KAILASH WOMEN’S COLLEGE

DEPARTMENT OF COMMERCE

SEMESTER : II

CLASS : I – [Link]

NAME OF THE PAPER : HUMAN RIGHTS

PAPER CODE :
 QUESTION PAPER PATTERN

Time: 3 Hours Max. Marks: 75

PART – A (15 x 1 = 15 Marks)

Answer ALL Questions

(Three questions from each unit)

PART – B (2 x 5 = 10 Marks)

Answer Any TWO Questions

(One Question from each unit)

PART – C (5 x 10 = 50 Marks)

Answer ALL questions

(One Question from each unit with internal choice)

SYLLABUS

UNIT 1: Introduction to Human Rights

Human Rights -Meaning -Definitions – Orgin and Growth of human rights in the world –
Need and Type of Human Rights – UNHRC (United Nations Human Rights Commission) – Human
Rights in India.

UNIT II: Classification of Human Rights

Right to liberty – Right to life – Right to Equality – Right against Exploitation – Educational
Rights – Cultural Rights – Educational Rights – Economic Rights – Political Rights – Social Rights.
UNIT III: Rights of Women and Children

Rights of Women – Female feticide and infanticide and selective abortion – Physical assault
and sexual harassment – Domestic Violence – Violence at work place – Remedial Measures.

Rights of Children – protection rights, survival rights – Participation rights – Development rights –
Role of UN on convention on right of children.

UNIT IV: Multi – Dimensional aspects of Human Rights

Labour rights – Bonded labour – Child labour - Migrant Labour – Domestic Women Labour-
Gender Equity – Rights of Ethnic refugees – Problems and remedies – Role of trade union in
protecting the unorganized labourers.

UNIT V : Grievance and Redressal Mechanism

Redressal Mechanisms at national and international levels – Structure and functions of

National ans State level Human Rights Commission- Constitutional remedies and directive principles
of state policy.

TEXT BOOKS

1. Human Rights in India – Asish Kuamr das and Prasant Kumar Mohanty
2. Human Rights and Development Issues – Velan .G.
3. Human Rights Theory and Practice – Meena .P.K.

Reference Books

1. Teaching of Huamn rights – baradat Serigo and Swaronjali Ghosh

2. Human Rights Achievements and Challengers – Roy A.N
3. Human Rights Development and environmental law – Bhavani Prasad panda

UNIT-I

HUMAN RIGHTS

Introduction to Human Rights

Human Rights: Meaning Definitions – Origin and Growth of Human Rights in World – Need
and types of Human Rights – UNHRC (United Nations Human Rights Commission).

INTRODUCTION:

 Human Rights are the basic rights and freedoms that belong to all of
us, from birth until death. They apply regardless of where you are
from, what you believe or how you choose to live your life.

 Human Rights are rights inherent to all human beings, regardless of

race, sex, nationality, language, religion or any other status. Everyone
is entitled to these rights, without discrimination.
  The principle of universality of human right is the cornerstone of
International Human Rights law. The Universal Declaration on Human
Rights, adopted by the General Assembly in 10 December 1948.1

 Human rights, as the term is most commonly used, are basic entitlements

bestowed upon each and every human being by virtue of birth. The
underlying idea of such rights is to ensure that all men, women and
children are treated with respect and dignity. ... These rights include the
right to life, freedom and justice.

MEANING OF HUMAN RIGHTS

           The Term "Human Rights" denotes all those rights which are inherent in their nature
and without which we cannot live as human beings. The Human Rights being eternal part of
the nature of human beings are essential for the development of individual personality and
human qualities, the intelligence, talent and consciences and to enable them to satisfy the
spiritual and other higher demands.

Human rights are the rights that everyone has equally by virtue of their humanity. It is
grounded in an appeal to our human nature. Christian Bay defined human rights as any claims
that ought to have legal and moral protection to make sure that basic needs will be met.
Human rights can be defined as those minimum rights which every individual must have
against the state or other public authority by virtue of his being a member of the human
family.

According to S. Kim, human rights are "claims and demands essential to the protection of
human life and the enhancement of human dignity, and should therefore enjoy full social and
political sanctions".

Subhash C. Kashyap opined human rights are those “fundamental rights to which every
man inhabiting any part of the world should be deemed entitled by virtue of having been born
a human being”.

Milne defined “human rights are simply what every human beings owes to every other
human being and as such represent universal moral obligation”.

ORIGIN AND DEVELOPMENT OF HUMAN RIGHTS:

Human Right is relating to human. Nature of human right is different. It belong with the
human being. It is inseparable with human being. It does not require any state recognition,
any legitimacy from the state and any enforcement. Human rights are older than states.
History of human rights can be traced back to man itself. When there was only human being
human right was there. When there was not state, natural law etc there was human right.
History of human rights starts with the history of man itself. Different names were given to
human rights. It is inherent rights as the child from the womb of the mother acquires it.

Right to own and use property emerged as first human right as Proprietary Rights.
Initially human right assumed proprietary right called Easement Rights which was legally
recognised rights. The law of trust emerged as Universal Law. After that Natural Law
emerged.

We have different phases of Natural Law Theory-

Super Natural
God
Dictate of Reasons.

In this era Natural Law known as Human Rights. There were social contract theories
propounded by Thomas Hobbes, John Locke and J.J. Rousseau in the period of Renaissance.
The theory was developed called Leviathan. The Reserved Rights became fundamental rights
in the modern period which was called Human Right of First Generation. In first stage it was
known as Easement Right. In the second stage it was called Civil and Political Rights. It is
called human rights which continued till Industrial Revolution. It is available against the state
only. It developed according to the state. The mid 19th century led to the right of workers.
International Labour Organisation (1850-1925) was not made by any authority but by Labour
Organisation.

Nature of human rights changed with Industrial Revolution. Human rights in this era
was considered as social rights. Human rights changed with Russian Revolution 1916. The
outcome of this was making of first constitution of USSR in 1916. It was the first constitution
of the modern states guaranteed Social and Economic Rights in its Constitution itself. This
led to dawn of Second Generation Human Rights.

After that large new groups emerged demanding different rights. In later half of
20th century led to the recognition of rights of Groups more than rights of Individuals.
Human rights of first generation limited to the Individuals.

Lastly, Human rights of Third Generation concerned with Rights of Groups less
concerned with Individual Rights.

Second World War led to the drastic effects to Human Rights. There was total
destruction. It was necessary and compulsive to state to change or transform from leissez-
faire to welfare state. It felt necessary for the uniform standard of human rights that led to the
Declaration of UDHR, 1948. The situation demanded the Universalisation of Human Rights.
Thereafter almost fifty countries became independent within ten years. Most of the countries
drafted own constitutions and the fundamental rights were there.

DEFINITION OF HUMAN RIGHTS

Dr. Justice Durga Das Basu defines “Human rights are those minimal rights, which
every individual must have against the State, or other public authority, by virtue of his
being a ‘member of human family’ irrespective of any consideration. Durga Das Basu’s
definition brings out the essence of human rights.

The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as
“rights derived from the inherent dignity of the human person.” Human rights when they
are guaranteed by a written constitution are known as “Fundamental Rights” because a
written constitution is the fundamental law of the state.

NATURE OR CHARACTERISTICS OF HUMAN RIGHTS:

The main characteristic features of human rights may be analyzed in the following manner:
1. Human rights imply that everyone should have them. People do not enjoy them as the
member of a particular nation or of a community, rather as the member of the human
society. So human rights are universally applicable to all without any discrimination on
the grounds of caste, class, color, sex, religion etc.
2. Human rights, as a comprehensive whole, include socioeconomic, civil, political, cultural
rights which are deemed to be essential for the human beings to lead a life of dignity.
3. Human rights are justiciable. They cover legal rights protected by the law of the state.
They also cover fundamental rights as incorporated in the constitution of the land and they
enjoy judicial enforcement.
4. Human rights are not absolute. Like all rights, they may also be restricted in the interest of
public peace, social decency, political security and the like.
5. Human beings cannot stay without the enjoyment of human rights. All of them possess
these rights as the members of the human society. Since some people are ignorant of these
rights, they must be taught about these opportunities. They only can lead a life of peace,
security and dignity with the growing consciousness of these rights.

TYPES OF HUMAN RIGHTS

The Universal Declaration of Human Rights has guaranteed a number of rights

which can be classified as follows:

(a) Social or Civil Human Rights:All human beings are entitled to:
(1) The right to life, liberty and security of persons
(2) Right to freedom from slavery and servitude
(3) Right to freedom from torture or cruel, inhuman or degrading treatment or punishment
(4) Right to freedom from arbitrary interference with privacy, family, home or
correspondence
(5) Right to marry and have family and right to property.
(b) Political Human Rights:To take part in the political process, all human beings are
provided with some rights such as:
(1) Right to nationality
(2) Right to equality before law and equal protection of law
(3) Right to judicial remedies, fair trial and freedom from arbitrary arrest, detention or exile
(4) Right to freedom of thought, expression, belief, faith, conscience and religion
(5) Right to freedom of peaceful assembly and association
(6) Right to take part in government affairs and equal access to public service
(7) Right to equal suffrage
(8) Right to freedom of movement and right of asylum etc.
(c) Economic Human Rights:To ensure the economic interest of the human being, UNO
also provides certain economic rights, such as:
(1) Right to social security
(2) Right to work and the right to equal pay for equal work
(3) Right to form trade unions
(4) Right to rest and leisure
(5) Right to food, health and adequate standard of living.
(d) Cultural Human Rights:
For the protection of the various types of cultures, traditions and customs of the human being,
the Declaration of Human Rights also provides certain rights, such as:
(1) Right to participate in the cultural life of the community,
(2) Right to enjoy the art and to share in the scientific advancement and its benefits
(3) Right to the protection of the moral and material interests resulting from any scientific,
literary and artistic production of which the individual is the author
(4) Right to a social and international order in which the human rights as provided in the
Universal Declaration can be fully realized.
The Declaration also imposes the responsibility that all individuals, nations and international
bodies to respect and observe these human rights. But abuses of human rights are often found
in many countries of the world. Racial discriminations, establishment of military rules,
militant nationalism and terrorist activities are directly hindering the human rights. UNO is a
body of sovereign nation-states and its charter prohibits interference in the domestic affairs of
any member-state.
The provisions of the Universal Declaration of Human Rights do not allow individuals to
come forward with any complaint of the violation of human rights. For the enforcement of
human rights the UNO has established the Human Rights Commission at Geneva with a
number of branches in different countries of the world.
Various countries have also established their own Human Rights Commission for the
protection of human rights in their respective area. A strong public opinion has been realized
in favour of the human rights for which no government can easily suppress them.

NEEDOFHUMANRIGHTS

Human Rights cannot be different for different individuals, states, and countries. Thus
a charter of Human Rights applicable for all and accepted by everyone is needed to:
1. Assure equal human rights for all human beings.
2. Promote the idea of peaceful coexistence within the country and among various
countries of the world.
3. Protect and acknowledge rights.
4. Encourage the Government to make policies and laws for fulfillment of human
rights.
5. Establish a peaceful environment for the development of human life
 and harmonious existence of all mankind.
6. Promote human right & above all national or international politics and
discretionary government decisions.
7. Inculcate the values of respect for human rights, amongst the victorious
nations of wars so as to focus on environmentalissues.

CONSTITUTIONAL PROVISION FOR PROTECTION OF HUMAN RIGHTS

India’sstruggleforfreedombasicallywasastruggleforself-
determination,forfreedomofequality, liberty and justice. These are the core values of
the vision of Human Rights.
Infact even earlier social reformers have emphasised the values of civil
liberties.
Westernliberaleducation,growingrepressivecharacterofthecolonialpowerandconscious
nessinvarious social groups further added to the evolution of demand for rights.
The IndianNational Congress which spearheaded the National movement
throughout emphasised
theideaofrights.ThestruggleagainsttheRowlattActin1919wasalandmarkinthehistoryof
civillibertiesmovementinIndia.
In 1930 at the time of civil disobedience movement there also emerged the idea
of anorganised civil rights movement. This took the shape of “Indian Civil Liberties
Union”(ICLU) formed in August 1936.
Rabindranath Tagore and Sarojni Naidu became theHonorary President and
president respectively on the request of Jawaharlal Nehru, whohad mooted the idea
of ‘ICLU’. During freedom struggle, the defence of civil libertieswas not narrowly
conceived in terms of one political group or party. It was extended
tothedefenceofallgroupswithoutconcernaboutideologicalorstrategicdifferences.
THECONSTITUENTASSEMBLY
Theideathateveryindividualpossessedcertaininherentrightswasoneoftheprominentmo
vingspiritsoffreedomstruggleandtherefore,theinclusionofrightswasconsideredasan essential
part of the Constitution to be framed by the Constituent Assembly of India.
This was made amply clear in the objectives resolution moved by Jawaharlal Nehru
on13December1946.

TheresolutionpromisedtoallcitizensofIndia:
Justice:Social,economicandpolitical,
Equality:ofstatus,ofopportunityandbeforethelaw;and
Freedom: of thought, expression, belief, faith, worship, vocation, association and
action,subjecttolawandpublicmorality.
The objectives Contained in the above resolution were later adopted as part of
thePreamble oftheConstitution.
Youwillappreciatethatinasocietyfullofdivisionsofcaste,religions,tribes,languagesetc,
as also having a large population of poor, such promises were revolutionary. At thesame
time mere political legal equality was not sufficient for the deprived sections ofsociety.
 Therefore, apart from granting freedoms and equality, provisions for providingprotective
safeguards were also necessary. The Constituent Assembly therefore madeprovisions for
both negative and positive rights as also special provisions for
vulnerablesectionsofthesocietywithinrights.
NegativerightsrefertofreedomsandequalitythattheStatemustnotencroachupon.

Positive rights require State to

[Link]
s. In chapter III of the Constitution- under Fundamental rights- were
guaranteedprimarilynegativerightsandinchapterIVunderDirectivePrinciplesofStatePolicywe
reprovided positive rights. The Preamble, Fundamental Rights and Directive
Principlescombinedthevaluesoffreedom,equalityandeconomicandsocialjustice.
FUNDAMENTALRIGHTS
The fundamental rights have been provided in part III of the Constitution. These
areprimarily in the nature of civil and political rights. There are two kinds of rights,
someavailabletoallpersonslivinginIndiaandsome availableonlytocitizensofIndia.
Theserightsarejusticiable,whichmeansincaseofviolationoftheserights,thecitizenscang
oto [Link]
can be infringed only to the extent provided by the Constitution itself or underconditions
of emergency. Originally, the Fundamental rights were provided under sevencategories.
In 1978, through 44th amendment of the Constitution, one right that is rightto
property, was deleted from the chapter on rights. As such there are now six
[Link]:
RighttoEquality
Through Articles 14 to 18, the Constitution provides equality before law, of
opportunity,dignityandstatus.
Article 14 provides that the state shall not deny to any person equality before law or
theequal protection of the law within the territory of India. Article 15 prohibits the state
todiscriminateagainstanycitizenongroundsonlyofreligion,race,caste,sex,placeofbirthor any
of them. Prohibition of discrimination is placed also on society as no citizen onany of the
above mentioned grounds can be denied access to shops, restaurants, hotels,places of
public entertainment, anduse of wells, tanks,bathing ghats, roads and
placesofuseofthegeneralpublic.
Article 16 provides equality of opportunity for all citizens in respect of public
[Link] cannot be deprived of this on grounds only of religion, race, caste, sex,
descent,placeof birth,[Link],however,makespecial
provisionsforreservations of jobs for the Scheduled Castes and Tribes as also promotions
in jobs. Itmeans denial of opportunity to others in jobs reserved for Scheduled Castes and
[Link].
Article17abolishespracticeof untouchability in any
[Link] as a crime punishable in accordance with law.
Thus equality of dignity isassured. To provide equality of status Article 18 provides that
the state shall not conferany title other than military or academic. No citizen of India shall
accept any title fromany foreign state. No person other than a citizen, while holding an
office of profit,
 underthestateshall,withouttheconsentofthepresident,accepttitlefromaforeignstate.

Right to Freedom
Articles 19 to 22oftheConstitutiongrantvarioustypesoffreedomstopersons.

Basic Freedoms

Article 19 guarantees sixbasicfreedoms.

Theseare(i) freedom of speech and expression,(ii) Freedom to assemble peacefully

without arms, (iii) Freedom to form associations and unions, (iv) Freedom of
movement, (v) Freedom to reside and settle in any part of India, and (vi) Freedom to
practice any profession or carry on any occupation, trade or business.
These freedoms, however, are not absolute; clauses 2 to 6 of the Article 19 provide
forconditions under which the state can put reasonable restrictions on these freedoms
[Link]:security
ofthestate,publicorder,foreignrelations,defamation, contempt of court, sovereignty and
integrity of India, public morality orincitementtocommitanoffence.
Protection in respect of Conviction of offences

Article 20 gives to citizens, protection against conviction for offences except for the
violation of the law in force, against
punishmentforthesameoffencemorethanonceandagainstforcingapersontobeawitnessagainst
oneself.

Right to Life and Personal Liberty

Article 21 guarantees all persons right to life. According to this, no person shall
bedeprived of his life or personal liberty except according to procedure established by
[Link]
edlife.

TheGovernmentof India hasalsoagreedwith itandthrough

anamendmentoftheConstitution,itaddedArticle 21 Aguaranteeingtheright toeducationto all
children between the age of six and fourteen years. Issues of pollution have
alsobeentakenupasaffectingtherighttolife.

Protection in cases of Arrest and Detention

Article 22 provides for right to be informed of the grounds of arrest, right to consult
andbe defended by a lawyer, right to be presented before a magistrate within 24 hours
[Link] rights are, however, withheld from enemy, aliens and persons who are arrested
ordetainedunderanylawprovidingforpreventivedetention.
Right against Exploitation
Articles 23 and 24 provide Right against Exploitation. This rightassures guarantee
against ‘traffic in human beings’, forced labour, begging etc. Article 24 protects children
 belowtheageof14fromemploymentinfactories,mines,andotherhazardousjobs.
Right to Freedom of Religion
Articles 25 and 26 guarantee freedom of Conscience and free profession; practice
andpropagation of religion, establishment and maintenance of institutions for religious
[Link],however,aresubjecttopublicorder,moralityandhealth
.It
meansallindividualsandreligiousgroupsarefreetopracticetheirfaithwithoutendangeringpubli
corderandhealth.
Article 27 provides that no person shall be compelled to pay any taxes, the proceeds
ofwhicharespecificallyappropriatedinpaymentofexpensesforthepromotionormaintenance
of any particular religion or religious denominations.
Article 28 forbids theimpartingofreligious instructionsineducationalinstitutions
[Link],studentscannotbeforcedtoattendreligiousinstructio
ns.
The above provisions of Article 25 to 28 make it clear that while all individuals are
freeto adopt and practice any religion, and all religions are free to flourish according to
theirestablishedtraditions,thestatewillnotpromoteorfavouranyparticularreligionnorwillitdis
[Link].

