1.

UDHR AND common standard of achievement for all peoples and all nations

INTRODUCTION

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of
human rights. Drafted by representatives with different legal and cultural backgrounds from all
regions of the world, the Declaration was proclaimed by the United Nations General Assembly
in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common standard of
achievements for all peoples and all nations. It sets out, for the first time, fundamental human
rights to be universally protected and it has been translated into over 500 languages.

Given in preamble

Now, therefore the General Assembly proclaims this Universal Declaration of Human Rights as a
common standard of achievement for all peoples and all nations, to the end that every
individual and every organ of society, keeping this Declaration constantly in mind, shall strive by
teaching and education to promote respect for these rights and freedoms and by progressive
measures, national and international, to secure their universal and effective recognition and
observance, both among the peoples of Member States themselves and among the peoples of
territories under their jurisdiction.

History
 During the Second World War the allies adopted the Four Freedoms: freedom of speech,
freedom of assembly, freedom from fear and freedom from want, as their basic war aims.
 The United Nations Charter "reaffirmed faith in fundamental human rights, and dignity and
worth of the human person" and committed all member states to promote "universal
respect for, and observance of, human rights and fundamental freedoms for all without
distinction as to race, sex, language, or religion".
 When the atrocities committed by Nazi Germany became apparent after the Second World
War, the consensus within the world community was that the United Nations Charter did
not sufficiently define the rights it referenced. A universal declaration that specified the
rights of individuals was necessary to give effect to the Charter's provisions on human
rights.
 Canadian John Peters Humphrey was called upon by the United Nations Secretary-General
to work on the project and became the Declaration's principal drafter. At the time
Humphrey was newly appointed as Director of the Division of Human Rights within the
United Nations Secretariat.
 The Commission on Human Rights, a standing body of the United Nations, was constituted
to undertake the work of preparing what was initially conceived as an International Bill of
Rights. The membership of the Commission was designed to be broadly representative of
the global community
ADOPTION
The Universal Declaration was adopted by the General Assembly on 10 December 1948 by a vote of
48 in favour, 0 against, with 8 abstentions (all Soviet Bloc states [i.e., Byelorussia, Czechoslovakia,
Poland, Ukraine and The USSR],Yugoslavia, South Africa and Saudi Arabia).[10]
The following countries voted in favour of the Declaration: Afghanistan, Argentina, Australia,
Belgium, Bolivia, Brazil, Burma, Canada, Chile, China, Colombia, Costa Rica, Cuba, Denmark, the

1
Dominican Republic, Ecuador, Egypt, El Salvador, Ethiopia, France, Greece, Guatemala, Haiti,
Iceland, India, Iran, Iraq, Lebanon, Liberia, Luxembourg, Mexico, Netherlands, New Zealand,
Nicaragua, Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Thailand, Sweden, Syria, Turkey,
United Kingdom, United States, Uruguay, Venezuela

Human rights set out in the

Declaration
The following reproduces the articles of the Declaration which set out the specific
human rights that are recognized in the Declaration.

Article 1 Right to Equality

Article 2 Freedom from Discrimination
Article 3 Right to Life, Liberty, Personal Security
Article 4 Freedom from Slavery
Article 5 Freedom from Torture and Degrading Treatment
Article 6 Right to Recognition as a Person before the Law
Article 7 Right to Equality before the Law
Article 8 Right to Remedy by Competent Tribunal
Article 9 Freedom from Arbitrary Arrest and Exile
Article 10 Right to Fair Public Hearing
Article 11 Right to be Considered Innocent until Proven Guilty
Article 12 Freedom from Interference with Privacy, Family, Home and
Correspondence
Article 13 Right to Free Movement in and out of the Country
Article 14 Right to Asylum in other Countries from Persecution
Article 15 Right to a Nationality and the Freedom to Change It
Article 16 Right to Marriage and Family
Article 17 Right to Own Property
Article 18 Freedom of Belief and Religion
Article 19 Freedom of Opinion and Information
Article 20 Right of Peaceful Assembly and Association
Article 21 Right to Participate in Government and in Free Elections
Article 22 Right to Social Security

2
Article 23 Right to Desirable Work and to Join Trade Unions
Article 24 Right to Rest and Leisure
Article 25 Right to Adequate Living Standard
Article 26 Right to Education
Article 27 Right to Participate in the Cultural Life of Community
Article 28 Right to a Social Order that Articulates this Document
Article 29 Community Duties Essential to Free and Full Development
Article 30 Freedom from State or Personal Interference in the above Rights
Relationship bw common standard of achievement for all people and nation and udhr