CulturalandEducationalRights
Articles 29 and 30 protect the interest of minorities in terms of their traditions
andlanguages. Any section of the citizens, residing in the territory of India having a
distinctlanguage, script or culture, has the right to conserve the same. No citizen can be
deniedadmission to a State owned or State-aided educational institution on grounds of
religion,race, caste or language.
Article 30 gives minorities the right to establish and administereducational
institutions. This Article also provides that the State cannot discriminate
againstanyeducationalinstitutiononthegroundthatitisunderthemanagementofaminority.
RighttoConstitutionalRemedies
Article32 gives right to persons to appeal to courts- both Supreme Court and High
Court- incases of violation of any right. The Courts have been given powers to enforce
Rights byappropriateremedies.
Fromtheabovediscussion,youmighthaveunderstoodthat
FundamentalRightsbasicallyprotect individualsagainst
violationoftheirfreedom,[Link] called negative because the
state has been asked not to violate these rights.
TheArticles 15 and 16 empower the state to initiate positive action also for the
welfare ofScheduled Castes,Scheduled Tribes and Backward [Link] general,Chapter
[Link]
that are positive in nature as State has to provide these through its policies andactions.

DIRECTIVEPRINCIPLESOF STATEPOLICY
 37says‘fundamental inthegovernance’andthestateisexpectedtoapply
[Link]-
enforceabilitybycourts,thestateisresponsibleandaccountableforimplementationoftheseprincip
[Link]
esasrights.
Intermsofrightsorpolicyframeworks,theDirectivePrinciplescanbedividedintothreecategories:
(i) Socio-EconomicRights
(ii) TheGandhianprinciples
(iii) DirectivesforGeneralWelfareandGovernance
SOCIO-ECONOMICRIGHTS
These principles for Socio-Economic rights and welfare have been provided in
Articles38,39,39A,41and42.
Article 38 provides that “The state shall strive to promote the welfare of the people
byprotecting, as effectively as it may, a social order in which justice, social-economic
andpolitical shall inform all the institutions of the national life. It also directs the state
toeliminate inequalities in income, status, and opportunity not only among individuals but
alsoamonggroupsofpeople”.
Article39providesthatthestateshall,inparticular,directitspoliciesforsecuringthecitizensbothm
enandwomen:
i) EqualrighttoanadequatemeansOF livelihood;ii)Equalpayforequalwork;
iii) Fairdistributionandcontrolofresourcessoastoservethecommongood;
iv) Tocheckthatoperationoftheeconomicsystemisinawaythatitdoesnotresultintheconcentrat
ionofwealthandmeansofproductiontothecommondetriment.
v) Preventionofhealthandstrengthofworkers,menandwomen,andthetenderageofchildrenag
ainstabuse;and
vi) Opportunitiesand facilitiesforchildrenand
youthtodevelopinhealthymannerandnottobeexploited.
Article 39A provides that the State shall secure that the operation of the legal
systempromotes justice, on a basis of equal opportunity, and shall, in particular, provide
freelegal aid, so that justice is not denied to any citizen by reason of economic or
otherdisabilities.
Article 41 states that within the limits of its resources the state will make provision
forthe right to work, to education, and to public assistance to the unemployed, sick, old
anddisabled; secure just and humane conditions of work and maternity relief; and
decentliving,
wage;raiselevelofeducation,standardoflivingandpublichealth,earlychildhoodcareandeducati
onofchildrenbelowtheageofsix.
Article 43 directs the State to ensure to all workers agricultural, industrial or
otherwise,Righttowork,righttoalivingwageandrighttosuchconditionsofworkaswould
ensureadecentstandardoflifeandfullenjoymentofsocialandculturalopportunities.

Anew Article 43A introduced in 1976, directs the state to ensure the participation
ofworkersinthemanagementofindustryandotherundertakings.
THEGANDHIANPRINCIPLES
Mahatma Gandhi, as a thinker, had a perspective of state, nation and rule. He had
visionabout the government of state from common man, particularly, villagers’ [Link]
theConstitutional Assembly, there were members who considered these views quite
relevantfor society in India. Some of these were included in the state for
[Link]:
Article 40 directs the state to organise village Panchayats and to vest them with
suchpowers and authority as may be necessary to enable them to function as units of self-
government. This means establishment of Gandhi’s idea of Panchayati Raj. You may
beaware that through 73rd Amendment of the Constitution, the Panchayati Raj system
hasbeenimplementedasaConstitutionalprovision.
Article46
providesforthestatetopromotetheeducationalandeconomicinterestsoftheScheduled Castes,
Tribes and other weaker sections of the society. It also directs
theStatetoprotectthesesectionsfromsocialinjusticeandfromallformsofexploitation.
Article 47 states that the state shall raise the level of nutrition and standard of living
[Link],whicha
reinjurioustohealth.
Article 48 is concerned with the preservation and improvement of cattle and
prohibitionof cow-slaughter. State is also asked to endeavour to organise agriculture and
animalhusbandry on modern and scientific lines. A new Article 48A introduced in 1976
directsthestatetoprotectandimprovetheenvironmentandtosafeguardtheforestsandwildlifeoft
hecountry.
DIRECTIVESFORGENERALWELFAREANDGOVERNANCE
The Directive Principles also direct the State to adopt and implement policies for
basiceducation, uniform civil code, independence of judiciary, protection of heritage
andpromotionofinternationalpeace.
Article 44 prescribes for a uniform civil code and directs the State toendeavour
tosecuretoallcitizensauniformcodethroughouttheterritoryofIndia.
Article 45 provides that the state shall endeavour to provide, within a period of ten
yearsfrom the commencement of the Constitution, free and compulsory education for
allchildren until they complete the age of fourteen years.
Article 49 directs the state to protect, preserve and maintain monuments, places
[Link]
numentsandobjectsarenotspoiled,disfigured,destroyed,removedorexported.
Article50directsthestate to
takestepstoseparatejudiciaryfromtheexecutiveinpublicservice or the state. This has been a
colonial legacy for District Magistrates to
[Link] thetheory
of checks. Therefore the framers of the Constitution desired the separation of the
[Link].
Article51directsthestatetoformulateitsforeignpolicykeepinginviewtheprincipleofworld
peace and harmonious coexistences of nations.
 The Article directs the State
toshapeitsforeignpolicyastoattainthefollowingobjectives:
I) Promoteinternationalpeaceandsecurity;
II) Maintainjustandhonourablerelationsbetweennations;
III) Respectforinternational lawandtreaty obligationsinthe dealingsof
organisedpeoplewithoneanother;and
IV) Encouragesettlementofinternationaldisputesbyarbitration.
FUNDAMENTALDUTIES

On the basis of these recommendations through 42 nd Amendment, Section 51A of

theConstitution in 1976, a new Section Part IV A on Fundamental Duties,has been
addedintheConstitution.

ThisArticleprescribes thefollowingdutiesforeverycitizenof India:

(a) ToabidebytheConstitutionandrespecttheNationalFlagandNationalAnthem;
(b) To cherishandfollowthenobleideas,whichinspiredournationalfreedomstruggle;
(c) Toprotect sovereignty,unityandintegrityofIndia;
(d) Todefendthecountry;
(e) To promote the spirit of common brotherhood amongst the people of India
transcendingreligious, linguistic, regional, or sectional diversities and laws to renounce
practicesderogatorytowomen;
(f) Topreservetherichheritageofourcompositeculture;
(g) Toprotectandimprovethenaturalenvironment;
(h) Todevelopthescientifictemperandspiritofenquiry;
(i) Tosafeguardpublicproperty;
(j) Tostrivetowardsexcellencein all spheresofindividualandcollectiveactivity;and
(k) As a parent or guardian to provide opportunities for education to child or
wardbetween the age of six and fourteen years.(This duty was included in Article
51Ain 2002 through 86th Amendment of the Constitution as a provision for right
toeducation).

UNHRC (UNITED NATIONS HUMAN RIGHTS COMMISSION).

The United Nations Commission on Human Rights (UNCHR) was a functional
commission within the overall framework of the United Nations from 1946 until it was
replaced by the United Nations Human Rights Council in 2006. It was a subsidiary body of
the UN Economic and Social Council (ECOSOC), and was also assisted in its work by
the Office of the United Nations High Commissioner for Human Rights (UNOHCHR). It was
the UN's principal mechanism and international forum concerned with the promotion and
protection of human rights.
 The Commission on Human Rights was intended to examine, monitor and publicly
report on human rights situations in specific countries or territories (known as country
mechanisms or mandates) as well as on major phenomena of human rights violations
worldwide (known as thematic mechanisms or mandates).[3] The Human Rights division of
the U.N. is also expected to uphold and protect the Universal Declaration of Human Rights.
The Human Rights Council is the principal United Nations intergovernmental body
responsible for human rights. It is composed of 47 Member States, which meets in at least
three sessions per year in Geneva, Switzerland. Its role includes strengthening the promotion
and protection of human rights around the globe, and making recommendations to address
violations of human rights, including gross and systematic violations. The Office of the UN
High Commissioner for Human Rights (OHCHR) is the secretariat for the Human Rights
Counci

The Sub-Commission on the Promotion and Protection of Human Rights was the

main subsidiary body of the Commission on Human Rights. It was composed of twenty-six
experts whose responsibility was to undertake studies, particularly in light of the Universal
Declaration of Human Rights, and make recommendations to the Commission concerning the
prevention of discrimination of any kind relating to human rights and fundamental freedoms
and the protection of racial, national, religious and linguistic minorities. Membership was
selected with regard to equitable geographical distribution.
The Sub-Commission established seven Working Groups that investigate specific
human rights concerns, including:
Minorities
Transnational Corporations
Administration of Justice
Anti-terrorism
Contemporary Forms of Slavery
Indigenous Populations
Communication
Social Forum

MULTIPLE CHOICE QIESTIONS

[Link] was the protection of human rights act passed in India?
A) 2003
B) 1993
C) 2005
D) 1997

Ans – A
2. In which article of the Indian constitution the right to education is Incorporated?
A) article 19
B) article 21
C) article 21
D) article 29
Ans - C

3. Right to Information Act was passed in...........

A) 2005
B) 2006
C) 1995
D) 1998
Ans - A

4. PUCL stands for................ 

A) People Union for cultural Liberty
B) People's Union for Civil liberties
C) People's Union for Civil law
D) none of the above
Ans - B

5. Habeas Corpus means................. 

A) have you the body
B) produce the body
C) find out the person
D) release the person
Ans – A

[Link] constitutional amendment to right to education was passed in.................

A) 2005
B) 2009
C) 2002
D) 2011
Ans - C

7. PIL stands for.................. 

A) Private Interest Litigation
B) Public Interest litigation
C) Public International Law
D) Public Institute of Law
Ans - B

8. Who wrote the book human rights and inhuman wrongs?

A) Chiranjeevi Nirmal
B) VR Krishna Iyer
C) Upendra Bakshi
D) Andrew Clapham
Ans - B

9. Name the Act which prescribed for the National Human Rights Commission?
A) Human Rights Act
B) Protection of Human Rights Act
C) Right to Information Act
D) Protaction of Minorities Act
Ans - B

10. Human Rights a very short introduction was written by.................. 

A) Harold J laski
B) V R Krishna Iyer
C) Upendra Bakshi
D) Andrew Clapham
Ans – D

11. Which here the two words in the Preamble of Indian constitution through 42nd
amendment?
A) democracy and federalism
B) secularism and socialism
C) nationalism and secularism
D) secularism and democracy
Ans - B

12. Which amendment to the constitution gave precedence to DPSP over FR?
A) 42nd Amendment
B) 44th Amendment
C) 56th Amendment
D) 66th Amendment
Ans - A
 The six freedoms of Indian citizens have been anshrined in.................. 
A) article 19
B) article 22
C) article 21
D) article 32
Ans - A

14. Which one of the following was wrongly listed in the group of freedom under article 19?
A) freedom of assembly
B) freedom of religion
C) freedom of movement
D) freedom of residence
Ans - B

15. Write issued the court directing to a person to perform public duties is................. 
A) Mandamus
B) Certiorari
C) Habeas Corpus
D) Prohibition
Ans - A
16. Article 17 of Indian constitution deals with................. 
A) Abolition of untouchability
B) Abolition of titles
C) Right to freedom
D) Right to religion
Ans - A

17. Right to life is guaranteed in Indian constitution in article.................. 

A) 19
B) 28
C) 21
D) 32
Ans - C

18. Right to family is ensured in article...............of UDHR

A) 21
B) 14
C) 28
D) 16
Ans - D
[Link] does not create rights but merely recognise it, who said............... 
A) Laski
B) T H Green
C) Aristotle
D) Locke
Ans - A

20. Right to privacy is a.................. right

A) Political Right
B) Social Right
C) Economic Right
D) Civil Right
Ans – D

FIVE MARKS QUESTIONS

1. Role of UN in the protection of human rights
2. Discuss about the Nature of human rights
3. Write short notes on UNHRC.
4. Discuss the origin of human rights. When human rights were included in Indian
Constitution?
5. Describe the importance and development of the concept of human rights
6. What extent the NHRC has been effective for the enforcement of human right.
7. What is human Rights? Explain its Types.
TEN MARKS QUESTIONS
 1. Explain human rights with the support of Indian Constitution.
2. What are the efforts of the united nations in the protection and promotion of human
rights.
3. Explain the National Human Right Commission
4. Explain the Fundamental Rights under Indian Constitution
5. Explain the powers and functions of National Human rights Commission.
6. Trace the origin and development of Human Rights’
7. Explain the role of judiciary in the protections of human rights in India.
8. Elucidate the constitutional protections of human rights in India.
9. Critically examine the working of the National human rights commission of India
HUMAN RIGHTS- UNIT – 2
CLASSIFICATION OF HUMAN RIGHT

Rights to liberty

The right to be free any basic right or freedom to which all human beings are entitled and in
whose exercise a government may not interfere (including rights to life and liberty as well as
freedom of thought and expression and equality before the law)
The right to personal liberty requires that persons not be subject to arrest and detention except
as provided for by law, and provided that neither the arrest nor the detention is arbitrary. …
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary
arrest or detention.

Rights to life

This means that nobody, including the Government, can try to end your life. It also means the
Government should take appropriate measures to safeguard life by making laws to protect
you and, in some circumstances, by taking steps to protect you if your life is at risk.
Public authorities should also consider your right to life when making decisions that might
put you in danger or that affect your life expectancy.
If a member of your family dies in circumstances that involve the state, you may have the
right to an investigation. The state is also required to investigate suspicious deaths and deaths
in custody.
The courts have decided that the right to life does not include a right to die.
No person shall be deprived of his life or personal liberty except according to procedure
established by law.”

Right to equality
 “As long as poverty, injustice and gross inequality persist in the world, none of us can truly
rest” – Nelson Mandela
Democracy can only thrive and flourish where the individuals in the society are treated
equally and without discrimination. Thus, it was felt by the framers of the Constitution to
incorporate such provision to remove the hurdle of existing social and economical
inequalities and enable the diverse communities of the country to enjoy the rights and
liberties guaranteed under the constitution. It was believed to be essential to remove
inequalities based on religion, social norms, age-old traditions practiced in parts of India, like
untouchability, castes, race discrimination, etc.
The Right to equality means the absence of legal discrimination only on grounds of caste,
race, religion, sex, and place of birth and ensures equal rights to all citizens.
It is considered basic feature of the Indian Constitution.
The Right to equality is both a positive equality as well as a negative right.

Rights to dignity

The Constitution explicitly states that “Everyone has inherent dignity and the right to have
their dignity respected and protected.” In jurisprudence, the right to dignity is often seen as
underlying more specific rights, such as equality, security of the person or privacy, but it has
been directly
Human rights are needed to protect and preserve every individual’s humanity, to ensure that
every individual can live a life of dignity and a life that is worthy of a human being. …
Fundamentally, because everyone is a human being and therefore a moral

The Right against exploitation

Prohibits all types of forced labor, child labor and trafficking of people. … It states that no
child under the age of fourteen would be allowed to work in the factories or mines of any
nature or be even employed for any hazardous engagement.
Article 24 says that “No child below the age of fourteen years shall be employed to work in
any factory or mine or engaged in any other hazardous employment.” The fundamental right
against exploitation guaranteed to all citizens prohibits child labor in mines, factories, and
hazardous conditions

Rights to work
Everyone has the right to work, to free choice of employment, to just and favorable
conditions of work and to protection against unemployment. Everyone, without any
discrimination, has the right to equal pay for equal work. … Everyone has the right to form
and to join trade unions for the protection of his interests.
The right to work is a foundation for the realization of other human rights and for life with
dignity. It includes the opportunity to earn a livelihood by work freely chosen or accepted. …
Closely connected with the right to work are the right to just and favorable conditions of
work, and trade union-related rights.

Right to personal freedom

The right to personal liberty requires that persons not be subject to arrest and detention except
as provided for by law, and provided that neither the arrest nor the detention is arbitrary. The
right applies to all forms of detention where people are deprived of their liberty.
Examples of your individual rights described in the Constitution are your right to vote, your
right to live wherever you want in the United States, your right to travel, your right to own
property, your right to be free from slavery, your right to receive a public education, your
right to date and marry whomever

Right to freedom of expression

Everyone has the right to freedom of expression. This right shall include freedom to hold
opinions and to receive and impart information and ideas without interference by public
authority and regardless of frontiers.
Freedom of expression allows pluralist dialogue and creates a secure platform for critical
voices. It ensures that people have the right to seek, obtain, receive and hold information
about human rights and human rights violations.

Right to education
Education in human rights is itself a fundamental human right and also a responsibility: the
Preamble to the Universal Declaration of Human Rights (UDHR) exhorts “every individual
and every organ of society” to “strive by teaching and education to promote respect for these
rights and freedoms.”
Human rights education is defined as the learning process that builds up the required
knowledge, values, and proficiency of human rights which the objective is to develop an
acceptable human rights culture.

The right to information

The right to information has been most commonly recognized by international human rights
treaty bodies as coming within the scope of the right to freedom of expression though such
bodies have, on occasion, based their recognition of a right to information on the enjoyment
of other rights such as: the right to respect
‘Freedom of information is a fundamental human right … the touchstone of all the freedoms
to which the UN is consecrated”. … It also means that right to information does not, in itself,
guarantee other basic rights. In other words, it empowers citizens to attain their basic human
rights.
Right to clean environment

A safe, clean, healthy and sustainable environment is integral to the full enjoyment of a wide
range of human rights, including the rights to life, health, food, water and sanitation. Without
a healthy environment, we are unable to fulfil our aspirations.
Environmental problems, notably pollution and climate change, implicate economic, social,
and cultural rights, including the rights to health and water. Procedural rights, such as the
rights to assembly, expression, and information, are critical to environmental protection.
Environmental rights mean access to the unspoiled natural resources that enable survival,
including land, shelter, food, water and air. They also include more purely ecological rights,
including the right for a certain beetle to survive or the right for an individual to enjoy an
unspoiled landscape.

1 mark questions
1 When did the Cairo Declaration on Human Rights in Islam adopted?
[A] 1985
[B] 1990
[C] 1995
[D] 2000

Answer: 1990

2 Under whose chairmanship The United Declaration of Human Rights was adopted?
[A] Eleanor Roosevelt
[B] Jawaharlal Nehru
[C] Adolf Hitler
[D] Queen Elizabeth

Answer: Eleanor Roosevelt

4 In which century human rights became a central concern over the issue of slavery?
[A] 15th
[B] 17th
[C] 19th
[D] 21th

Answer: 19th

5 When did the Universal Declaration of Human Rights created?

[A] 1947
[B] 1948
[C] 1949
[D] 1950

Answer: 1948

6 When changes have been made in the National Human Rights Commission Act?

[A] 2001
[B] 1999
[C] 2006
[D] 2016

Answer: 2006

7 Who of the following is not included in the Committee constituted for the appointment of
the Chairman of the National Human Rights Commission?
[A] President
[B] Prime Minister
[C] Lok Sabha Speaker
[D] Leader of the main opposition party

Answer: President
8 What is tenure of the chairman of the National Human Rights Commission?
[A] 5 years or upto 62 years of age
[B] 5 years or upto 65 years of age
[C] 6 years or upto 65 years of age
[D] 5 years or upto 70 years of age

Answer: 5 years or upto 70 years of age

9 Which of the following statements is NOT correct about the National Human Rights
Commission?
[A] It was established in 1993
[B] In the cases of human rights violation, the Commission has no right to punish the culprit
[C] The Chairman and members of this Commission are appointed by the Supreme Court of
India
[D] The Commission sends its annual report to the Central Government and State
Governments

Answer: The Chairman and members of this Commission are appointed by the Supreme
Court of India

10 Who can be appointed as the chairman of the National Human Rights Commission?
[A] Any sitting judge of the Supreme Court
[B] Any retired Chief Justice of the Supreme Court
[C] Any person appointed by the President
[D] Retired Chief Justice of any High Court

Answer: Any retired Chief Justice of the Supreme Court

11 National Human Rights Commission is a ……

[A] Statutory body
[B] Constitutional body
[C] Multilateral institutio
[D] Both a and c

Answer: Both a and c

12 Who is the current chairman of the National Human Rights Commission?

[A] Justice A.S. Anand
[B] Justice H.L. Dattu
[C] Justice S. Rajendra Babu
[D] Justice K. Balakrishnan

Answer: Justice H.L. Dattu

13 Which of the following is not the function of the National Human Rights Commission?
[A] To interfere in the proceedings related to any human rights violation case pending in the
court
[B] Protecting human rights of prisoners
[C] To provide Economic compensation to any human rights violation victim
[D] Promoting research in the field of human rights

Answer: To provide Economic compensation to any human rights violation victim

14 Where is the headquarter of the National Human Rights Commission?

[A] Mumbai
[B] Ahmedabad
[C] Kolkata
[D] Delhi

Answer: Delhi
15 Who of the following has never been appointed as the chairman of the National Human
Rights Commission?
[A] Justice K. G. Balakrishnan
[B] Justice S. Rajendra Babu
[C] Justice A. S. Anand
[D] Justice P. Sathasivam

Answer: Justice P. Sathasivam

16 Which of the following are moral principles that describe certain standards of human
behavior and are regularly protected as legal rights?
[A] National rights
[B] Human rights
[C] Women rights
[D] Men rights

Answer: Human rights

17 Which is the world’s first charter of human rights?

[A] The Cyrus Cylinder
[B] The Constitution of Media
[C] Bill of Rights
[D] The Magna Carta

Answer: The Cyrus Cylinder

18 In which country ‘Declaration of the Rights of Man and of the Citizen’ was adopted?
[A] India
[B] France
[C] China
[D] Denmark
Answer: France

19 How many articles are there in the Universal Declaration of Human Rights?
[A] 10
[B] 20
[C] 30
[D] 40

Answer: 30

20 Which one of the following played an important role in international human rights law?
[A] World war
[B] Economic summit
[C] The United Nations
[D] Treaty of Baskerville

Answer: The United Nations

5 mark questions

1. Meaning of Right to liberty

2. Write about right to work
3. What is right to dignity
4. Write short notes about right to life
5. Meaning of right to equality

10 mark questions

1. Explain briefly about classification of human rights

2. Give brief explanation about right against exploitation
3. Write detailed answer to the following
a. Right to personal freedom
b. Right to freedom of expression
 4. Briefly explain about right to education and right to information
5. Write briefly about right to clean environment

UNIT –III
RIGHTS OF WOMEN AND CHILDREN
Rights of Women – Gender Equity – Female Feticide and Infanticide and Sex Selective
Abortion – Physical Assault and Sexual Harassment – Domestic Violence – Violence at
Work Place- Rights for Equal Day –Remedial Measures
Rights to Children – Protection of Rights – Survival Rights –Participation Rights –
Development Rights – Role of UN Convention on Rights of Children.
Introduction
Women’s rights are the fundamental human rights that were enshrined by the United Nations
for every human being on the planet nearly 70 years ago. These rights include the right to live
free from violence, slavery, and discrimination; to be educated; to own property; to vote; and
to earn a fair and equal wage.
As the now-famous saying goes, “women’s rights are human rights.” That is to say, women
are entitled to all of these rights. Yet almost everywhere around the world, women and girls
are still denied them, often simply because of their gender.
Winning rights for women is about more than giving opportunities to any individual woman
or girl; it is also about changing how countries and communities work. It involves changing
laws and policies, winning hearts and minds, and investing in strong women’s organizations
and movements.
Women’s and girls’ rights are human rights. They cover every aspect of life – health,
education, political participation, economic well-being and freedom from violence, among
many others. Women and girls are entitled to the full and equal enjoyment of all of their
human rights and to be free from all forms of discrimination – this is fundamental to achieve
human rights, peace and security, and sustainable development.
The Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW)
The Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW), an international treaty commonly known as the bill of rights for women, has been
ratified by 188 States parties. However, the goal of universal ratification of the Convention
by the year 2000, set in the Beijing Declaration and Platform for Action, has not been
achieved. The Convention permits States to ratify it subject to reservations, provided that the
reservations are not incompatible with the object and purpose of the Convention. Eleven
States parties have withdrawn reservations, in full or in part, between 2010 and 2014. Some
15 States parties maintain reservations on article 2, concerned with anti-discrimination
policies, and 25 States parties maintain reservations on article 16, focused on eliminating
discrimination in marriage and family relations. The CEDAW Committee considers articles 2
and 16 to be core provisions of the Convention and has expressed concern at the number and
extent of reservations entered to those articles.
Human rights treaty bodies general comments and recommendations
Human rights treaty bodies have adopted 144 general comments and
recommendations to provide guidance regarding the interpretation of the respective treaty. As
of September 2014, the CEDAW Committee had adopted 30 general recommendations on a
range of themes and issues under the Convention, such as women and health, women in
political and public life, temporary special measures for the advancement of women and
violence against women. The last four of those general recommendations were adopted
between 2010 and 2014 and concern older women, core obligations of States parties
under article 2 (concerned with anti-discrimination policy), economic consequences of
marriage, family relations and their dissolution, and women in conflict prevention, conflict
and postconflict situations. Five general comments and recommendations have been adopted
by other treaty bodies (Human Rights Committee, Committee on Economic, Social and
Cultural Rights (CESCR), Committee on the Elimination of Racial Discrimination (CERD)
on women’s rights and gender equality issues, and around 51 general recommendations and
comments of other treaty bodies include reference to women’s human rights and gender
equality issues.
The Human Rights Council
From 2010 to 2014 in the Human Rights Council, some 419 resolutions were adopted
on a wide range of topics including violence against women, human trafficking, maternal
mortality and eliminating discrimination against women. Another211 resolutions were passed
on topics that included reference to women’s human rights, such asthe right to food and rights
of the child. Under the Universal Periodic Review of the Human Rights Council (UPR), a
total number of 35,469 recommendations have been issued to States under review since 2008
when the UPR was established. Approximately 20% of those recommendations refer to
women’s human rights and gender equality issues. For more information,see the UPR Info
Database. The special procedures of the Human Rights Council are independent human rights
experts with the target of reporting and advising on human rights. In the years of 1995 to
2014, a total of 96 reports of special procedures had an explicit focus on women’s human
rights and gender equality, and 119 reports integrated women’s human rights and gender
equality issues on broader topics.
Rights of Women
Women’s Suffrage
During the 19th and early 20th centuries people began to agitate for the right of women to
vote. In 1893 New Zealand became the first country to give women the right to vote on a
national level. This movement grew to spread all around the world, and thanks to the efforts
of everyone involved in this struggle, today women’s suffrage is a right under the Convention
on the Elimination of All Forms of Discrimination Against Women (1979).
Sexual and Reproductive Rights
Everyone should be able to make decisions about their own body.
Every woman and girl has sexual and reproductive rights . This means they are entitled to
equal access to health services like contraception and safe abortions, to choose if, when, and
who they marry, and to decide if they want to have children and if so how many, when and
with who.
Women should be able to live without fear of gender-based violence, including rape and
other sexual violence, female genital mutilation (FGM), forced marriage, forced pregnancy,
forced abortion, or forced sterilization.
Freedom of Movement
Freedom of movement is the right to move around freely as we please – not just within the
country we live in, but also to visit others. But many women face real challenges when it
comes to this. They may not be allowed to have their own passports, or they might have to
seek permission from a male guardian in order to travel.
For example, recently in Saudi Arabia there has been a successful campaign to allow women
to drive, which had previously been banned for many decades. But despite this landmark
gain, the authorities continue to persecute and detain many women’s rights activists, simply
for peacefully advocating for their rights.
FEMINISM AND WOMEN’S RIGHTS
When looking at women’s rights it’s helpful to have an understanding of feminism. At its
core, feminism is the belief that women are entitled to political, economic, and social
equality. Feminism is committed to ensuring women can fully enjoy their rights on an equal
footing with men.
Intersectional Feminism
Intersectional feminism is the idea that all of the reasons someone might be discriminated
against, including race, gender, sexual orientation, gender identity, economic class, and
disability, among others, overlap and intersect with each other. One way of understanding
this would be to look at how this might apply in a real world setting, such as Dominica,
where our research has shown that women sex workers, who are often people of colour, or
transgender, or both, suffer torture and persecution by the police.
Gender Equity
Gender equality between women and men refers to the equal rights, responsibilities and
opportunities for women and men and girls and boys. ... The ultimate goal in gender equality
is to ensure that women and men have equitable access to, and benefit from society's
resources, opportunities and rewards.
About gender equality and the human rights of women and LGBTI persons
Gender equality is at the very heart of human rights and United Nations values. Equality and
non-discrimination are fundamental principles of the United Nations Charter, adopted by
world leaders in 1945.
Yet millions of women and LGBTI persons around the world continue to experience
discrimination in the enjoyment of civil, cultural, economic, political and social rights.
Moreover, many women, including transgender, gender diverse and intersex women, face
compounded forms of discrimination—due to factors such as their age, race, ethnicity,
disability, or socio-economic status—in addition to gender-based discrimination.
Effectively ensuring full enjoyment of human rights by women, girls, men, boys and people
of diverse gender identities requires, first, a comprehensive understanding of the social
structures, social norms and stereotyping, and power relations that frame not only laws and
politics but also the economy, social dynamics, family life and community life.
Our work on gender equality and the human rights of women and LGBTI persons
UN Human Rights is committed to working with States, national human rights
institutions (NHRIs), civil society, and other stakeholders worldwide to:
 Reform discriminatory laws and policies which allow gender-based discrimination
and bring them in line with the international human rights law;
 Transform discriminatory social norms and harmful gender stereotypes into
more equal social structures and power relations for all genders;
 Eliminate gender-based violence;
 Guarantee theenjoyment of sexual and reproductive health and rights by all;
 Protect and expand the civic space of women human rights defenders and
feminist movements;
 Facilitate equal participation of women, men and people of diverse gender identities
in civil, political, economic, social and cultural life; and
 Ensure gender equality within the UN Human Rights Office and the United
Nations.
The unfinished business of our time
Women and girls represent half of the world’s population and, therefore, also half of its potential.
Gender equality, besides being a fundamental human right, is essential to achieve peaceful
societies, with full human potential and sustainable development. Moreover, it has been shown that
empowering women spurs productivity and economic growth.
Women's rights as a human right
Gender Equality was made part of international human rights law by the Universal Declaration of
Human Rights, which was adopted by the UN General Assembly on 10 December 1948. That
milestone document in the history of human rights recognized that “All human beings are born free
and equal in dignity and rights” and that “everyone is entitled to all the rights and freedoms set
forth in this Declaration, without distinction of any kind, such as race, colour, sex, language,
religion, … birth or other status.”
Birth of Global Feminism
In 1985, the World Conference to Review and Appraise the Achievements of the United Nations
Decade for Women: Equality, Development and Peace, was held in Nairobi. It was convened at a
time when the movement for gender equality had finally gained true global recognition, and 15,000
representatives of non-governmental organizations (NGOs) participated in a parallel NGO Forum.
The event was described by many as “the birth of global feminism”. Realizing that the goals of the
Mexico City Conference had not been adequately met, the 157 participating governments adopted
the Nairobi Forward-looking Strategies to the Year 2000. The document broke new ground by
declaring all issues to be women’s issues.
Feticide and Infanticide and Sex Selective Abortion
Female feticide is the process of finding out the sex of the fetus and undergoing abortion
if it is a girl. Although it is illegal, many people continue to practice it. Besides this, there are
some communities which practice female infanticide - the practice of killing the girl child
once she is born. This fact is highlighted by the findings of census 2001 which show that
there are only 933 women in this country for every 1000 men. Besides this, Census (2011)
data showed a significant declining trend in the Child Sex Ratio (CSR), calculated as number
of girls for every 1000 boys between age group of 0 - 6 years, with an all time low of 918 in
2011 from 976 in 1961. This decline in sex ratio means that we are not just depriving girls of
human rights, we are also depriving them of their right to live.
His practice needs to be stopped as both girls and boys have an equal right to live. In
order to do this, it is necessary to protect their rights by prohibiting practices like dowry,
female unemployment, child marriage and caste discrimination.
What the law says about female Feticide and Female Infanticide
According to certain sections of the Indian Penal Code, forced abortion, causing death of an
unborn child or intentionally preventing a child being born alive are punishable offences.
Besides this, the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act,
considers engaging in sex selective abortion using pre-natal diagnostic techniques as a
punishable offence.
Role of Panchayat members in stopping Female feticide and Female In feticide
Panchayat members should
 give accurate information on the laws pertaining to this issue
 find out where it is being practiced in the village and investigate it immediately
 register all births and deaths under the purview of the panchayat
 raise awareness about gender sensitivity through public education programmes
 prevent female foeticide with assistance from the ANM and local mid-wife.
Sex-selective abortion 
Sex-selective abortion is the practice of terminating a pregnancy based upon the predicted
sex of the infant. The selective abortion of female fetuses is most common where male
children are valued over female children, especially in parts of East Asia and South
Asia (particularly in countries such as People's Republic of China, India and Pakistan), as
well as in the Caucasus, Western Balkans, and to a lesser extent North America.[1][2][3]
 Sex selective abortion was first documented in 1975,[4] and became commonplace by
the late 1980s in South Korea and China and around the same time or slightly later in
India.
 Sex-selective abortion affects the human sex ratio—the relative number of males to
females in a given age group,[5][6] with China and India, the two most populous
countries of the world, having unbalanced gender ratios. Studies and reports focusing
on sex-selective abortion are predominantly statistical; they assume that birth sex ratio
—the overall ratio of boys and girls at birth—for a regional population is an indicator
of sex-selective abortion. This assumption has been questioned by some scholars.[7]
 According to demographic scholarship, the expected birth sex ratio range is 103 to
107 males to 100 females at birth
 Human Sex ratio at birth
Sex-selective abortion
Sex-selective abortion affects the human sex ratio—the relative number of males to females
in a given age group.[5] Studies and reports that discuss sex-selective abortion are based on the
assumption that birth sex ratio—the overall ratio of boys and girls at birth for a regional
population, is an indicator of sex-selective abortion.[7][11]
The natural human sex ratio at birth was estimated, in a 2002 study, to be close to 106 boys to
100 girls.[12] Human sex ratio at birth that is significantly different from 106 is often assumed
to be correlated to the prevalence and scale of sex-selective abortion. Countries considered to
have significant practices of sex-selective abortion are those with birth sex ratios of 108 and
above (selective abortion of females), and 102 and below (selective abortion of males).[8] This
assumption is controversial, and the subject of continuing scientific studies.
High or low human sex ratio implies sex-selective abortion[edit]
One school of scholars suggest that any birth sex ratio of boys to girls that is outside of the
normal 105–107 range, necessarily implies sex-selective abortion. These scholars[13] claim
that both the sex ratio at birth and the population sex ratio are remarkably constant in human
populations. Significant deviations in birth sex ratios from the normal range can only be
explained by manipulation, that is sex-selective abortion.[14]
In a widely cited article,[15] Amartya Sen compared the birth sex ratio in Europe (106) and
United States (105) with those in Asia (107+) and argued that the high sex ratios in East Asia,
West Asia and South Asia may be due to excessive female mortality. Sen pointed to research
that had shown that if men and women receive similar nutritional and medical attention and
good health care then females have better survival rates, and it is the male which is the
genetically fragile sex.[9]
Sen estimated 'missing women' from extra women who would have survived in Asia if it had
the same ratio of women to men as Europe and United States. According to Sen, the high
birth sex ratio over decades, implies a female shortfall of 11% in Asia, or over 100 million
women as missing from the 3 billion combined population of South Asia, West Asia, North
Africa and China
India's 2001 census revealed a national 0–6 age child sex ratio of 108, which increased to 109
according to 2011 census (927 girls per 1000 boys and 919 girls per 1000 boys respectively,
compared to expected normal ratio of 943 girls per 1000 boys).[74][75] The national average
masks the variations in regional numbers according to 2011 census—Haryana's ratio was
120, Punjab's ratio was 118, Jammu & Kashmir was 116, and Gujarat's ratio was 111.[76] The
2011 Census found eastern states of India had birth sex ratios between 103 and 104, lower
than normal.[77] In contrast to decadal nationwide census data, small non-random sample
surveys report higher child sex ratios in India.[78]
The child sex ratio in India shows a regional pattern.
India's 2011 census found that all eastern and southern states of India had a child sex ratio
between 103 and 107,[76] typically considered as the “natural ratio.” The highest sex ratios
were observed in India's northern and northwestern states – Haryana (120), Punjab (118)
and Jammu & Kashmir (116).[79] The western states of Maharashtra and Rajasthan 2011
census found a child sex ratio of 113, Gujarat at 112 and Uttar Pradesh at 111.[79]
The Indian census data suggests there is a positive correlation between abnormal sex ratio
and better socio-economic status and literacy. Urban India has higher child sex ratio than
rural India according to 1991, 2001 and 2011 Census data, implying higher prevalence of sex
selective abortion in urban India. Similarly, child sex ratio greater than 115 boys per 100 girls
is found in regions where the predominant majority is Hindu, Muslim, Sikh or Christian;
furthermore "normal" child sex ratio of 104 to 106 boys per 100 girls are also found in
regions where the predominant majority is Hindu, Muslim, Sikh or Christian. These data
contradict any hypotheses that may suggest that sex selection is an archaic practice which
takes place among uneducated, poor sections or particular religion of the Indian society.
 Physical Assault and Sexual Harassment
 Sexual Assault and Rape
Rape, sexual assault and violence against women are severe human rights violations, yet they
remain widespread around the globe. Although men and boys experience gender-based
violence as well, women around the world are disproportionately affected by sexual violence,
both during peace and wartime. According to the World Health Organization, more than 35
percent of women experience physical and sexual violence throughout their lifetime.
Sexual assault and rape are extremely traumatizing, with life-long repercussions for the
victim’s health and well being. Women who have experienced intimate partner violence are
significantly more likely to have alcohol-use problems, to suffer from depression, or to
acquire HIV and other sexually transmitted diseases. In addition, the prevalence of violence
against women has adverse effects on economic growth and development. Estimates of the
economic costs of gender-based violence in terms of lost productivity as well as increased
health care costs range from 1.2 to 2 percent of GDP, which amounts to as much as many
governments of developing countries spend on primary education.
How We Can Combat Rape And Sexual Violence And Improve Women’s Health And
Well Being
Preventing violence against women, and sexual violence in particular, is crucial for
improving the livelihood and well being of women around the world. Rape and sexual assault
are often reflective of a persisting imbalance in power dynamics between men and women as
well as of cultural and social norms in our societies. To overcome these obstacles:
 Understand The Causes Of Rape And Sexual Violence: To find the right policy strategies
for combating sexual violence and rape, we need to develop a better understanding of its
causes and driving forces. For example, research has shown that rape in wartime settings is
not necessarily deployed as a strategic weapon as usually assumed, but is used as
a mechanism of socialization to strengthen unit cohesion amongst armed groups that recruit
soldiers by force and abduction.
 Provide Education And Life Skills Training For Girls: Engaging girls in adolescent clubs
and providing them with life skills classes on sexuality and reproductive rights can
successfully reduce girls’ self-reported likelihood of being sexually assaulted or raped.
 Create Economic Opportunities For Women: Income-generating activities for women
and conditional cash transfers explicitly targeted to female heads of households can increase
women’s bargaining power within families and significantly decrease intimate partner
violence as well as marital rape.
 Engage Men: Allowing male partners to participate in communication training and problem-
solving workshops can have positive effects on women’s health as well as on relationship
quality. In the case of wartime rape, engaging and involving former perpetrators and
combatants in reconciliation processes can be crucial to sustain peace and create stable and
prospering post-conflict societies.
Sexual Assault is a physical invasion of your body. It can sometimes result in bodily harm or
injury, as well as psychological and emotional trauma. The definition of sexual assault
includes rape, as well as other acts that invade or hurt your body. Other examples of sexual
assault include inappropriate touching, groping, attempted rape, forcing you to perform a
sexual act, or penetrating any part of your body with a part of their body, or with an object.  If
what happened included unwelcome touching of your body, the situation may have involved
sexual assault.
Sexual Harassment ranges from unwanted touching, gesturing, and inappropriate jokes, to
someone promising you a good grade or a promotion in exchange for sexual favors or
requiring sexual favors in order to give you something you deserve or want in a school or
work setting. Sexual harassment does not always have to be “sexual.” It can also look or feel
like teasing, intimidating or offensive comments based on stereotypes (e.g., about how certain
people “are” or should act), or bullying someone based on their sex, gender identity (man,
 woman, trans, intersex, nonbinary, two-spirit) or sexual orientation (queer, bisexual, lesbian,
gay, asexual, pansexual, etc.).  There is no requirement that the sexually harassing person or
persons derive any sexual pleasure from their acts or that they are sexually attracted to their
victims.
In short, sexual harassment is harassment that is sexual, sex-based, or gender-based in the
nature of the harassment itself, regardless of the orientation, gender-identity, sexual interests
or pleasure of the harasser.
Examples of sexual harassment include but are not limited to:
 unwanted repeated requests for sexual favors or dates from a peer
 requests for sexual favors or dates from a teacher to a student in a k-12 setting
 inappropriate or lewd comments said or repeated to you or around you
 inappropriate or lewd comments about someone’s body or appearance
 saying bad things about someone (or about a group of people) based on gender identity or
sexuality
 gender-based or sexuality-based slurs (swear words)
  jokes about sex, or making fun of people generally based on their gender identity or
sexuality (i.e. “all women…” or “bisexual people are…”)