 To provide equal rights to people irrespective

 To avoid discrimination and partiality
 To promote peace in world
 To protect the int of person by virtue of being human
 To promote humanity

Conclusion
QUES 2

2. Realtion between HR and constitution

[Link]

2. Meaning

[Link] rights in IC

4Human rights meaning and characteristics

[Link] btw Hr given in Udhr and FR

6. relation

7. Difference

[Link]

The Rights and Fundamental Rights are sections of the Constitution of India that provides
people with their rights. These Fundamental Rights are considered as basic human rights of all

3
citizens, irrespective of their gender, caste, religion or creed. etc. These sections are the vital
elements of the constitution, which was developed between 1947 and 1949 by the Constitution
of India.

There are six fundamental rights in India. They are Right to Equality, Right to Freedom, Right
against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and
Right to Constitutional Remedies.

1. Right to Equality

Right to Equality ensures equal rights for all the citizens. The Right to Equality prohibits inequality on
the basis of caste, religion, place of birth, race, or gender. It also ensures equality of opportunity in
matters of public employment and prevents the State from discriminating against anyone in matters
of employment on the grounds only of religion, race, caste, sex, descent, place of birth, place of
residence or any of them.

[Link] to Freedom

Right to freedom provides us with various rights. These rights are freedom of speech, freedom
of expression, freedom of assembly without arms, freedom of movement throughout the
territory of our country, freedom of association, freedom to practice any profession, freedom
to reside in any part of the country. However, these rights have their own restrictions.

3. Right against Exploitation

Right against Exploitation condemns human trafficking, child labor, forced labor making it an offense
punishable by law, and also prohibit any act of compelling a person to work without wages where he
was legally entitled not to work or to receive remuneration for it. Unless it is for the public purpose,
like community services or NGO work.

[Link] to Freedom of Religion guarantees religious freedom and ensures secular states in India. The
Constitutions says that the States should treat all religions equally and impartially and that no state
has an official religion. It also guarantees all people the freedom of conscience and the right to
preach, practice and propagate any religion of their choice

5. Cultural and Educational Rights

Cultural and Educational Rights protects the rights of cultural, religious and linguistic
minorities by enabling them to conserve their heritage and protecting them against
discrimination. Educational rights ensure education for everyone irrespective of their caste,
gender, religion, etc.

6. Right to Constitutional Remedies

Right to Constitutional Remedies ensures citizens to go to the supreme court of India to ask for

4
enforcement or protection against violation of their fundamental rights. The Supreme Court has the
jurisdiction to enforce the Fundamental Rights even against private bodies, and in case of any
violation, award compensation as well to the affected individual.

All human beings are born with equal and inalienable rights and fundamental
freedoms.

Human rights are based on dignity, equality and mutual respect – regardless of your
nationality, your religion or your beliefs.

Your rights are about being treated fairly and treating others fairly, and having the ability to
make choices about your own life. These basic human rights are:

 Universal They belong to all of us – everybody in the world

 Inalienable They cannot be taken away from us
 Indivisible and interdependent Governments should not be able to pick and choose
which are respected
 Human Rights can be violated Although they are inalienable, they are not
invulnerable. Violations can stop people from enjoying their rights, but they do not
stop the rights from existing.

Human Rights are essential They are essential for freedom, justice, and peace.

Relation bw udhr and fr

1. Aims at protecting interes

2. Aims at eliminating discrimination
3. Secularism
4. Aims at justice
5. Aims at welfare of public

Conclusion
QUES 3

3. role of judiciary

a. Introduction
b. Instruments
PIL

Writs

Human rights court

5
 c. HUMAN RIGHTS PROTECTION BY INDIAN JUDICIARY
a. In case of prisoners
b. In case of women
c. In case of children
d. Some other popular cases
6. Why does court protect or enforce hr?
a. To dispense justice
b. t protect int of individual
c. For congenial environment

7. Conclusion

Instruments to approach court

 PIL
 Writs

Habeas Corpus

"Habeas Corpus" is a Latin term which literally means "you may have the body." The writ is
issued to produce a person who has been detained , whether in prison or in private custody,
before a court and to release him if such detention is found illegal.