o Note: It can still count as sexual harassment even if the behavior or comment is not aimed at
you specifically. For example, if you are a trans student who hears a group of other students
making offensive jokes or insults about trans people in general, that could still be considered
harassment even if they were not directing those comments to you as an individual.
 unwanted emails, texts, messages, videos, or photos of a sexual nature
 gossip about someone’s personal relationships or sex life
 unwanted touching of any body part, clothing, face, or hair
 staring, leering, or making gestures of a sexual nature
 blocking someone’s way or their movement, especially in a physically threatening or
intimidating way
 inappropriate touching, massaging, kissing, or hugging
  flashing or mooning
 vulgar pictures or pornography, even if those pictures are not of or about you, if they are
shown to you against your will repeatedly or in the context of other harassment.
o Note: pornographic pictures of anybody under the age of 18 is illegal child pornography,
even if the person who took or shared the pictures is also under the age of 18.  If you are
reporting vulgar pictures or pornography, the age of the subject of the pictures or videos can
be an important fact to tell the responsible school party you are reporting to.
Domestic Violence – Violence at Work Place
“Domestic violence and sexual assault walk in the doors of each and every workplace every
day here in the United States,” said Kim Wells, executive director of the Corporate Alliance
to End Partner Violence, a national nonprofit organization based in Bloomington, Ill.
“Domestic violence robs our employees of their dignity and their health, and these issues hide
in darkness until we bring them into the light,”.
One in every four women and one in 10 men will experience domestic violence in their
lifetime, according to the Centers for Disease Control and Prevention (CDC).The Department
of Labor reports that victims of domestic violence lose nearly 8 million days of paid work per
year in the U.S., resulting in a $1.8 billion loss in productivity for employers.
Yet 65 percent of companies don’t have a formal workplace domestic violence prevention
policy, according to research conducted by the Society for Human Resource Management
(SHRM). Only 20 percent offer training on domestic violence, the 2013 survey found.
“Ignorance of the issue is no longer an excuse for employers,” said Janice Santiago, until
recently an employment advocate at Women Helping Battered Women, the largest support
agency for battered women in Vermont. “We really have to work on the workplace culture
around this issue, so employees will not be afraid or embarrassed to tell HR about domestic
violence concerns, and are provided the flexibility to deal with the issue,” she said.
Law enforcement and families do need to address incidents, as well as social services and
educational and health care communities, Newman explained, but employers also have an
important role to play. “Every employer needs to have a policy that addresses the issue of
domestic violence,” she said. And that policy should be comprehensive and apart from a
workplace violence prevention plan or harassment policy, stressed Stephanie Angelo, SPHR,
founder and principal consultant of Human Resource Essential, which provides employers
with
consulting and training on the effects of domestic violence on the workplace.
Newman said the policy needs to address:
 Conduct that occurs off-duty.
 Security concerns.
 Violations of an employment agreement or other condition of employment.
 Non-actionable conduct that nonetheless needs to be addressed because knowledge
regarding the issue is raising concerns or otherwise disrupting the work environment.
Domestic violence policies should highlight the employer’s acknowledgement that domestic
violence happens and may impact the workplace, and that employers will do what they can to
accommodate those experiencing it, said Santiago. “Having a policy in place lets an
employee know that you are aware of the issue and can provide training for the workforce or
direct victims to resources.”
Obstacles to Awareness
HR may be reluctant to dig into employees’ personal lives, but by providing support for
abused employees, HR professionals may be able to prevent workplace tragedies.
“When we think of domestic violence, we typically don’t think about the workplace,” said
Alexandra Donovan, violence prevention coordinator at the Cambridge, Mass., Public Health
Department. But we should, she said, because “domestic violence has no boundaries, and
doesn’t stay at home.”
“Once employers understand that domestic violence can impact their workplace, their next
fear is that they’re not equipped to address the issue. And that’s true, but they’re not expected
to be experts,” said Wells.
“While we want managers and supervisors and co-workers to be trained about domestic
violence and its impact on the workplace, and how to respond and get people to the help they
need, we do not want them to take on a role that should be filled by those professionally
trained to help. Once employers understand this, this actually alleviates much of their concern
about what their role should be, and they get past that obstacle and can move on to crafting a
program.”
Creating Effective Workplace Domestic Violence Programs
As with any companywide initiative, executive buy-in and a comprehensive plan are
essential.
The program’s success will depend on its integration into the company’s culture and business
practices, experts agreed.
The Corporate Alliance to End Partner Violence and the business community developed the
following steps to create an effective program:
Organize a team. It is important that HR does not “go it alone,” here, said Wells. Form a
stakeholder group of representatives from HR, health and medical, legal, security, internal
communications, public or media relations, community outreach, employee assistance
programs (EAPs) and unions. Survey employees on workplace safety, including intimate
partner violence, she added, to get an idea of employee awareness of all safety issues.
Commitment from the uppermost levels of the organization is key to success. Have the CEO
appoint team members to confer legitimacy, Wells suggested.
 “Executives need to know what domestic violence is and what the business case for a
domestic violence program is,” Angelo said.
Develop a compliant policy. Employers have told Santiago they are afraid of being held
liable if they do—or don’t—adopt a domestic violence policy: “They ask what our legal
liabilities are if
Provide training. Employers should train supervisors to recognize and respond to signs of
domestic violence. “Because managers are not in a position to address domestic violence as a
separate issue unless the employee self-discloses the problem, managers should understand
how to appropriately address changes in behavior that is affecting performance,”
Right for Equal Day
Today and every day every woman, man and child can contribute to gender justice in eight
simple ways as shared by the United Nations Entity for Gender Equality and the
Empowerment of Women.
1. Raise your voice
Voice amplifies, directs and changes the conversation. Don’t sit silent in meetings or
conversations with friends when you have something to contribute to the conversation.
2. Support one another
Recognize inherent dignity in oneself and all other human beings through acceptance of
identities different from one’s own.
3. Share the workload
Share the responsibility of creating safe environments for vulnerability to be freely expressed.
4. Get involved
Acknowledge that your actions are crucial to the creation of fairness and accountability.
Identify your commitments. Speak about them, and act on them.
5. Educate the next generation
Listen actively and seek understanding. Share experience and knowledge to grow wisdom.
6. Know your rights
Human rights are women’s rights, and women’s rights are human rights. At their most basic,
human rights concern reciprocity in human relationships that extend to all humanity and
beyond.
7. Join the online conversation
Human beings express their identities and their aspirations through what they say. Join the
IWD Conversation #TimeIsNow and #IWD2018. Social media amplifies women’s voices
and emboldens their collective agency.
8. Give to the cause
It takes time and effort for the gender equality conversation to reach everyone. Consider
giving to the cause by donating money or time.
Women are entitled to safety, inclusion, and fairness, and they will have them. No matter
how ordinary, no matter how different, women confront current realities with tantalizing
possibilities of dignity for all.
Seize the moment. Take Action. Transform lives everywhere. Be there. March. Be the
Change. March 8. The time is now.

Remedial Measures.
1. Legally, for something to be considered sexual assault or harassment, what matters is what
the victim/survivor experienced. It does not matter if the person who did the assaulting or
harassing thinks it was OK, harmless, not sexual, or “welcomed” (they thought you liked it,
wanted it, or didn’t have a problem with it). It counts as sexual assault or harassment if the
behavior made you feel unsafe or uncomfortable, was unwanted, or violated your body.
2. It counts as sexual harassment even if you did not immediately say “stop,” or “no,” or
something else to let the person know that what they were doing or saying was unwanted or
inappropriate. For example, you might laugh at a joke, or accept a hug, because you’re caught
 off guard in the moment, or because you’re worried the person will react badly if you don’t go
along. Or, in the case of sexual assault, you may have been too drunk or inebriated to consent.
This is not your fault.  Nobody deserves to be harmed by another person when incapacitated,
no matter what.
3. You can still experience sexual assault event if you previously consented to sexual activity
with that person, or if you used to date them or sleep with them. Saying “yes” once or even
multiple times does not mean that you said “yes” to other sexual acts. Consent must be
given (and asked for) every time.
4. Most importantly: It is never the victim’s or survivor’s fault. Do not let anyone blame
or shame you.
What are the laws?
Title IX (“Title 9”) of the Education Amendments Act of 1972 makes discrimination based on
gender illegal at schools, colleges, and school programs (including school-affiliated sports
teams, programs, and clubs) and in any education program that receives federal funds (i.e.,
prison diploma programs, construction trade training programs). Sexual assault and sexual
harassment are forms of gender discrimination under this law.
Sometimes schools don’t follow the law. Schools can break the law by mistreating or
ignoring those who report sexual assault or sexual harassment. For example:
 The investigation could be delayed, or could drag on for too long
 The school could ignore or dismiss you
 They could try to get you to drop the complaint
 They could lash out against you for reporting, or make you feel as if it was your fault
 They could tell you they’re not required to investigate your complaint when in fact they
might be, based on what you have learned about your rights.
Rights to Children
Children's rights recognize fundamental guarantees to all human beings: the right to life, the
non-discrimination principle, the right to dignity through the protection of physical and
mental integrity (protection against slavery, torture and bad treatments, etc.)
Etymologically, the term “child” comes from the Latin infans which means ” the one who
does not speak “. For the Roman, this term designates the child from its birth, up to the age of
7 years.
This notion evolved a lot through centuries and cultures to finally designate human being
from birth until adulthood. But this conception of the child was wide and the age of the
majority varied from a culture to another.
The Convention on the Rights of the Child of 1989 defines more precisely the term “child”:
A child is any human being below the age of eighteen years, unless under the law applicable
to the child, majority is attained earlier”
The idea, through this definition and all the texts concerning child welfare, is that the child is
a human being with rights and dignity.
What characterizes the child, is their youth and vulnerability. Indeed, the child is growing,
a future adult, who has no means to protect themself.
So, the child has to be the object of a particular interest and a specific protection. In this
perspective, texts proclaiming the protection of the child and their rights were adopted.
The recognition of the rights of the children
Children’s rights were recognised after the 1st World war, with the adoption of
the Declaration of Geneva, in 1924. The process of recognition of children’s rights continued
thanks to the UN, with the adoption of the Declaration of the Rights of the Child in 1959.
The recognition of the child’s interest and their rights became a reality on 20 November 1989
with the adoption of the International Convention on the Rights of the Child which is the first
international legally binding text recognizing all the fundamental rights of the child.
Children’s rights: human rights
Children’s rights are human rights. They protect the child as a human being. As human rights,
children’s rights are constituted by fundamental guarantees and essential human rights:
 Children’s rights are civil and political rights, such as the right to identity, the right to
a nationality, etc.
 Children’s rights are economic, social and cultural rights, such as the right to
education, the right to a decent standard of living, the right to health, etc.
 Children’s rights include individual rights: the right to live with his or her parents, the
right to education, the right to benefit from protection, etc.
 Children’s rights include collective rights: rights of refugee and disabled children, of
minority children or from autochthonous groups.
Children’s rights: rights adapted to children
Children’s rights are human rights specifically adapted to the child because they take into
account their fragility, specificities and age-appropriate needs.
Children’s rights take into account the necessity of development of the child. The
children thus have the right to live and to develop suitably physically and intellectually.
Children’s rights plan to satisfy the essential needs for good development of the child, such as
the access to an appropriate alimentation, to necessary care, to education, etc.
Children’s rights consider the vulnerable character of the child. They imply the necessity
to protect them. It means to grant particular assistance to them and to provide protection
adapted to their age and to their degree of maturity.
So, the children have to be helped and supported and must be protected against labour
exploitation, kidnapping, and ill-treatment, etc.
Protection of rights
Children's rights are human rights. ... Children's rights recognize fundamental guarantees to
all human beings: the right to life, the non-discrimination principle, the right to dignity
through the protection of physical and mental integrity (protection against slavery, torture and
bad treatments, etc.)
Right to Protection: A child has the right to be protected from neglect, exploitation and
abuse at home, and elsewhere. Right to Participation: A child has a right to participate in
any decision making that involves him/her directly or indirectly.
What Is Child Protection?
UNICEF considers child protection as the prevention of or responding to the incidence of
abuse, exploitation, violence and neglect of children. This includes commercial sexual
exploitation, trafficking, child labour and harmful traditional practices, such as female genital
mutilation/cutting and child marriage. Protection also allows children to have access to their
other rights of survival, development, growth and participation. UNICEF maintains that when
child protection fails or is absent children have a higher risk of death, poor physical and
mental health, HIV/AIDS infection, educational problems, displacement, homelessness,
vagrancy and poor parenting skills later in life.
 According to the Integrated Child Protection Scheme (ICPS) Child Protection is about
keeping children safe from a risk or perceived risk to their lives or childhood. It is about
recognizing that children are vulnerable and hence reducing their vulnerability by protecting
them from harm and harmful situations. Child protection is about ensuring that children have
a security net to depend on, and if they happen to fall through the holes in the system, the
system has the responsibility to provide the child with the necessary care and rehabilitation to
bring them back into the safety net.
CHILD PROTECTION
Prevention Intervention Rehabilitation
Law and Policies Law and Policies
 Processes and Protocols Access and Assistance Law and Policies

Mechanisms and Systems Immediate Relief (SOS Long term care until age 18
attention)

Monitoring Skills and Training

Restoration of rights/Status
Quo
Sensitization and Awareness Punish violators
Building
Statistics On Underprivileged Children In India
There are 444 million children in India under the age of 18 years. This constitutes 37% of the
total population in the country (Census 2011)
Education:
 1 in 4 children of school-going age is out of school in our country – 99 million children in
total have dropped out of school (Census 2011)
 Out of every 100 children, only 32 children finish their school education age-appropriately
(District Information System for Education (DISE) 2014-15)
 Only 2% of the schools offer complete school education from Class 1 to Class 12 (District
Information System for Education (DISE) 2014-15)
Child Labour And Exploitation:
 There are 10.13 million child labourers between 5-14 years in India (Census 2011)
 India has 33 million working children between the ages of 5-18 years. In parts of the country,
more than half the child population is engaged in labour (Census 2011)
 Every 8 minutes, a child goes missing in India – kidnapping and abduction is the largest
crime against children in our country (District Crime Record Bureau (DCRB) 2014)
 Over the last 10 years, crimes against children has increased 5 times over (District Crime
Record Bureau (DCRB) Data Series)
 Fear of failure in examinations in the second highest cause of suicides in children (Accidents
and Suicide Deaths in India (ASDI) 2014)
Health:
 The health indicators of children in India are among the worst in the world – only around half
(54%) of the infants in India are fully immunised. More than half the births in the country
continue to remain home-births (National Family Health Survey (NFHS) 3)
 4 out of 5 children under 3 years of age in the country are anemic (National Family Health
Survey (NFHS) 3)
 3 out of 5 children are malnourished (National Family Health Survey (NFHS) 3)
 Around 8.5 lakh children are estimated to die before their first birthday each year (Census
2011 and Sample Registration System (SRS) 2013)
 Latest NFHS data shows that less than one-third infants receive adequate diet in all states in
the country* (National Family Health Survey (NFHS) 4)
 *Data has been released for 18 states and Union Territories
Girl Child:
 42% of married women in India were married as children (District Information System for
Education (DISE) 3)
 1 in every 3 child brides in the world is a girl in India (UNICEF)
 India has more than 4.5 lakh girls under 15 years of age who are married with children. Out
of these, 70% of the girls have 2 children
Survival rights
Survival rights include a child's right to life and essential needs like nutrition, shelter,
living standards and medical services. (Articles 23 and 24) include access to Medical care,
nutrition, protection from harmful habits (including drugs) and safe working environments
under the right to health
Since the first moment children are born, they have the right to life. They have the right to a
registered name and nationality. They have the right to be cared for and protected by their
parents and not be separated from their families. The government needs to safeguard these
rights and provide basic services for children to survive and thrive. This includes quality
healthcare, age-appropriate nutrition, clean drinking water and a safe place to live as well as
access to future opportunities for development.

Development rights
A child’s development rights include a right to education, play and leisure, access to cultural
activities, information, as well as freedom of thought, conscience and religion. A right to
education is paramount in this regard as it helps children maintain discipline and enhance life
skills while finding a safe and healthy environment to nurture physiological development.
This environment can only be achieved with the inclusion of freedom from violence, abuse or
neglect.
A child today is an adult of tomorrow. Education and development are essential rights. This
should begin with the right to access to early childhood development services and access to
information from various sources with parents responsible for giving guidance. Meanwhile,
children with special needs such as children with disabilities must have equal rights to
development and education that enable them to realize their potential and meaningfully
participate in society. The right to development also includes the opportunity to further
specialized skills and physical and mental abilities that open ways for them to a brighter
future and realize their dream. 
Participation rights
These rights address a child’s freedom to express opinions and speak on matters affecting
their own lives. They also must be free to join associations and assemble peacefully. As they
mature, the children must be permitted to participate in social activities. Children deserve the
right to express their opinion freely without any fear of contempt and have their voices heard
when adults are deciding on their behalf.
Children are members of society. They may be small in size but they fully have the right to
freely express their thoughts, views and opinions, and participate in society particularly in the
areas affecting them. Their voices must be seriously taken into account in line with their age
and maturity.
Every child and youth has unfathomable potentials. While the government has to facilitate
and support the participation of children and youth, everyone also needs to take action to
support children and youth to participate and exercise their agency as they are also the main
driving force in bringing about positive change to society.

How child rights are violated in India – a few examples

1. Harmful ‘traditional’ practices, including early marriage
child marriage dates back to an era with lower life expectancy and hence seemed practical.
Now it is just a part of tradition’ forced upon children, instead of being free to decide when
and whom to marry. Therefore, girls are forced into illiteracy; their future is defined as
homemakers and nothing more.
2. Trafficking of children, particularly for sexual exploitation
NCRB data shows that In India, as much as 1 child disappears every 8 minutes. . India is not
only a centre, but also a transit point for child trafficking, via Nepal and Bangladesh.
3. Violence against children, including sexual violence
Sexual violence is the most largely unreported incidence of violence against children
repressed due to social stigma. 2012 saw 9500 child and adolescent murder cases (WHO
2014, Global Health Estimates), and 1 in 3 adolescent girls experience violence from their
significant others.
Convention on the Rights of the Child: The children's version
1.  Definition of a child
A child is any person under the age of 18.
2. No discrimination
All children have all these rights, no matter who they are, where they live, what language
they speak, what their religion is, what they think, what they look like, if they are a boy or
girl, if they have a disability, if they are rich or poor, and no matter who their parents or
families are or what their parents or families believe or do. No child should be treated
unfairly for any reason.

3. Best interests of the child

When adults make decisions, they should think about how their decisions will affect children.
All   adults should do what is best for children. Governments should make sure children are
protected and looked after by their parents, or by other people when this is needed.
Governments should make sure that people and places responsible for looking after children
are doing a good job. 

4. Making rights real

Governments must do all they can to make sure that every child in their countries can enjoy
all the rights in this Convention.

5. Family guidance as children develop

Governments should let families and communities guide their children so that, as they grow
up, they learn to use their rights in the best way. The more children grow, the less guidance
they will need.

6. Life survival and development

Every child has the right to be alive. Governments must make sure that children survive and
develop in the best possible way.

7. Name and nationality

Children must be registered when they are born and given a name which is officially
recognized by the government. Children must have a nationality (belong to a country).
Whenever possible, children should know their parents and be looked after by them.

8. Identity
Children have the right to their own identity – an official record of who they are which
includes their name, nationality and family relations. No one should take this away from
them, but if this happens, governments must help children to quickly get their identity back.

9. Keeping families together

Children should not be separated from their parents unless they are not being properly looked
after – for example, if a parent hurts or does not take care of a child. Children whose parents
don’t live together should stay in contact with both parents unless this might harm the child. 

10. Contact with parents across countries

If a child lives in a different country than their parents, governments must let the child and
parents travel so that they can stay in contact and be together.
11. Protection from kidnapping
Governments must stop children being taken out of the country when this is against the law –
for example, being kidnapped by someone or held abroad by a parent when the other parent
does not agree.

12. Respect for children's views

Children have the right to give their opinions freely on issues that affect them. Adults should
listen and take children seriously.

13. Sharing thoughts freely

Children have the right to share freely with others what they learn, think and feel, by talking,
drawing, writing or in any other way unless it harms other people.

14. Freedom of thought and religion

Children can choose their own thoughts, opinions and religion, but this should not stop other
people from enjoying their rights. Parents can guide children so that as they grow up, they
learn to properly use this right.

15. Setting up or joining groups

Children can join or set up groups or organisations, and they can meet with others, as long as
this does not harm other people.

16. Protection of privacy
Every child has the right to privacy. The law must protect children’s privacy, family, home,
communications and reputation (or good name) from any attack.

17. Access to information
Children have the right to get information from the Internet, radio, television, newspapers,
books and other sources. Adults should make sure the information they are getting is not
harmful. Governments should encourage the media to share information from lots of different
sources, in languages that all children can understand. 

18. Responsibility of parents
Parents are the main people responsible for bringing up a child. When the child does not have
any parents, another adult will have this responsibility and they are called a “guardian”.
Parents and guardians should always consider what is best for that child. Governments should
help them. Where a child has both parents, both of them should be responsible for bringing
up the child.

19. Protection from violence

Governments must protect children from violence, abuse and being neglected by anyone who
looks after them.

20. Children without families

Every child who cannot be looked after by their own family has the right to be looked after
properly by people who respect the child’s religion, culture, language and other aspects of
their life.
21. Children who are adopted
When children are adopted, the most important thing is to do what is best for them. If a child
cannot be properly looked after in their own country – for example by living with another
family – then they might be adopted in another country.
22. Refugee children
Children who move from their home country to another country as refugees (because it was
not safe for them to stay there) should get help and protection and have the same rights as
children born in that country.
23. Children with disabilities
Every child with a disability should enjoy the best possible life in society. Governments
should remove all obstacles for children with disabilities to become independent and to
participate actively in the community.
24. Health, water, food, environment
Children have the right to the best health care possible, clean water to drink, healthy food and
a clean and safe environment to live in. All adults and children should have information about
how to stay safe and healthy.
25. Review of a child's placement
Every child who has been placed somewhere away from home - for their care, protection or
health – should have their situation checked regularly to see if everything is going well and if
this is still the best place for the child to be.
26. Social and economic help
Governments should provide money or other support to help children from poor families.
27. Food, clothing, a safe home
Children have the right to food, clothing and a safe place to live so they can develop in the
best possible way. The government should help families and children who cannot afford this.
28. Access to education
Every child has the right to an education. Primary education should be free. Secondary and
higher education should be available to every child. Children should be encouraged to go to
school to the highest level possible. Discipline in schools should respect children’s rights and
never use violence.
29. Aims of education
Children’s education should help them fully develop their personalities, talents and abilities.
It should teach them to understand their own rights, and to respect other people’s rights,
cultures and differences. It should help them to live peacefully and protect the environment.
30. Minority culture, language and religion
Children have the right to use their own language, culture and religion - even if these are not
shared by most people in the country where they live.
31. Rest, play, culture, arts
Every child has the right to rest, relax, play and to take part in cultural and creative activities.
32. Protection from harmful work
Children have the right to be protected from doing work that is dangerous or bad for their
education, health or development. If children work, they have the right to be safe and paid
fairly.

33. Protection from harmful drugs

Governments must protect children from taking, making, carrying or selling harmful drugs.
34. Protection from sexual abuse
The government should protect children from sexual exploitation (being taken advantage of)
and sexual abuse, including by people forcing children to have sex for money, or making
sexual pictures or films of them.
35. Prevention of sale and trafficking
Governments must make sure that children are not kidnapped or sold, or taken to other
countries or places to be exploited (taken advantage of).
36. Protection from exploitation
Children have the right to be protected from all other kinds of exploitation (being taken
advantage of), even if these are not specifically mentioned in this Convention.
37. Children in detention
Children who are accused of breaking the law should not be killed, tortured, treated cruelly,
put in prison forever, or put in prison with adults. Prison should always be the last choice and
only for the shortest possible time. Children in prison should have legal help and be able to
stay in contact with their family.
38. Protection in war
Children have the right to be protected during war. No child under 15 can join the army or
take part in war.
39. Recovery and reintegration
Children have the right to get help if they have been hurt, neglected, treated badly or affected
by war, so they can get back their health and dignity.
40. Children who break the law
Children accused of breaking the law have the right to legal help and fair treatment. There
should be lots of solutions to help these children become good members of their
communities. Prison should only be the last choice.
41. Best law for children applies
If the laws of a country protect children’s rights better than this Convention, then those laws
should be used.
42. Everyone must know children's rights
Governments should actively tell children and adults about this Convention so that everyone
knows about children’s rights. 
MULTIPLE CHOICE QUESTIONS
1. What does the UNCRC stand for?
a) United Nations Convention on the Rights of Children
b) United Nations Congress on the Rights of the Child
c) United Nations Convention on the Rights of the Child
d) United Nations Convention on the Rights of all Children
Correct answer c)
2. How many articles are in the UNCRC?
a) 54
b) 44
c) 42
d) 34
Correct answer: a)

3. What age range does the UNCRC cover?

a) 0-16
b) 3-25
c) 0-18
d) 3-18
Correct answer: c)
4. When was the UNCRC created?
a) 1989
b) 1990
c) 1988
d) 1991
 Correct answer: a)
5. How much did a loaf of white bread cost when the UNCRC was created? (Source:ONS)
a) £ 1
b) 28p
c) 49p
d) 56p
Correct answer: c)
6. When did the UK ratify the UNCRC?
a) 1989
b) 1991
c) 1995
d) 1998
Correct answer: b)
7. How much was a pint of milk when the UK ratified the UNCRC? (Source:ONS)
a) 50p
b) 19p
c) 24p
d) 32p
Correct answer: d)
8. Which country in the UK was the first to pass children's rights in to law?
a) Wales
b) Scotland
c) Northern Ireland
d) England
Correct answer: a)
9. What is the name of the Children's Commissioner for Wales?
a) Sarah Holland
b) Sally Holland
c) Barry Holland
d) Terry Holland
Correct answer: b)
10. Which of these is not a right under the UNCRC?
a) A right to be safe
b) A right to have your say and be listened to
c) A right to food and water
d) A right to join the army even if you're under 15
Correct answer: d)
11. Which is the only nation not to have signed up to the UNCRC?
a) Somalia
b) Eritrea
c) USA
d) France
Correct answer: c)
[Link] 26th is celebrated as Women's Equality Day to commemorate
a. the work women did during the Second World War
b. the anniversary of women winning the right to vote
c. the flappers of the 1920's
d. the contemporary women's rights movement
Correct answer: b)
13. In what year did Congresswoman Bella Abzug introduce legislation to ensure that this
important American anniversary would be celebrated?
 a. 1992
b. 1984
c. 1971
d. 1965
Correct answer:c)
14. In what year did women in the United States win the right to vote?
a. 1776
b. 1848
c. 1920
d. 1946
Correct answer:c)

15.  How many years did it take for women to win the right to vote in the United States?
a. 72 years
b. 120 years
c. 20 years
d. 51 years
Correct answer:a) (from the first Women's Rights Convention in 1848 to 1920)
16. Women in most of the western states won the right to vote years before the Federal
Amendment was secured. 2010 is the 100th anniversary of women in Washington State
winning the vote. California will celebrate the 100th anniversary of women winning he vote
in 2011. Oregon will celebrate the 100th anniversary in 2012. What other state will celebrate
the 100th anniversary of women in this state winning the right to vote in 2012?
a. New York
b. Florida
c. Maine
d. Arizona
Correct answer:d)
17. What was the name given to the 19th Amendment to the Constitution which
guaranteed women's right to vote in the United States.
a. Abigail Adams Amendment
b. Sojourner Truth Amendment
c. Susan B. Anthony Amendment
d. Gloria Steinem Amendment
Correct answer:c)

18. Women who worked for women's right to vote were called
a. radical
b. immoral
c. suffragist
d. all of the above
Correct answer:d)
19. The term suffragist is derived from
a. one who suffers
b. a voting tablet in ancient times
c. the Constitution
d. the Bill of Rights
Correct answer:b)
20. How many other countries had already guaranteed women's right to vote before the
campaign was won in the United States?
a. 6
b. 2
c. 1
d. 16
Correct answer: d (New Zealand (1893), Australia (1902), Finland (1906), Norway
(1913), Denmark (1915), USSR (1917), Canada (1918), Germany (1918), Poland (1918),
Austria (1919), Belgium (1919), Great Britain (1919), Ireland (1919), Luxembourg
(1919), the Netherlands (1919), Sweden (1919)
21. What was the first country that granted women the right to vote?
a. Canada
b. Germany
c. New Zealand
d. United Kingdom
Correct answer:c (1893)
Five marks questions:
1. Relationship between women's suffrage movement and the labour movement?
2. Do you think that the current feminist revolts fulfill their advocacy role on women's
rights and social awareness?
3. What is the current status of gender equality in the field of museums worldwide?
4. What do you think about the liberation of women in social life?
5. What are trending research gaps in the Sexual Reproductive Health and Right of
youth in developing countries?
6. What barriers women faces in developing careers across their working live?
7. Is there high intensity of domestic violence against women?
8. What impact has CEDAW made on the empowerment of rural women? The
Convention on the Elimination of all forms of Discrimination Against Women
(CEDAW),
9. Are the women giving competition in education sector? What is your opinion?
10. What is the Convention on the Rights of the Child? ...
11. How was it decided what should go into the Convention on the Rights of the Child? ...
12. How does the Convention on the Rights of the Child protect children's rights?
13. How is the Convention on the Rights of the Child special?
14. How many countries have ratified the Convention on the Rights of the Child?
15. What is quality of children rights?
Ten marks questions
 1. Breiefly explain Spiritual Feminism.
2. Explain researching sexual liberation and women's oppression.
3. Explain international guidelines and policies on the recognition of customary
marriages
4. Factors that impact self esteem of women.
5. Explain kind of research on women's intimate relationships.
6. Explain suggest theoretical perspectives or concepts of Child marriage
7. Explain the vision of the child in the Convention on the Rights of the Child
8. Explain Convention’s guiding principles.
9. Explain about the international community monitor and support progress on the
implementation of the Convention.
[Link] the steps do the Convention on the Rights of the Child and the Committee on
the Rights of the Child encourage governments to undertake.
Unit- IV: Multi-Dimensional aspects of Human Rights

Labour rights – Bonded labour – Child labour – Migrant Labour – Domestic Women labour –Gender
Equity – Rights of Ethnic refugees – Problems and remedies – Role of trade union in protecting the
unorganized labourers.
Labour Rights

The right to work affects the degree of enjoyment of many other rights such as the right to education,
health and culture. Its realisation is not only important for the provision of income to the individual,
but also for the individual’s personal development and dignity, as well as for peaceful progress of
society. On the other hand, the right to work intrinsically creates a degree of dependency of the
employed on his employer. As such, it could create a relationship of inequality. To protect the
employed and to make a more level playing field, the right to strike and the right to associate are
guaranteed, as well as the right to organise and to bargain collectively. Closely linked to the rights
relating to work, are the rights related to social security.