2. Mandamus

Mandamus is a Latin word, which means "We Command". Mandamus is an order from the
Supreme Court or High Court to a lower court or tribunal or public authority to perform a
public or statutory duty. This writ of command is issued by the Supreme Court or High court
when any government, court, corporation or any public authority has to do a public duty but
fails to do so.

3. Certiorari

Literally, Certiorari means to be certified. The writ of certiorari can be issued by the Supreme
Court or any High Court for quashing the order already passed by an inferior court, tribunal or
quasi judicial authority.

4. Prohibition
The Writ of prohibition means to forbid or to stop and it is popularly known as 'Stay Order'. This writ
is issued when a lower court or a body tries to transgress the limits or powers vested in it. The writ of
prohibition is issued by any High Court or the Supreme Court to any inferior court, or quasi judicial
body prohibiting the latter from continuing the proceedings in a particular case, where it has no
jurisdiction to try. After the issue of this writ, proceedings in the lower court etc. come to a stop.

6
5. The Writ of Quo-Warranto

The word Quo-Warranto literally means "by what warrants?" or "what is your authority"? It
is a writ issued with a view to restrain a person from holding a public office to which he is not
entitled.

 Human rights court

As regards the mechanism for the redress of human rights grievances in UnionTerritories, the
Minister of Human Affairs had taken the position that the best way ofproceeding may be
through the extension of the jurisdiction of the State Commissionsof neighbouring States into
the adjoining Union Territories, as has been done in respectof High Courts.49iii)Human Rights
Courts State government set up these courts with concurrence of the Chief Justice of theHigh
Court, by notification specifying for each district a Court of Session to be a HumanRights
Court under Section 30. State Government appoints Special Public Prosecutor toconduct
cases in human rights court under Section 31 of the [Link] Rights Courts have been set
up in the States of Assam, Andhra Pradesh,Sikkim, Tamil Nadu and Uttar
Pradesh.50Commission stays in touch with the concerned High Courts with a view to making
clear the precise nature of the offences to be tried in such courts and other details regarding
the conduct of their business.

A. In case of prisoners
 Rights against Solitary Confinement and Bar Fetters
The courts have strong view against solitary confinement and held that imposition of solitary
confinement is highly degrading and dehumanizing effect on the prisoners. The courts have
taken the view that it could be imposed only in exceptional cases where the convict was of
such a dangerous character that he must be segregated from the other prisoners. The
Supreme Court in Sunil Batra v Delhi Administartion (1) considered the validity of solitary
confinement. The Supreme Court has also reacted strongly against putting bar fetters to the
prisoners. The court observed that continuously keeping a prisoner in fetters day and night
reduced the prisoner from human being to an animal and such treatment was so cruel and
unusual that the use of bar fetters was against the spirit of the Constitution of India.
 Rights against Inhuman Treatment of Prisoners

The Supreme Court read the right against torture into Articles 14 and 19 of the Constitution. The
court observed that “the treatment of a human being which offends human dignity, imposes
avoidable torture and reduces the man to the level of a beast would certainly be arbitrary and can be
questioned under Article 14”. In the Raghubir Singh v. State of Bihar, the Supreme Court expressed

7
its anguish over police torture by upholding the life sentence awarded to a police officer responsible
for the death of a suspect due to torture in a police lock – up. In Kishore Singh VS. State of Rajasthan
the Supreme Court held that the use of third degree method by police is violative of Article 21.

 Right to have Interview with Friends, Relatives and Lawyers

The right to have interview with the members of one’s family and friends is clearly part of the
Personal Liberty embodied in Article 21. In Dharmbir vs. State of U.P the court directed the state
Government to allow family members to visit the prisoners and for the prisoners, at least once a year,
to visit their families, under guarded conditions.

In Hussainara Khatoon vs. Home Secretary, Bihar, the Supreme Court has held that it is the
Constitutional right of every accused person who is unable to engage a lawyer and secure legal
services on account of reasons such as poverty, indigence or incommunicado situation, to have free
legal services provided to him by the state and the state is under Constitutional duty to provide a
lawyer to such person if the needs of justice so require. If free legal services are not provided the trial
itself may be vitiated as contravening the Article 21.

 Right to Speedy Trial

The speedy trial of offences is one of the basic objectives of the criminal justice delivery
system. Once the cognizance of the accusation is taken by the court then the trial has to be
conducted expeditiously so as to punish the guilty and to absolve the innocent

For this purpose in [Link] vs. [Link], the Supreme Court has laid down following
propositions which will go a long way to protect the Human Rights of the prisoners. In the instant
case the Apex Court held that the right to speedy trial flowing from Article 21 of the Constitution is
available to accused at all stages like investigation, inquiry, trial, appeal, revision and retrial.

In case of women
[Link] Approach in the matters relating to Education:

In Padmaraj Samarendra v. State of Bihar[15],allotment of some seats for girl students in Medical
Colleges was challenged on the ground that it is solely based on sex. The Court while justifying the
allotment of seats for girl students held as reasonable and it cannot be said to be discrimination on
the ground of sex alone.

[Link] of sexual abuse at work places

In Vishaka v. State of Rajasthan,[25] Supreme Court had framed guidelines and norms for protection
of working women at work place, and it held that it is the duty of the employer to protect women
from sexual abuse, which are later parliament, recognized and enacted Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Women has right to choose her partner without any compulsion

8
In Ravi Kumar v. State[48], Lata Singh v. State of Uttar Pradesh[49]and in Lata Singh v. State of Uttar
Pradesh, it was held that Right to Marriage is an essential part of the right under Art.21 and that
people have the right to choose their partners without any compulsion. For there, it also held that
"This is a free and democratic country, and once a person becomes a major he or she can marry
whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-
religious marriage the maximum they can do is that they can cut off social relations with the son or
the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass
the person who undergoes such inter-caste or inter- religious marriage.

In case of Children
[Link] Justice

The Juvenile Justice (Care and Protection) Act, 2000 is enacted as human rights legislation
and it is now in force in all State uniformly, repealing the entire Children’s Act enacted by
states individually. This legislation deals with the two types of juveniles. “Juvenile in conflict
with law” as defined under Section 2(1) and child in need of care and protection as defined
under Section 2 (d). A juvenile or a child as defined under Section 2 (k) is a person who has
not attained the age of 18 years. The penitentiary system shall comprise treatment of prisoners,
the essential aim of which shall be their reformation and social rehabilitation. Juvenile
offenders shall be segregated from adults and be accorded treatment appropriate to their age
and legal status.

In Sheela Barse v. Union of India [Link] Barse, a dedicated social worker took up the
case of helpless children below age of 16 illegally detained in jails. She petitioned for the
release of such young children from jails, production of information as to the existence of
juvenile courts, homes and schools and for a direction that the District judges should visit jails
or sub-jails within their jurisdiction to ensure children are properly looked after when in
custody. The Court observed that children in jail are entitled to special treatment. Children are
national assets and they should be treated with special care. The Court urged the setting up of
remand and juvenile homes for children in jails. In Sheela Barse v Secretary Children Aid
Society the Supreme Court came forward to protect the rights of the children in the
observation homes.

[Link] Exploitation of Children

Human Rights are derived from the dignity and worth inherent in the human person. Human
right and fundamental freedom have been retreated by the Universal Declaration of Human
Rights.

In Vishal Jeet v. Union of India Supreme Court in this case deals with some seminal
questions relating to the sexual exploitation of children. Here it has been observed that it is
highly deplorable and heart rending to note that many poverty stricken children and girls in the
prime age of youth are taken to the ‘flesh market’ and forcibly pushed into “flesh trade” which

9
is being carried on in utter violation of all cannons of morality, decency and dignity of
mankind.

In Gaurav Jain v. Union of India, The Supreme Court held that the children of the prostitutes
have the right to equality of opportunity, dignity, care, protection and rehabilitation so as to be
part of the mainstream of social life without any pre-stigma attached on them. The Court
directed for the constitution of a committee to formulate a scheme for the rehabilitation of
such children and child prostitutes and for its implementation and submission of periodical
report of its Registry. 7.

Some other cases

Olga Tellis v. Bombay Municipal Corporation

 The right to livelihood is borne out of the right to life, as no person can live without the
means of living, that is, the means of livelihood.

 If the right to livelihood is not treated as a part and parcel of the constitutional right to life,
the easiest way of depriving a person of his right to life would be deprived him of means of
livelihood to the point of abrogation.

 Parmanand Katara [Link] of India(right to medicalcare)

 The SC has considered a very serious problem existing at present: in a medico legal case (such
as accident) the doctor usually refused to give immediate medical aid to the victim until the
legal formalities are completed. In some cases, the injured die for want of medical aid. The SC
has now very specifically clarified that preservation of life is of paramount importance.