■ The freedom of association;

■ The right to collective bargaining;

■ Contract regulation: whether it is written or not, fixed-term duration or not, full time or not,
with a probation period or not, suspension and breach of contract, etc.;

■ Rules relating to working hours, bank holidays, annual leave etc.;

■ Protection of the salary;

■ Rules relating to health and safety at work;

■ Maternity protection;

■ Combination of work and family life; and

■ The right to life-long learning; etc.

The sources of labour rights

Considering the importance of these labour rights to ensure a decent and dignified life
for the worker, it is of course necessary to know the sources of these rights. Before we focus on the
international and national sources of these rights, we take a brief look at the historical origins of
labour rights.

The origin of labour rights

Industrialisation in the 19th century was a turning point in recent history; this industrialisation saw the
emergence of entrepreneurs on the one hand and a working class on the other. The former wanted to
produce goods, so they built factories and went in search of a workforce. The working class, in search
of an income to support their family, came to offer their labour at the doors of the factory.

It soon became clear that the principle of individual liberty particularly favoured the
entrepreneur: the supply of labour was enormous, so he had the liberty to unilaterally define work
conditions which were therefore often appalling.

In order to change this unequal bargaining relationship, the working class needed a kind of
collective liberty, a freedom which would allow them to join together in order to defend and assert
their labour rights from their employers.

This idea of the “freedom of association” was at the origin of the emergence of the first
workers’ organisations, which wanted to change the social conditions of the working class. At first,
the “change” they brought about remained limited, considering the power of the economic elite who
often held not only the economic, but also the political power.

Importance of Labour rights

[Link] Classification of Workers

Independent contractors people who work for themselves and who control the
time and method of their work are not covered by most labor laws, and employers do not have to pay
payroll taxes on independent contractors. The Fair Labor Standards Act prevents employers from
improperly classifying employees as independent contractors in an attempt to save money. This
prohibition ensures that employees are not overburdened with taxes, that employers pay into worker's
compensation insurance where required and that employees are eligible for minimum wage.

[Link] Protection from the Workforce

The federal Fair Labor Standards Act prohibits employment of children under the age of
14, unless they work in a parent's business. The law also regulates the hours children between 14 and
16 can work and prohibits dangerous occupations for all children under 18. The documentation
requirements of the FLSA can help you avoid inadvertently running afoul of child labor laws.

[Link] Importance of Labor Law and Wages

The FLSA establishes a federal minimum wage $7.25 an hour as of 2018. Employers
cannot pay their employees less than this hourly wage, but employees under 20 can be paid the youth
minimum wage of $4.25 per hour during their first 90 days of employment. The federal minimum
wage can provide you guidance about how to pay your employees; even employees who make more
than minimum wage often use minimum wage as a guideline for fair pay.

[Link] Protections and Laws

Several labor laws offer protections that guard against unfair treatment and unsafe
working conditions. Your business, for example, must take reasonable safety precautions. If you work
in certain hazardous industries, such as construction or coal mining, you'll be subject to additional
regulations and oversight to ensure your employees remain safe. The Department of Labor's
Whistleblower Protection Program prohibits employers from retaliating against employees who report
workplace safety problems and other legal violations, and also bars employers from terminating
employees who sue them or file complaints with government agencies.

[Link] Hours and Compensation

Prior to the FLSA, employers could force employees to work extended hours with little
compensation. The FLSA, however, mandates that most employees who work in excess of 40 hours in
a given work week are compensated at time-and-a-half. Employers must also keep records of
employee hours and have a reliable way of tracking when and how long employees work. This
statutory requirement can make it much easier to manage employee scheduling and to avoid breaking
the FLSA.

[Link] Prevention and Workers' Rights

Discrimination laws are primarily products of the Civil Rights Act of 1964. While these laws aren't
overseen by the U.S. Department of Labor, they do affect your relationships with your employees.
Your business can't discriminate based on sex, age, religion, disability, race or ethnicity, and can't pay
members of protected groups different salaries or hourly wages.

BONDED LABOUR

Bonded labor, also known as debt bondage and peonage, happens when people give
themselves into slavery as security against a loan or when they inherit a debt from a relative. It can be
made to look like an employment agreement but one where the worker starts with a debt to repay –
usually in brutal conditions – only to find that repayment of the loan is impossible. Then, their
enslavement becomes permanent.

Bonded labor is designed to exploit workers. The cyclical process begins with a debt,
whether acquired or inherited, that cannot be paid immediately. Then, while the worker labors to
repay the debt, the employer continues to add on additional expenses. For instance, a laborer may
begin with an initial debt of $200. While working and unable to leave, this worker needs a shelter,
food and water. The employer tacks on $25 per day to the debt to cover those expenses.
Consequently, the employee only grows his debt while continuing to labor for his debtor, and
repayment is impossible.

Characteristics of the Bonded Labour

System One of the principal characteristics of the bonded labor system is the existence of
creditor-debtor relationship and the loss of freedom; loss of freedom may be of different forms such
as: (Bonded Labor, 2010).

1.. Loss of freedom for employment or alternative employment opportunities in order to earn a decent
livelihood.

2. Loss of freedom to earn minimum wage regarding a planned employment as notified by the
Government.

3. Loss of freedom to migrate from one part of the country to another.

4. Loss of freedom to sell any products in the market or even the labor of any of his family member
dependent upon him.

Different Forms of bonded labour

The prevalence of bonded labour is in different forms and these formsare based on the type of
occupations and the practice that is prevails in the based on the regions (Reddy, 1995pg 35).
[Link] bondage:
The debt bondage is the common forms in the bonded labour system. The proprietors use
debts to extract the work from the debtor who is under the burden repay the debt that he received
[Link] Bondage:
In this form, the debtor has to work for the proprietors during certain months in the year. Rest of the
months, he is free to work in some other place. When the season comes, the debtor has no choice
other than returning back to the facility.

[Link] Bondage:
In this type of bondage, the father work for his debt, when he week due to old age, then his
son/ daughter has to work behalf of him to repay the debt that he received from the creditor.
[Link] Bondage:
Children are forced to work for the debt that is received by the parent. When the parent receives the
money from the proprietor, he also includes the children. In this case, the children are restricted to go
to school and free to leave any where outside of the facility.

[Link] bonded labour prevalence industries:

The Supreme Court commission listed that the following industries are in which the prevalence of
bonded labour is found. Agriculture, Quarrying, Gem Cutting, Beedi, Silk Weaving, Handloom
Weaving, Power Loom Weaving, Mat weaving, Plantation (Speciåcally Tea and Cardamom),
ýoriculture, cotton rope making, åshing, silk twisting, dyeing, wood cutting, salt pans, rice mills, brick
kilns, åreworks and Match works.

[Link] labour cycle:

Siddharth Kara, the author of bonded labour and Tackling the system of bondage 2012, clearly
mentioned the cycle of bonded labour system and how it victimize the economically deprived
communities.
Child Labour

Child" as defined by the child labour (prohibition and regulation) Act 1986 is a person who has
not completed the age of 14 years .As a layman we can understand that Child labour is the practice of
having children engage in economic activity, on a part or full time basis. Every child is considered as
a gift of god, it must be nurtured with care and affection with in the family and society. But
unfortunately due to the socio economic problems children were forced to work in industries, leather
factories, hotels and eatery.

The child labour is not an isolated phenomenon it is coupled with socio economic problem of
the society so in order to eliminate child labour first we should focus on socio economic issues of the
society. It is in the hands of administrative .It should bring effective measures to eliminate child
labour.

Role of child labour

 Generate awareness about the ill-effects of child labour,

 Encourage parents to send their children to school
 Create an environment where children stop working and get enrolled in schools instead
 Ensure that children have sufficient facilities available in schools
 Inform industry owners about the laws prohibiting child labour and the penalties for violating
these laws
 Activate Balwadis and Aanganwadis in the village so that working mothers do not leave the
responsibility of younger children on their older siblings
 Motivate Village Education Committees (VECs) to improve the conditions of schools.

"Causes of Child Labour:

[Link]

Poverty is one of the main causes of child labour. In developing countries poverty is one of
the major drawback and the children were considered as helping hand to feed their families, to support
their families and to support themselves .Due to poverty, illiteracy and unemployment parents are
unable to send them to schools, instead the children were asked to help them in running a family so
that the poor parents send their children for work in inhuman conditions at lower wages.

[Link]:

The poor economic conditions of people in India force them to borrow money. The illiterate
seek debt from money lenders during emergency situation .At later point of time they find themselves
difficult in paying back the debts and interest, as a result the debtors were made to work for money
lenders and then debtors drag their children too in assisting them so that the debts could be paid off.
[Link] Needs:

There are some industries such as the bangle making industry, where delicate hands and
little fingers are needed to do very minute work with extreme excellence and precision. An adults
hands are usually not so delicate and small, so they require children to work for them and do such a
dangerous work with glass. This often resulted in eye accidents of the children.

[Link] labour:

Children often work for long hours in the sun and they are deprived of water, food. These
children are seldom paid. Bonded labour further adds to the large scale increase in child labour.

[Link] help:

Small children often work for educated families and irrespective of several laws that violate
the employment of children, they often welcome small children so that these children can take care of
their homes as well as their children.

[Link] begging:

Families who can’t support themselves force their children to beg on the roads in subhuman
conditions. They get their children maimed in order to get more money from the people.

Types of child labour in India

There is an increasing involvement of children in home-based work and in the informal sector.
Children are involved in the domestic, manual, agricultural sector, in hazardous factories, rag-picking,
beedi-rolling, matchbox, brick kilns etc.

[Link]

Slavery is when one person works for another person. Slaves don’t have the power to demand
anything. They have to work according to the commands of their master.

[Link] Trafficking:

Buying and selling of children either for labour or for sexual exploitation.

[Link] Bondage:

When people cannot pay off their loans with their money and belongings they are often
forced to work as a labour.

[Link]:

When a person works on land that belongs to another person, it is known as serfdom. The
labour will either be provided with some pay or no pay will be given.

[Link] Labour:

When a child works against his/her will then it is termed as forced labour.

[Link]:

When poor parents don’t have any other way to earn a living they often beg on roads. They
also cut their child’s body part in order to gain sympathy and to get more money. Small children are
seen on red lights asking for money for their treatments.
Effects of child labour

Child labour is not something that needs recognition, in fact, if there is an increase in
child labour then it shows that the country has failed in providing basic necessities to its citizens,
especially children. In such cases, the effects of childhood are only negative. It not only deprives a
child of a proper childhood but also make them the victim of physical or mental torture.

The child becomes emotionally and mentally mature at an early age which is not a good
sign. It does not create but also extends poverty as the child is not able to get basic education and he
earns very less amount of money due to this, for his/her family. The child is also paid less. Other
effects of child labour are:

 Children might suffer from malnutrition, drug dependency and depression.

 It might endangers children dignity and morals.
 Children may be employed forcefully and they may be sexually exploited.
 They might become victims of sexual and physical violence.
Migrant Labour

migrant labour, casual and unskilled workers who move about systematically from one region to
another offering their services on a temporary, usually seasonal, basis. Migrant labour in various
forms is found in South Africa, the Middle East, western Europe, North America, and India.

Advantage of migrant labour

[Link] skills gaps -

fulfiling existing contracts and taking on more work through new skills and talent.

[Link] sharing

increasing access to international knowledge and supporting the upskilling of co-workers.

[Link] into new markets

strengthening contacts in international markets and local networks through new language
skills and cultural awareness.

[Link] from different cultures

creating a more diverse workforce with varied experience and ways of working.

Disadvantage of migrant labour

1. It breeds social vices

When people who lack skill or employment migrate to another region, in a bid to survive, some
of them get involved with some social vives like crime and armed robbery at the receiving region.

2. It increases the high cost of living in the receiving region

Because there are more persons in the receiving regions, the cost of living gets
horrendously high, leading to lack and poverty.

3. It leads to pressure on social amenities at the receiving region

Although migration relieves the source region of the pressure on social amenities, the
pressure is usually transferred to the receiving region.

4. It leads to the loss of able-bodied men and youth in the source region
 When people who are supposed to constitute the workforce of the source region
leave for another region, the work is reduced and soon the source region begins to face problems of
lack of manpower.

Types of migrant labour:

[Link] Migrants:

Internal Migrants in India constitute a large population of 309 million internal migrants or 30 percent
of the population (Census of India 2001).When a person is enumerated in the census at a different
place than his / her place of birth, she/he is considered a migrant.

[Link] Migration:

Out of the total internal migrants, 70.7 percent are women (Census of India 2001) and
marriage is one of the major reasons for female migration in both the rural and urban areas.

[Link] Migration:

Migration for employment-related reasons is one of the prominent reasons for male migration
in both rural and urban areas.

[Link] Sectors:

Migrants are mostly employed in subsectors like construction, domestic work, textile, brick-
kilns, transportation, mines, quarries, and agriculture.

[Link]:

Rates of urbanization influence rural-urban wage differences and an increase in the demand
for labor in urban areas can push up urban wages and increase migration.

[Link] Migration

External migration in India can broadly be classified as:

i. Emigration :

Emigration from India to various parts of the world.

ii. Immigration

Immigration of people from different countries to India.

[Link] Migration

There had also been a significant trend of an involuntary or forced immigration to

India in the form of refugees.

Causes of migrant labour :

[Link]:

Basic reasons for intrastate, interstate (migration from rural to urban areas, urban to
urban areas) and external migration can be attributed to the search for better employment in
industries, trade, transport, and services.

[Link]:

Due to the lack of educational facilities at their place of residence, people migrate to urban
areas in case of internal migration and other countries in the case of international migration for better
academic opportunities. By 2020, India will become the world’s largest pool of young people, in
contrast, there is a lack of opportunities for employment in India, this leads to the emigration of
qualified people.

[Link] of security:

Political disturbances and inter-ethnic conflicts are also one of the reasons for internal and
external [Link] can also be forced displacement due to reasons like wars, and internal
political instability.

[Link]:

Marriage is one important social factor for internal migration and in case of intra-state
migrants majority of the migration is from one rural area to another, due to marriage in the case of
females.

[Link] and Disaster-Induced Factors:

There are migrants who are forced to move from rural to urban areas or from one
country to another as a result of an environmental disaster in the form of drought, floods, heatwaves
etc, that might have destroyed their homes and farms.

DOMESTIC WOMEN LABOUR

There has been a significant increase in the number of women workers in recent times. The newly
imposed role for women workers in the informal economy of India throws up several questions. The
strong preference for nuclear families has resulted in a demand for domestic workers in the country.
The women domestic workers are not adequately educated and organized through meaningful
unionization. The issues and concerns of women domestic workers in India are examined in this
article which is based on qualitative research methodology.

CONCEPT OF DOMESTIC WOMEN LABOUR

 Domestic work is one of the oldest and most important informal occupations for millions of
women around the world.
 Women have limited options and enter the domain of domestic work in the absence of
education, economic resources and other opportunities.
 The term ‘domestic service’ is practically difficult to define since the duties of domestic
workers are not well defined.
 Domestic service is now accepted as an important category of livelihood across the globe.
Domestic service remains a highly personalized and informal service delivered in the homes
of employers
 . In domestic service, work cannot be subjected to any comparative tests, since it has the
character almost unique in wage paid industry.

Challenges associated with domestic workers in India

 Domestic worker is a person who is employed in any household on a temporary or permanent

basis to do the household work.
 In the decade after liberalisation, there was a nearly 120% rise in the number of domestic
workers in India.
 Women constitute over two-thirds of the workforce in this unorganised sector.
 According to estimates by the International Labour Organisation (ILO), there are at least four
million domestic servants in India.
 Domestic work as an economic activity is too vast and employs too many to remain
unregulated. Though the 2011 NSSO data put the number of domestic workers at 3.9 million,
trade unions estimate the number to be around 10 million.
  Most of these are from vulnerable communities Adivasis, Dalits or landless [Link] all
of them are migrant workers. And an overwhelming number are women.

Issues faced by a domestic worker in India

[Link] pay and long working hours

Gulnaz works hard for 10-12 hrs a day but gets paid just Rs. 10,000 since she is
“untrained” as per her employer. She will receive a pay rise of only about 5% next year.

[Link] job training

Gulnaz used to do all her own household work but has no idea about how to operate
modern household appliances. Microwave, mixer, washing machine, television. All these are alien
concepts to her. Her employer, rather than training her properly, just explained things once.
Obviously, she couldn’t understand the instructions properly and still struggles to follow complex
instructions. Consequently, the employer calls her dumb, untrained, useless, etc. while continuing to
employ her.

[Link] regular or fixed work schedule

Gulnaz does not have a fixed schedule for her work and has no rest times; she can be
asked to do any work at any time. Ad hoc requests come in all the time, like making snacks for guests,
taking the child to the park, polishing the shoes, or messaging “Madam’s feet”. But, at the end of the
day, she has to complete all her daily chores, even if it means staying back after her shift.

GENDER EQUITY

Girls and boys see gender inequality in their homes and communities every day – in textbooks, in the
media and among the adults who care for them.

Parents may assume unequal responsibility for household work, with mothers bearing the brunt of
caregiving and chores. The majority of low-skilled and underpaid community health workers who
attend to children are also women, with limited opportunity for professional growth.

benefits of gender equality

[Link] benefits from gender equality.

Gender equality helps prevent violence against women and girls and makes our communities safer
and healthier. It is a human right and it is good for the economy.

[Link] equality prevents violence against women and girls

Gender inequality is a root cause of violence against women. The four main drivers of violence
against women are:

[Link] violence against women

[Link]’s control of decision-making and limits to women’s independence

iii. rigid gender roles and stereotypes

iv. male relationships that emphasise aggression and disrespect towards women.

The best way to prevent violence against women is to promote gender equality.