 Mr. ‘X’ v. Hospital ‘Z’(right to privacy)

 The Supreme Court explained that Article 21 of the Constitution entitles a person to lead a
healthy life and therefore the women who was to marry a person was entitled to know
whether her prospective husband has any deadly and communicable disease.

Conclusion

[Link]
History

The UN Commission on Human Rights formulated the Universal Declaration of Human

Rights (UDHR). UDHR was adopted by the United Nations General Assembly in 1948.
Although the UDHR was a non-binding resolution, it is now considered to have acquired the
force of international customary which may be invoked in appropriate circumstances by

10
national and other judiciaries. The UDHR urges member nations to promote a number of
human, civil, economic and social rights. The adoption of the Universal Declaration is a
significant international commemoration marked each year on 10 December, and is known as
Human Rights Day or International Human Rights Day. The theme of this year’s Human
Rights Day – “Human Rights 365” encompasses the idea that every day is Human Rights
Day and everybody at all times is entitled to the full range of human rights.

The international community has recognised the growing importance of strengthening national
human rights institutions. In this context, in the year 1991 a UN-sponsored meeting
of representatives of national institutions held in Paris, a detailed set of principles on the status
of national institutions was developed, these are commonly known as the
Paris Principles. These principles, became the foundation for the establishment and operation
of national human rights institutions.

In the wake of these developments, India, enacted the Protection of Human Rights Act,
1993, with a view to bring about greater accountability and strengthen the dominion of human
rights in the country. The National Human Rights Commission (NHRC) was established on
October 12, 1993. Its statute is contained in the Protection of Human Rights Act, 1993, and is
in conformity with the Paris Principles. States, 23 of them, have set up their own human rights
commissions under the Protection of Human Rights Act, 1993 to deal with violations from
within their states.

eatures of NHRC

• NHRC was constituted under Section 3 of the 1993 Act for better protection of human rights.
The term ‘human rights’ is defined in Section 2(d) of the 1993 Act, which reads as follows:

“2. (d) “Human rights” means the rights relating to life, liberty, equality and dignity of the
individual guaranteed by the Constitution or embodied in the International Covenants and
enforceable by courts in India.”

• It is autonomous i.e. it has been created by an Act of Parliament.

• NHRC is committed to provide independent views on issues within the parlance of the
Constitution or in law for the time being enforced for the protection of human rights. The
Commission takes an independent stand.
• NHRC has the powers of a civil court.
• Authority to grant interim relief
• Authority to recommend payment of compensation or damages
• NHRC has unique mechanism with which it also monitors implementation of its various
recommendations.

11
Composition

The act lays down the qualifications that the members are required to have, to be eligible to be
appointed to the Commission.
Section 3 of the Act lays down that the Commission shall consist of:

 A Chairperson
 One Member who is, or has been, a Judge of the Supreme Court of India
 One Member who is, or has been, the Chief Justice of a High Court
 Two Members to be appointed from among persons having knowledge of, or practical
experience in, matters relating to human rights
 In addition, the Chairpersons of four National Commissions of ( [Link] [Link]
[Link] [Link]) serve as ex officio members

Appointment

The Chairperson and the Members of the Commission are appointed by the President of India,
on the recommendations of a Committee consisting of:

 The Prime Minister (chairperson)

 The Home Minister
 The Leader of the Opposition in the Lok Sabha
 The Leader of the Opposition in the Rajya Sabha
 The Speaker of the Lok Sabha
 The Deputy Chairman of the Rajya Sabha

The most important development in India is the creation of the National Human Rights
Commission on 29th September 1993 as the result of an ordinance promulgated by the
President. Subsequently in the following year, the act of the Parliament provided this body a
statutory status.

Composition:

The National Human Rights Commission (NHRC) is consisting of a chairperson and seven
other members. Out of the seven members, three are ex-officio members and four others are
appointed by the President on the recommendation of a Selection Committee. The Committee
is consisting of the Prime Minister who is the chairman of this Committee, Union Home
Minister, Deputy Chairman of the Rajya Sabha, Speaker of the Lok Sabha and the Leaders of
the Opposition in both the Houses of Parliament.

The members of the NHRC are as follows:

ADVERTISEMENTS:

12
1. The Chairperson is a retired Chief Justice of the Supreme Court.