[Link] equality is good for the economy

Every day that we fail to deliver gender equality, we pay the price.

i. Australia’s GDP would increase by 11% if the gender employment gap was closed.

ii. The Australian economy would gain $8 billion if women transitioned from tertiary
education into the workforce at the same rate as men.

[Link] with at least 30% women in leadership positions are 15% more profitable.

iv. Family violence costs the Victorian economy more than $3.4 billion a year and takes
up 40% of police work.

[Link] do most unpaid care work. This has major costs - the unpaid care economy in
Australia is nearly six times larger than the paid economy

[Link] equality is a human right

Australia has committed to equal rights for men and women through Convention on the Elimination
of all Forms of Discrimination Against Women - An international treaty of the United Nations that
monitors and seeks to improve the situation of women.

[Link] equality makes our communities safer and healthier

Unequal societies are less cohesive. They have higher rates of anti-social behaviour and violence.
Countries with greater gender equality are more connected. Their people are healthier and have better
wellbeing.

promote gender equality in daily life

[Link] household chores and childcare equally

Household chores and children’s care are every adult’s responsibility. Ask yourself if
there is an equal division of labor in your home. The work of caring for children is still done mainly
by women in much of the world. A report released by the UN in 2015 points out that women from
developing countries do over three hours more of daily unpaid work (household chores and childcare)
than men, while in developed countries, they do, on average, two hours more.

[Link] for signs of domestic violence

Get some help and support if you know a friend or acquaintance is suffering from domestic
violence or other abuse. This type of violence is not restricted to physical aggression. Verbal attacks
(curses and threats) and psychological abuse (controlling, manipulative and intimidating behavior)
also affect women. Often, all these things occur together. If you experience domestic violence, be
aware that you are not alone. Report it!

[Link] mothers and parents

Those responsible for children and teens need support in every society. Offering the bus
seat to a pregnant woman, advocating the installation of children’s changing rooms in all bathrooms
in shopping centers (not only in the women’s facilities) and asking that companies guarantee
maternity and paternity leave are all necessary actions. The latest UN data, released in 2015, shows
that only 53 percent of countries offer at least 14 weeks of maternity leave. Even worse, only 48
percent of countries offer any paternity leave.

[Link] chauvinist and racist attitudes

Do not make comments that ridicule, demean or humiliate women, black people,
indigenous people, members of the LGBTQI community or any other historically marginalized
groups. And don’t keep quiet if you hear such comments. Talk to your colleagues, friends and family
frankly and tell them to stop with the chauvinist, racist, homophobic and transphobic insults.
[Link] women gain power

According to 2017 data from UN Women, only 17 countries have female heads of state
and/or government. The overall average of women in legislative bodies is only 23.4 percent. Find out
who the female candidates are, especially women from underrepresented communities.

[Link] and reflect

One of the main obstacles to eliminating prejudice is that people have difficulty
recognizing that it really exists. Research has already proven that we all reproduce stereotypes and
pre-existing notions on many topics, including gender and race. “The brain and behavioral sciences
have learned a lot about our unconscious biases. We all have them, based on race, religion, sexual
orientation and gender. The important thing is to be aware of our sexist assumptions and challenge
them,” explains Lise Eliot, a neuroscience professor at the Chicago Medical School of Rosalind
Franklin University of Medicine and Science.

[Link] diversity

Value, stimulate and hire diverse teams. A study by the Boston Consulting Group and
involving 1,700 companies from eight countries showed that the more diverse the workforce, the
better the company’s performance on measures related to innovation. Even small changes yielded
results. The survey indicated that an increase of only 2.5 percent of women in a team of managers can
increase innovation revenues by 1 percent.

[Link] (and demand) the same salary for equal work

For every dollar a man receives, women earns an average of 70-90 cents, according to UN
data. Therefore, it is important to observe and support companies that pay the same salary, benefits
and bonuses to employees with equivalent positions.

Causes of Gender equality

1. Uneven access to education

Around the world, women still have less access to education than men. ¼ of young
women between 15-24 will not finish primary school. That group makes up 58% of the people not
completing that basic education. Of all the illiterate people in the world, ⅔ are women. When girls are
not educated on the same level as boys, it has a huge effect on their future and the kinds of
opportunities they’ll get.

2. Lack of employment equality

Only 6 countries in the world give women the same legal work rights as men. In fact,
most economies give women only ¾ the rights of men. Studies show that if employment became a
more even playing field, it has a positive domino effect on other areas prone to gender inequality.

3. Job segregation

One of the causes for gender inequality within employment is the division of jobs. In
most societies, there’s an inherent belief that men are simply better equipped to handle certain jobs.
Most of the time, those are the jobs that pay the best. This discrimination results in lower income for
women. Women also take on the primary responsibility for unpaid labor, so even as they participate in
the paid workforce, they have extra work that never gets recognized financially.

4. Lack of legal protections

According to research from the World Bank, over one billion women don’t have legal
protection against domestic sexual violence or domestic economic violence. Both have a significant
impact on women’s ability to thrive and live in freedom. In many countries, there’s also a lack of
legal protections against harassment in the workplace, at school, and in public. These places become
unsafe and without protection, women frequently have to make decisions that compromise and limit
their goals.

5. Lack of bodily autonomy

Many women around the world do not have authority over their own bodies or when they
become parents. Accessing birth control is frequently very difficult. According to the World Health
Organization, over 200 million women who don’t want to get pregnant are not using contraception.
There are various reasons for this such as a lack of options, limited access, and cultural/religious
opposition. On a global scale, about 40% of pregnancies are not planned and while 50% of them do
end in abortion, 38% result in births. These mothers often become financially dependent on another
person or the state, losing their freedom.

6. Poor medical care

In addition to limited access to contraception, women overall receive lower-quality

medical care than men. This is linked to other gender inequality reasons such as a lack of education
and job opportunities, which results in more women being in poverty. They are less likely to be able
to afford good healthcare. There’s also been less research into diseases that affect women more than
men, such as autoimmune disorders and chronic pain conditions. Many women also experience
discrimination and dismissal from their doctors, broadening the gender gap in healthcare quality.

Rights of Ethnic refugees

[Link] to Protection Against Refoulement

When a person is compelled to flee his country of origin or nationality his immediate
concern is protection against refoulement. Such protection is necessary and at times, the only means
of preventing further human rights violations. As his forcible return to a country where he or she has
reason to fear persecution may endanger his life, security and integrity, the international community
has recognised the principle of non-refoulement,[8] which prohibits both rejection of a refugee at the
frontier and expulsion after entry.

[Link] to Seek Asylum

Once a person fleeing persecution enters a state other than that of his origin or
nationality, what he needs most is asylum. “Asylum is the protection which a State grants on its
territory or in some other place under the control of certain of its organs, to a person who comes to
seek it

[Link] to Equality and Non-Discrimination

A refugee is entitled to be treated with humanity by the state of asylum. The

obligations of the State of refuge on this count are derived from the rules and principles, which enjoin
respect and protection of fundamental human rights, general international law and elementary
considerations of humanity and are founded on the international community’s interest in and concern
for refugees.

[Link] to Life and Personal Security

Refugees as a group are the most endangered people in the world. Most of their basic
human rights are threatened during flight and upon their relocation in camps in the sanctuary state and
finally during their return to their countries of origin or nationality.

[Link] to Return

Refugees need to be guaranteed the right to return voluntarily and in safety to their
countries of origin or nationality. They also need protection against forced return to territories in
which their lives, safety and dignity would be endangered. Human rights law recognises the right of
an individual, outside of national territory, to return to his or her country.
[Link] Right to Remain

Recently, U.N. Sub-Commission on Prevention of Discrimi-nation and Protection of

Minorities has affirmed “the right of persons to remain in peace in their own homes, on their own
lands and in their own countries”.

Problems and remides :

The role that a company’s human resources personnel plays is more important than most
people think. Not only does human resource handle payroll and leave requests, but they also preserve
company culture and oversee the employee’s entire lifecycle. In short, human resource acts as a
company’s moral compass in addition to keeping employees well-trained, happy, and productive.
Having a thorough understanding of human resource problems and solutions can be critical in a
company’s success.

HR problems in companies come in many shapes and forms. They also vary in seriousness and
complexity, depending on the challenge and where the company is located and operates.

Consider the solutions to these problems to be guidelines. It might be necessary to seek outside help,
depending on the resources available to you at your company.

1. Compliance with laws and regulations

The first common HR problem in companies is a big one: making sure

you're adhering to all relevant laws in your operation area. This can be a huge challenge for small HR
organizations, especially if no one on the team has experience dealing with local labor laws and
regulations.

[Link] and safety

Like with laws and regulations, HR organizations are often in charge of ensuring all
health and safety requirements are being met at the company.

[Link] management

Managing change can be a big headache for both HR departments and the employees
they serve. This is especially true for fast-growing organizations experiencing rapid evolution in their
processes or onboarding new employees at a high clip. Unfortunately, HR often bears the brunt of this
frustration.

[Link] management

Compensation and benefits are one issue that no HR organization is able to get around.
This is the core concern for all employees and has an immense impact on everything from
performance to engagement to productivity.

[Link] top talent

Like with compensation, smaller HR organizations often get muscled out in the fight for
top talent. This is another major HR problem in companies that don't have the resources to go after the
best candidates aggressively.

[Link]

Landing top talent is one thing, but retaining them long term comes with a new set of HR
challenges for companies.

Role of trade union in protecting the unorganized labourers.

INTRODUCTION
 “Trade union is a voluntary organisation of workers formed to protect and promote
their interests through collective action. It may be formed on plant basis, industry basis, firm basis,
regional basis or national basis”. It is also defined as “a continuous association of wage earners for the
purpose of maintaining and improving the conditions of their working lives”.G.D.H Cole define trade
union as “an association of workers in one or more occupation— an association carried on mainly, for
the purpose of protecting and advancing the members’ economic interests in connection with their
daily work’.

According to Lester “A trade union is an association of employees designed

primarily to maintain or improve the conditions of employment of its members.” The Trade Union
Act 1926 defines trade union as “a continuous association of persons in industry, whether employers,
employees or independent workers.

The major characteristics of the unorganized workers

 The unorganized labour is overwhelming in terms of its number range and therefore they are
omnipresent throughout India.
 As the unorganized sector suffers from cycles of excessive seasonality of employment,
majority of the unorganized workers does not have stable durable avenues of employment.
Even those who appear to be visibly employed are not gainfully and substantially employed,
indicating the existence of disguised unemployment.
 The workplace is scattered and fragmented.
 There is no formal employer – employee relationship
 In rural areas, the unorganized labour force is highly stratified on caste and community
considerations. In urban areas while such considerations are much less, it cannot be said that
it is altogether absent as the bulk of the unorganized workers in urban areas are basically
migrant workers from rural areas.
 Workers in the unorganized sector are usually subject to indebtedness and bondage as their
meager income cannot meet with their livelihood needs.
 The unorganized workers are subject to exploitation significantly by the rest of the society.
They receive poor working conditions especially wages much below that in the formal sector,
even for closely comparable jobs, ie, where labour productivity are no different. The work
status is of inferior quality of work and inferior terms of employment, both remuneration and
employment.
 Primitive production technologies and feudal production relations are rampant in the
unorganized sector, and they do not permit or encourage the workmen to imbibe and
assimilate higher technologies and better production relations. Large scale ignorance and
illiteracy and limited exposure to the outside world are also responsible for such poor
absorption.
 The unorganized workers do not receive sufficient attention from the trade unions.
 Inadequate and ineffective labour laws and standards relating to the unorganized sector.

Objectives of role in trade union of Protecting unrecognized Labour

[Link] ansalaries-

Wages and salaries and the most important subjects of Trade Unions. In the
organized industry, wages and benefits are determined through processes such as collective
bargaining, wage boards, conciliation, and adjudication. Working of all these processes
deserves systematic inquiry. Union power and objective facts hopefully influence the wage
scene through these forums.
[Link] conditions-
Another major objective of the Trade Unions is to insure the safety of workers.
While working every worker must be provided with basic facilities like. Drinking water,
minimum working hours, paid holidays, social security, safety equipments, lights and others.
[Link] policies-
Any personal policy of the employer with respect to promotion, transfer and
training may be challenge by Trade Unions if arbitrary.
 [Link]-
Trade Unions also protect the workers from arbitrary discipline action taken by
management against any worker. No worker should be victimized by management in the form
of arbitrary transfer or suspension.
[Link]-
The main objective of the Trade Union is to work for the welfare of the workers. This
includes welfare of the family members or children of the worker.
[Link] and Employer Relations-
for an industrial peace there must be harmony between employer and
employee. But due to superior power of the management sometimes conflict arises in this
situation Trade Union represent the whole group of workers and continue negotiations with
management.
[Link] Machinery
Trade Unions may also put proposals before management, as this policy is based
on the principle of Give and Take Trade Unions protect the interest of workers through
collective bargaining.
[Link] Organisational Health and the Interest of the Industry-
Trade Unions also help in achieving employee satisfaction. Trade unions also
help in better industrial relation by creating procedure to resolve the industrial dispute.
[Link] workers feel weak.
Trade Union provides him a platform to join others to achieve social
objectives.

QUESTION BANK

PART - A

[Link] Child Labour (Prohibition and Regulation) Act, 1986 is an example of

(A) Regulative LabourLegislation (B) Protective Labour Legislation

(C) Social SecurityLegislation (D) Welfare Legislation
Answer - (B)

[Link] of the following legislations apply to unorganized sector workers in India?

(A) Minimum WagesAct (B) Child Labour (Prohibition and Regulation) Act, 1986
(C) Contract Labour (Regulation and Abolition) Act 1970
(D) All of the above
Answer : D

[Link] the Child Labour (Prohibition and Regulation) Act, 1986, a child is one who has not
completed his ---------

(A) 18years (B) 16 years

(C) 15years (D) 14 years
Answer : D

[Link] is the year for "The Declaration of the Rights of Child"?

(A) 1967 (B) 1962

(C) 1960 (D) 1959
Answer - (D
[Link] Section of The Child Labour (Prohibition and Regulation) Act, 1986 defines the term
"Child"?

(A) Section 1 (B) Section 2 (i)

(C) Section 2 (ii) (D) Section 2 (iii)
Answer - (C)

[Link] minimum subscription rate for members of trade unions of rural workers shall not be less than
--------------

(A) Rs. 12 perannum (B) Rs. 3 per annum

(C) Rs. 1 perannum (D) No such provision ANSWER : C

[Link] of International Labour Organisation is located in ________

A. geneva B. rome
C. paris D. tokyo
ANSWER : A

[Link] ongoing globalization in the country needs reforms in our labour laws. The forces oppose
changes in the existinglabour legislations is _______________.

A. government B. labour and trade unions

C. employers’ associations D. human rights’ commission

ANSWER : B

[Link] Policy highlights ________

A. creative measures to attract public and private investment

B. creating new jobs C. employee-employer relationship
D. all of the above

Answer : D

[Link] of the following legislations apply to unorganised sector workers in India?

A. minimum wages act

B. child labour (prohibition and regulation) act, 1986

C. contract labour (regulation and abolition) act, 1970

D. all of the above

Answer : D

[Link] were no restrictions on child labour till _______________ was implemented.

A. independence B. labour law

C. commercial law D. trade union act

Answer : B

[Link] issues are solved in _______________.

A. labour court B. district court

C. high court D. consumer court

Answer : A
[Link] Labour Organisation was formulated in ______

A. 1925 B. 1939

C. 1919 D. 1929

Answer : C

[Link] part of the Indian Constitution has shaped the labour welfare programmes?

(A) Preamble (B) The Directive Principles of State Policy

(C) Both (A) & (B) (D) None of the above

Answer - (C)

[Link] of the following provides for recognition of trade unions at the central level?

(A) Industrial Disputes Act (B) Trade Unions Act

(C) Code of Discipline in Industry (D) Inter-Union Code of Conduct

Answer - (C)

Part - B

[Link] about the Bonded labour is a social evil which creates violation of Human Rights.

[Link] an account on Refugee and Human Rights.

3. Explain the Importance of Labor rights.

[Link] the Characteristics of the Bonded Labour.

[Link] are the benefits of gender equality?

[Link] about the Advantage of migrant labour.

Part - c

[Link] about the Different Forms of bonded labour

[Link] the Causes of Child Labour.

[Link] explain the Rights of Ethnic refugees.

[Link] are the Objectives of role in trade union of Protecting unrecognized Labour?

[Link] the Types of migrant labour.

UNIT V

GRIEVANCE;

INTRODUCTION;
A complaint that has been formally presented to a management representative or to a union official.

MEANING;

A grievance as a complaint of one or more workers with respect to wages and allowances conditions
of work and interpretation of service condition of work and interpretation of services .

A conditions covering such areas as over time leave transfer promotion seniority job assignment and
termination of services.

DEFINITIONS OF GRIEVANCES

A grievance is a formal dispute between an employee & management on the conditions of

employment.

GRIEVANCE REDRESSAL MECHANISM;

It is a part and parcel of the machinery of any administration. No administration can claim tobe
accountable, respective and user-friendly unless it has established an efficient and effective
grievance redress mechanism.

In fact, the grievance redress mechanism of an organization is the gauge to measure its efficiency
and effectiveness as it provide important feedback on the working of the administration.

STRUCTURE OF GRIEVANCE REDRESS MACHINERY AT APEX LEVEL:

The grievance of public are received at various points in the government of the india. There are
primarily two designated nodal agencies in the central government handling these grievances. These
agencies are;-

Department of administrative reforms and public grievances, ministry of personnel, public

grievances, and pensions.

Directorate of public grievances, cabinet secretariat.

FEATURES OF GRIEVANCE:

Discontent or dissatisfaction.

Dissatisfaction must arise out of employment & not due to personal reasons.

The discontentment can arise out of real or imaginary reasons.

The discontent may be voiced or unvoiced but it must expression in some from.

Boradly speaking a grievance is noticeable & traceable to real or perceived non-fullfillment of one’s
expectation.

TYPES OF GRIEVANCES:

INDIVIDUAL GRIEVANCE:

Complaint that an action by management has violated the rights of an individual as set out in the
collective agreement or lay, or by some unfair practice.
EXAMPLE:

Discipline, demotion, classification disputes, denial of benefits etc.

GROUP GRIEVANCE:

Compliant by a group of individuals, for example, a department or a shift that has been affected the
same way and at the same time by an action taken be management.