2. One member is either a working or a retired judge of the Supreme Court.

3. One member is either a working or a retired Chief Justice or a judge of a High Court.

4. Two persons having knowledge or practical experience in matters relating to Human Rights.

ADVERTISEMENTS:

Besides them, the Chairpersons of the National Commission for Scheduled Castes and
Scheduled Tribes, National Commission for Minorities and National Commission for Women
shall be its ex-officio members.

Tenure: TENURE

The Chairperson and the members of the NHRC have a tenure of five years. But if any
member attains the age of 70 years before the completion of his tenure, he or she has to retire
from the membership.

Removal: REMOVAL

The Chairperson or any other member of this commission can be removed by the President
even before the expiry of their full term. They can be removed only on the charge of proved
misbehavior or incapacity or both, if it is proved by an inquiry conducted by a judge of the
Supreme Court. The headquarters of the commission is at New Delhi. However, with the
permission from the government, it can establish offices at other places in India.

Powers and Functions of National Human Rights

Commission:
The Commission performs the following functions, namely:

Inquire, suo motu or on a petition presented to it by a victim or any person on his behalf, into
complaint of

a) violation of human rights – this is extremely obvious

b) negligence in the prevention of such violation, by a public servant.
c) intervene in any proceeding involving any allegation of violation of human rights pending
before a court with the approval of such court.

13
d) visit, under intimation to the State Government, any jail or any other institution under the
control of the State Government, where persons are detained or lodged for purposes of
treatment, reformation or protection to study the living conditions of the inmates and make
recommendations.
e) review the safeguards provided by or under the Constitution or any law for the time being in
force for the protection of human rights and recommend measures for their effective
implementation.
f) review the factors, including acts of terrorism that inhibit the enjoyment of human rights and
recommend appropriate remedial measures.
g) study treaties and other international instruments on human rights and make
recommendations for their effective implementation.
h) undertake and promote research in the field of human rights.
i) spread human rights literacy among various sections of society and promote awareness of
the safeguards available for the protection of these rights through publications, the media,
seminars and other available means.
j) encourage the efforts of non-governmental organisations and institutions working in the
field of human rights.

Powers relating to inquiries

1. Power of civil court

2. Legaaly bound
3. Can seize documents
4. Transfer to sc

1 The Commission shall, while inquiring into complaints under this Act, have all the powers
of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular in
respect of the following matters, namely :

(a) summoning and enforcing the attendance of witnesses and examining them on oath;

(b) discovery and production of any document;

14
(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses or documents;

(f) any other matter which may be prescribed

(2) The Commission shall have power to require any person, subject to any privilege which
may be claimed by that person under any law for the time being in force, to furnish
information on such points or matters as, in the opinion of the Commission, may be useful for,
or relevant to, the subject matter of the inquiry and any person so required shall be deemed to
be legally bound to furnish such information within the meaning of section 176 and section
177 of the Indian Penal Code.
The commission has the power to legally bound the person to furnih such information which is
essential for the purpose of investigation of matter.

(3) The Commission or any other officer, not below the rank of a Gazetted Officer, specially
authorised in this behalf by the Commission may enter any building or place where the
Commission has reason to believe that any document relating to the subject matter of the
inquiry may be found,
and may seize any such document or take extracts or copies therefrom.

(6) Where the Commission considers it necessary or expedient so to do, it may, by order,
transfer any complaint filed or pending before it to the State Commission of the State from
which the complaint arises, for disposal in accordance with the provisions of this Act;
Provided that no such complaint shall be transferred unless the same is one respecting which
the State Commission has jurisdiction to entertain the same.
The commission also has power to transfer complaint pending before it to state
commission for dispsoal whenever it finds it necessary acc to provision of this Act. It
shall be transferred to such state which has jurisdiction over it.

ARMED FORCES

Conclusion

5. ICCPR
[Link]

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty
adopted by the United Nations General Assembly through GA. Resolution 2200A (XXI) on 16

15
December 1966, and in force from 23 March 1976 The covenant commits its parties to respect
the civil and political rights of individuals, including the right to life, freedom of religion,
freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair
trial.[2] As of August 2017, the Covenant has 172 parties and six more signatories without
ratification.[1]

The ICCPR is part of the International Bill of Human Rights, along with the International
Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration
of Human Rights (UDHR).[3]

The ICCPR is monitored by the United Nations Human Rights Committee (a separate body to
the United Nations Human Rights Council), which reviews regular reports of States parties on
how the rights are being implemented. States must report initially one year after acceding to
the Covenant and then whenever the Committee requests (usually every four years). The
Committee normally meets in Geneva and normally holds three sessions per year.

[Link] are ‘civil and political rights’?

Civil rights are the rights that people have in a society to equal treatment and equal
opportunities, whatever their race, sex, or religion.

 Civil rights include the ensuring of peoples' physical and mental integrity, life, and
safety;
 protection from discrimination on grounds such as race, gender, sexual orientation,
national origin, color, age, political affiliation, ethnicity, religion, and disability;[1][2][3]
and
 individual rights such as privacy and the freedoms of thought, speech, religion, press,
assembly, and movement.

Political rights are the rights that involve participation in the establishment or administration
of a government and are usually held to entitle the adult citizen to exercise of the franchise, the
holding of public office, and other political activities

Political rights include natural justice (procedural fairness) in law, such as the rights of the
accused, including the

 right to a fair trial; due process;

 the right to seek redress or a legal remedy; and
 rights of participation in civil society and politics such as
 right to petition,
 the right of self-defense, right to vote.

16
 2. Who keeps an eye on the ICCPR?

The ICCPR is monitored by the United Nations Human Rights Committee (a separate body to
the United Nations Human Rights Council), which reviews regular reports of States parties on
how the rights are being implemented.

States must report initially one year after acceding to the Covenant and then whenever the
Committee requests (usually every four years).

The Committee normally meets in Geneva and normally holds three sessions per year.

The ICCPR establishes the Human Rights Committee which oversees commitment to the
ICCPR. The Committee has 18 members made up of nationals from states parties who act as
independent experts. They must have ‘high moral character’ and a ‘recognised competence in
the field of human rights.’

4. Objecives of ICCPR

 Right to physical integrity

The main objective of ICCPR is to protect physical integrity of human beings which includes
right to life, protection against torture and abolition of slavery provided under article 6,7,8
respectively

 Liberty and security of person

Another objective is to protect liberty and security of person. It aims at prohibiting arbitrary
arrest and detention, treating prisoners with dignity and humanity and also it requires It
requires prisons to be focused on reform and rehabilitation rather than punishment.

 Procedural fairness and rights of accussed

It aims at providing fair trail and equality before law. The concept is given in Art 14,15,16 of
ICCPR respectively

 Individual liberties

The objective is to provide all human bings with freedom of movement, religion, thought,
speech, assembly and association.

 Political rights

The objective is to protect political rights of people such as etc.

17
[Link] of ICCPR

 To protect civil rights

 To protect political rights
 To promote peace
 To protect int of people

6. Most Important Differences between ICCPR and ICESCR

5 Most Important Differences between ICCPR and ICESCR are given below:

ICCPR:

1. ICCPR represents and protects the human rights of first generation.

2. It explains human rights pertaining to cultural and political rights (i.e. not to torture, not to
show discrimination, etc.).

ADVERTISEMENTS:

3. The rights incorporated in ICCPR are negative in character just like the provisions in the
penal code of a municipal law. The Indian Penal Code defines and narrates different offences,
which are prohibited. In the similar way ICCPR defines and narrates certain things not
supposed to be done by the States.

4. The judicial remedies are provided to the aggrieved persons, in cases their civil and political
rights are violated by the State. The aggrieved person can claim before the Central Human
Rights Commission, Human Right Court, State Human Right Commission or other domestic
tribunals.

5. The provisions of ICCPR are similar to the provisions of Fundamental Rights in the Indian
Constitution, violation o* which gives rise to judicial remedies.

ICESCR:

1. ICESCR represents and protects the human rights of ‘second generation’.

ADVERTISEMENTS:

2. It explains human rights pertaining to economic, social and cultural rights (e.g. to provide
adequate housing, trade unions social security, medical facilities, etc.).

18
3. The rights incorporated in ICESCR are positive in character. It shows the ways to the State
to implement certain programmes to uplift the living standards of human beings and to protect
the human culture. These are similar to the Directive Princip’°s of state policy (Part- Ill) of our
Constitution.

4. There is no scope of judicial remedies. (There is no scope of judicial remedies in case of

Directive Principles of State Policy of our Constitution. The Court cannot force the State to
implement the provisions of part-IV.)

5. The provisions of ICESCR are similar to the provisions of the Directive Principles of State
Policy in the Indian Constitution, non- implementation of which cannot give rise to judicial
remedies.