An example of a group grievance would be where the employer refuses to pay a shift premium to
the employees who works on afternoon shift when the contract entitles them to it.

POLICY GRIEVANCE:

Complaint by the union that an action of management (or its failure or refusal to act) is a violation of
the agreement that could affect all who are covered by the agreement.

Group grievance are often treated as policy grievances.

For example, management assigns a steady day-shift employee to work on an off shift without
regard to seniority.

BENEFITS OF GRIEVANCE HANDLING PROCEDURES:

It encourages employees to raise concerns without fear of reprisal.

It provides a fair & speedy means of dealing of grievances.

It prevents minor disagreement developing into more serious dispute.

It saves employers time & money as solutions are found for workplace problems.

It helps build in organisational climate based on openness and trust.

OBJECTIVES OF GRIEVANCE HANDLING:

To enable employees to air his/her grievance.

To clarity the nature of grievance.

To investigate the reasons of dissatisfaction.

To obtain where possible a speedy resolution to the problem.

REASONS FOR GRIEVANCES:

ECONOMIC:

Wage fixation, wage computation, overtime, bouns.

Employees feel they are getting less than what they ought to get.

WORKING ENVIRONMENT:

Poor working conditions, defective equipment and machinery, tools, materials.

SUPERVISION:

Disposition of the boss towards the employee perceived notions of favouritism, nepotism, bias etc.

WORK GROUP:

Strained relations or incompatibility with peers. Feeling of neglect, obstruction and victimisation.

GRIEVANCE PROCEDURE:
NationalhumanrightsCommissionofindia

ThenationalhumanrightsCommission(nhrc)ofindiaisastatutorypublicbodyconstitutedon12October19
[Link]
[Link]
[Link]
eConstitutionorembodiedintheinternationalcovenantsandenforceablebycourtsindia

TheproductionofhumanrightsactmandatestheNHRCtoperformthefollowing

•proactivelyorreactivelyinquireintoviolationsofhumanrightsbygovernmentofindiaOrnegligenceofsuc
hviolationbyapublicservant

•theproductionofhumanrightsandrecommendmeasuresfortheireffectiveimplementation

•reviewthefactorsincludingactsofterrorismthatinhibittheenjoymentofhumanrightsandrecommendap
preciateremediesmeasures

•tostudytreatiesandotherinternationalinstrumentsonhumanrightsandmakerecommendationsforthei
reffectiveimplementation

•undertakeandpromoteresearchinthefieldofhumanrights

•Tovisitjailsandstudytheconditionofinmates

•Engageinhumanrightseducationamongvarioussectionsofsocietyandpromoteawesomenessofthesafe
guardsavailablefortheproductionoftheserightsthroughpublications,themedia,seminarsandotheravail
ablemeans

•encouragetheeffectsofNGOSandinstitutionsthatworksinthefieldofhumanrightsvolunteerly

•consideringthenecessityfortheproductionofhumanrights

•RequisitioninganypublicrecordorcopythereoffromanycourtOroffice

StatehumanrightsCommission

Astategovernmentmayconstituteabodyknownasthehumanrightscommissionofthatstatetoexercisethe
[Link]
mendmentbroughtinTPHRA.1993pointno.10belowisthelistofstatehumanrightscommissionsformedto
performthefunctionofthecommissionasstatedunderchaptervofTPHRA.1993(withamendmentAct2006
)atpresent.26stateshaveconstitutedSHRC

Appointment

Section2,[Link]
[Link]:

•Theprimeminister(chairperson)

•Thehomeminister

•Theleaderoftheoppositionintheloksabha(lowerhouse)
•Theleaderoftheoppositionintherajyasabha(upperhouse)

•Thespeakeroftheloksabha(lowerhouse)

•Thedeputychairmanoftherajyasabha(upperhouse)

HumanrightsCampaign'srecommendations

NHRCheldthat16octof19policeencounterswithsuspectedMaoistsingunturandKurnooldistrictsofandhr
apradesh.Priorto2002werefackandrecommendedtogovernmentpaymentofcompensationofRs5lakee
achtothekinofthefamilies

Reference

1.Annualreport1993-94ofthenationalhumanrightsCommission

2.Theprotectionofhumanrightsact1993asamendedbytheproductionofhumanrights(amendment)Act2
006

[Link].Retrieved23february2017

[Link]-timemembersandfourdeemedmembers.

HUMANRIGHTSACT1993:
Humanrightsact1993,anacttoprovidefortheConstitutiononnationalhumanrightscommission

Statehumanrightscommissioninstatesandhumanrightscourtsforbetterprotectionforhumanrig
htsandformattersconnectedtherewithorincidentalsthereto.

ShortTitleandcommencement

(1) ThisActmaybecitedastheHumanRightsAct1993.

(2) ThisActshallcomeintoforceonthe1stdayofFebruary1994.

Interpretation
InthisAct,unlessthecontextotherwiserequires,—
actincludesanactivity,condition,enactment,policy,practice,orrequirement

ChiefCommissionermeanstheCommissionerappointedastheChiefHumanRightsCommissionerunderse
ction8(1)
(a)CommissionmeanstheHumanRightsCommissioncontinuedbysection4andincludestheOfficeofHuma
nRightsProceedings

DirectorofHumanRightsProceedingsorDirectormeanstheDirectorofHumanRightsProceedingsoraltern
ateDirectorofHumanRightsProceedingsappointedundersection20Adispose,insections53and54,includ
essell,assign,lease,let,sublease,sublet,license,ormortgage,andagreetodispose
disputeresolutionmeetingmeansameetingofthekindreferredtoinsection77(2)
(c)disputeresolutionservicesincludestheprovisionofanswerstoquestionsbymembersofthepublicabout
discriminationandcompliancewiththisActemployer,inPart2,includes—

(a) theemployerofanindependentcontractor;and

(b)

thepersonforwhomworkisdonebycontractworkersunderacontractbetweenthatpersonandtheperson
whosuppliesthosecontractworkers

HumanRightsCommission
ContinuationofHumanRightsCommission

(1)ThereshallcontinuetobeaHumanRightsCommission,whichshallbethesamebodyastheHumanRightsC
ommissionestablishedundersection4oftheHumanRightsCommissionAct1977.

(2)TheCommissionisaCrownentityforthepurposesofsection7oftheCrownEntitiesAct2004.

(3)TheCrownEntitiesAct2004appliestotheCommissionexcepttotheextentthatthisActexpresslyprovides
otherwise.

(4)DespiteanythinginanyotherAct,thepowersoftheCommissionundersections16and17oftheCrownEnti
tiesAct2004maybeexercisedonly—

(a)bypersonsauthorisedbyorunderthisActortheCrownEntitiesAct2004toperformfunctionsoftheC
ommission,forthepurposesofperformingthosefunctions;or

(b)bytheDirectorofHumanRightsProceedings,hisorheralternate,orthestaffoftheOfficeofHumanRi
ghtsProceedings(actinginaccordancewithdirectionsissuedbytheDirectororhisorheralternate),forthep
urposesofexercisingorperformingafunction,power,ordutyoftheDirectorunderthisAct.

FunctionsofCommission
(1)TheprimaryfunctionsoftheCommissionare—

(a)toadvocateandpromoterespectfor,andanunderstandingandappreciationof,humanrightsinNe
wZealandsociety;and

(b)toencouragethemaintenanceanddevelopmentofharmoniousrelationsbetweenindividualsandamon
gthediversegroupsinNewZealandsociety.

(2)TheCommissionhas,inordertocarryoutitsprimaryfunctionsundersubsection(1),thefollowingfunctio
ns:

(a)

tobeanadvocateforhumanrightsandtopromoteandprotect,byeducationandpublicity,respectfor,andob
servanceof,humanrights:
 (b) toencourageandco-
ordinateprogrammesandactivitiesinthefieldofhumanrights:oranyotherenactment.

(3)TheCommissionmay,inthepublicinterestorintheinterestsofaperson,department,ororganisation,pu
blishreportsrelatinggenerallytotheexerciseofitsfunctionsunderthisActortoaparticularinquirybyitunder
thisAct,whetherornotthematterstobedealtwithinareportofthatkindhavebeenthesubjectofareporttoth
eMinisterorthePrimeMinister. Powersrelatingtodeclaratoryjudgments
(1)IfatanytimetheCommissionconsidersthatitmaybedesirabletoobtainadeclaratoryjudgmentorordero
ftheHighCourtinaccordancewiththeDeclaratoryJudgmentsAct1908,theCommissionmay,despiteanythi
ngtothecontraryinthatActoranyotherenactmentorruleoflaw,instituteproceedingsunderthatAct.

(2)

TheCommissionmayexercisetherightinsubsection(1)onlyifitconsidersthattheexerciseoftherightwillfaci
litatetheperformanceofitsfunctionsstatedinsection5(2)(a).

(3)

Subsection(1)doesnotlimittheabilityoftheCommissiontoappearinorbringproceedingsundersection92B
orsection92Eorsection92Horsection97.

Commissiondeterminesgeneralnatureofactivities

(1)

SubjecttotheroleoftheMinisterintheprocessofsettingandmonitoringthestrategicdirectionandtargetso
ftheCommissionunderPart4oftheCrownEntitiesAct2004,themembersoftheCommissionactingtogether
determinethestrategicdirectionandthegeneralnatureofactivitiesundertakenintheperformanceoftheC
ommission’sfunctions.

(2)

TheChiefCommissionerisresponsibletotheCommissionforensuringthatactivitiesundertakenintheperfo
rmanceoftheCommission’sfunctionsarenotinconsistentwithdeterminationsoftheCommission.

MembershipofCommission
(1) TheCommissionconsistsofthefollowingHumanRightsCommissioners:

(a) aCommissionerappointedastheChiefCommissioner,whoseofficeisafulltimeone:

(b) aCommissionerappointedastheRaceRelationsCommissioner,whoseofficeisalsoafulltimeone:

(c)

aCommissionerappointedastheEqualEmploymentOpportunitiesCommissioner,whoseofficeisalsoafull
timeone:

(d) Nomorethan5otherCommissioners,whoseofficesareeachparttimeones.
HUMANRIGHTSCOMMISSION

(2)TheCommissionersaretheboardforthepurposesoftheCrownEntitiesAct2004.

(3)TheChiefCommissionerholdsofficeaschairpersonoftheboardforthepurposesoftheCrownEntitiesAct
2004forthesametermasheorsheisChiefCommissioner.

(4)Clauses1to5ofSchedule5oftheCrownEntitiesAct2004donotapplytotheCommission.
THEUNIVERSALDECLARATIONOFHUMANRIGHTSANDWHYITWASCREATED

ThedraftingcommitteewaslaterenlargedtoincluderepresentativesofAustralia,Chile,France,theSovietU
nionandtheUnitedKingdom,allowingthedocumenttobenefitfromcontributionsofstatesfromallregions,
andtheirdiversereligious,[Link]
UNCommissiononHumanRightsandfinallyadoptedbytheGeneralAssemblyin1948.

TheDeclarationoutlines30rightsandfreedomsthatbelongtoallofusandthatnobodycantakeawayfromus.
Therightsthatwereincludedcontinuetoformthebasisforinternationalhumanrightslaw.

[Link],theworldhadagloballyagreeddocumentthatmarkedo
utallhumansasbeingfreeandequal,regardlessofsex,colour,creed,religionorothercharacteristics.

The30rightsandfreedomssetoutintheUDHRincludetherighttobefreefromtorture,therighttofreedomof
expression,[Link],suchastheri
ghtstolife,[Link],socialandculturalrights,suchastherightstosocials
ecurity,healthandadequatehousing.

WRITEFORRIGHTS

EveryDecember,Amnestysupportersacrosstheglobewillwritemillionsoflettersandtakeactionforthosew
[Link],continuingalongtraditionofwritinglett
erstorightsomeoftheworlds’sbiggestwrongs.

JOINAMNESTY

[Link]
arecampaigningforaworldwherehumanrightsareenjoyedbyall.

HUMANRIGHTSEDUCATION

DefendingDignity:TheUniversalDeclarationofHumanRights–
GetanintroductiontotheUDHRanddiscoverwaysyoucantakeactiontodefenddignityandclaimyourrights,
andtherightsofothersthroughthisnewcoursefromAmnestyInternationallaunchinginthenewyear!

Allhumanrightsareequallyimportant,andallgovernmentsmusttreathumanrightsinafairandequalmanne
r,[Link],regardlessoftheirpolitical,economi
candculturalsystems,topromoteandprotectallhumanrightsforeveryonewithoutdiscrimination.

Sonomatterwhatdistinctionspeoplehave,thereisonebasicprinciplethatunderliesalltherightsoutlinedint
heUDHR:[Link]
meanshumanrightsarethesameforeveryman,womanandchildacrosstheworld,nomatterwhattheircircu
mstances.
FUNDAMENTALRIGHTSANDDUTIES:

Asacitizenofindia,[Link]
[Link],knowledgeofourfundamentalrightsisimportantsoastopreventinjus

[Link].

INDRODUCTIONTOFUNDAMENTALRIGHTSANDDUTIES:

Duringtheperiodof1947to1949,constitutionofindiadevelopedandprescribedthefundamentalobligatio
[Link]
gsectionswhichconstitutethevitalelementsoftheconstitution.

Fundamentalrights

Directiveprinciplesofstatepolicy

Fundamentalduties
Thesesectionsconsistofaconstitutionalbillofrightsforgovernmentpolicy-
makingandlaydownafoundationfortheappropriatethebehaviorandconductofcitizens.

THEFUNDAMENTALRIGHTOFANINDIANCITIZEN:

Thefundamentalrightsdefinitionsaysthatthesearethebasichumanrightsofallcitizens,definedinpartIIIoft
[Link],placeofbirth,religion,caste,creed,[Link]
areenforceablebythecourts,[Link]
ecitizensofindiainaccordancewiththeconstitution.

Righttoequal

Righttofreedom

Rightagainstexploitation

Righttofreedomofreligion

Righttoconstitutionalremedies

DIRECTIVEPRINCIPLESOFSTATEPOLICY:

[Link],thegovernmentrequirescert
[Link].Accordingtoarticle37,theyareno
tenforceablebythecourtsundertheirrespectivejurisdiction.

Theestablishmentofdirectiveprinciplesofstatepolicyisinaccordancewithcertainarticlesoftheconstitutio
[Link].

THEFUNDAMENTALDUTIESINTHELIFEOFANINDIAN:

Thesearedefinedasthemoralobligationsofallcitizenstohelppromoteaspiritofpatriotismandtoupholdth
[Link],likethedire
ctiveprinciples,theyarenotenforceablebylaw.

Toabidebytheconstitutionandrespectitsidealsandinstitutions,thenationalflagandthenationalanthem.

Toupholdandprotectthesovereignty,unity,andintegrityofindia.

Accordingtothe86thconstitutionalamendmentin2002,itisthedutyofthepeopleofindiatoadapttomakein
diaasaferplacetolive,tobecleanandmakethesurroundingcleanandnottohurtanybodyphysicallyandmen
tally.

THERELATIONSHIPBETWEENTHEFUNDAMENTALRIGHTS,DIRECTIVEPRINCIPLESANDFUNDAMENTALD
UTIES:

Directiveprincipleshavebeenusedtoupholdtheconstitutionalvalidityoflegislationincaseofconflictwithf
undamentalrights.

Accordingtotheamendmentof1971,anylawthateventhoughitdeviatesfromthefundamentalrights,buth
asbeenmadetogiveeffecttothedirectiveprinciplesinarticle39(b)
(c)[Link]
ateenforcingthesamebymeansofavalidlaw.
OBJECTIVE QUESTIONS
[Link]?

[Link]

[Link]

[Link]

[Link]

[Link]?

[Link]

[Link]

[Link]

[Link]

[Link],thedisputeregardingsuchtransaction
sistoberesolvedbythebankswithin?

[Link]

b.10days

c.12days

d.15days

[Link]?

[Link]

[Link]

[Link]

d.a,bandc

[Link]

[Link]

[Link]

[Link]

[Link]
[Link]?

[Link]

[Link]

[Link]

[Link]

[Link]?

[Link]

[Link]

[Link]

[Link]

[Link]?

[Link]

[Link]

[Link]

[Link]

[Link]?

[Link]

[Link]

[Link]

[Link]

[Link]?

a.2001

b.1999

c.2006

d.2016

[Link]
henationalhumanrightscommission?

[Link]

[Link]
[Link]

[Link]

[Link]?

a.5yearsorupto62yearsofage

b.5yearsorupto65yearsofage

c.6yearsorupto65yearsofage

d.5yearsorupto70yearsofage

[Link]?

a.90days

b.2months

c.30days

d.45days

[Link]?

[Link]

[Link]

[Link]

[Link]

15.rightstoinformationact2005cameintoforceonwhichofthefollowingdate?

a.22june2005

b.12oct2005

c.15june2005

d.15august2005

16.therightstoinformationact2005replacedwhichact?

a.informationtechnologyact2000

b.freedomofinformationAct2002

c.deliminationact2002

[Link]

[Link]?
[Link]

[Link]

[Link]

[Link]

[Link]?

[Link].10

[Link].50

[Link].20

[Link]

[Link]?

a.18yearsandabove

b.45yearsandabove

c.16yearsandabove

[Link]

[Link]

[Link]

[Link]

[Link]

[Link]

21.whendidtheprotectionofhumanrightsact1993comeintoforce?

a.01apirl1993

b.01march1993

c.01may1994

d.28september1993

22.section12oftheprotectionofhumanrightsact1993dealswith------?

[Link]

[Link]

[Link]
[Link]

[Link]

[Link]

[Link]

[Link]

d.actof1935

[Link]?

a.2

b.3

c.5

d.4

[Link]?

[Link]

[Link]

[Link]

[Link]

[Link]?

[Link]

[Link]

[Link]

[Link]

[Link]?

a.article31

b.article39a

c.article41

d.article39

[Link]?

a.article40-48
b.article41-48

c.article42

d.article40

[Link]?

[Link]

[Link]

[Link]

[Link]

[Link]?

a.article48

b.article44

c.article42

d.article49

II FIVE MARKS QUESTIONS:

[Link] are the structure of grievance?

[Link] about grievance procedure.

3. What are the types of grievances

4. Explain the types of human rights commission.

5. What are the objective of human rights act ?

III TEN MARKS QUESTIONS:

1. Explain about Grievance.

2. Explain about the Human Rights act.

[Link] are the Universal declaration of human rights?

4. Different between national and international grievances of human rights.

5. Explain about Rights to information act 2005.