[Link] AND Indian Constitution

[Link] and effects

The International Covenant on Civil and Political Rights has 167 states parties, 67 by
signature and ratification, and the remainder by accession or succession. Another five states
have signed but have yet to ratify the treaty.[1]

 Australia

The Covenant is not directly enforceable in Australia, but its provisions support a number of
domestic laws, which confer enforceable rights on individuals. For example, Article 17 i.e.
right to privacy of the Convention has been implemented by the Australian Privacy Act 1988.
Ireland

 .New Zealand

New Zealand took measures to give effect to many of the rights contained within it by passing
the New Zealand Bill of Rights Act in 1990.

 United States

Reservations, understandings, and declarations

The United States Senate ratified the ICCPR in 1992, with five reservations, five
understandings, and four declarations. Some have noted that with so many reservations, its
implementation has little domestic effect. It is not a self executing covenant.

Basic right in ICCPR

19
  Right to freedom(art 18,19,21,22)

Of speech and expression,assembly, movement, to practice occupation of one’s choice,to form

associations

 Right to self determination(Art 1

 Right to life(Art 678)

It includes that death punishment shall be given only where crime is of such nature that no
other punishment is suitable. It also includes abolition of slavery, freedom from torture and
degrading treatment.

All peoples have the right of self-determination. By virtue of that right they freely determine
their political status and freely pursue their economic, social and cultural development.

 Equality before law(Art 14)

Everyone charged with a criminal offence shall have the right to be presumed innocent
until proved guilty according to law.

 Right to have family(art 23)

. The family is the natural and fundamental group unit of society and is entitled to protection
by society and the State. The right of men and women of marriageable age to marry and to
found a family shall be recognized. No marriage shall be entered into without the free and full
consent of the intending spouses. States Parties to the present Covenant shall take appropriate
steps to ensure equality of rights and responsibilities of spouses as to marriage, during
marriage and at its dissolution. In the case of dissolution, provision shall be made for the
necessary protection of any children.

FIRST OPTIONAL PROTOCOL

SECOND OPTIONAL PROTOCOL.

[Link]
6. NGO AND HR

Human Right and NGO

Human rights as the ‘Rights relating to life, liberty, equality, and dignity of individuals guaranteed by
the constitution or embodied in international covenants and enforceable by the courts in India’[]

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The term non-governmental or, more accurately non-profit is normally used to cover the range of
organizations which go to make up civil society. Such organizations are characterized, in general, by
having as the purpose of their existence something other than financial profit. However, this leaves a
huge multitude of reasons for existence and a wide variety of enterprises and activities. NGOs range
from small pressure groups on, for example, specific environmental concerns or specific human rights
violations, through educational charities, women's refuges, cultural associations, religious
organizations, legal foundations, humanitarian assistance programs.[]The Economic and Social
Council may make suitable arrangements for consultation with nongovernmental organizations which
are concerned with matters within its competence. Such arrangements may be made with
international organizations and, where appropriate, with national organizations after consultation
with the Member of the United Nations concerned.

NGO’s have a vital role to play in the promotion and protection of human right specially in the
developing country, has the largest number of NGO’s whose activates are spared in different fields for
the welfare of human being including the promotion and protection of human right.

Role of NGO
“The 21st Century will be an era of NGOs.” — Kofi Annan, Former UN Secretary General
The world conference on human right was held in Vienna in Austria in 1993, with objective “to review
and assess the progress made in the field of human right”. The resolution no 38 of the declaration
stated –the world conference on human right recognizes the important role of Non Government
Organization in the promotion of all human right and in humanitarian.

NGO organization have functioned as the conscience of the national in the field of human right by
taking prompt action to investigate the instance human right by undertaking and the spot studies and
publishing the observations.

NGOs play a pivotal, role in many fields, such as in prevention of HIV/AIDS, to educate to teach and
train vulnerable groups, child care, child exploitation, child labour, bonded labour, in sex tourism, and
providing counselling in number of matters including domestic disputes, subject relating to rights of
women and children and so on.

Among the wide variety of roles that NGOs play, the following are important
The Social Welfare Role - where relief and charity are key actions. NGOs in this role can be seen as
initiating internal programs and projects.

The Mediatory Role - where communication as a skill is important for development and social action.
NGOs in this role can be seen as participating or taking up external programs and projects.

The Consultative Role - where support documentation and dissemination of information and
expertise is critical. NGOs in this role can be seen as working in collaborative programs. Local
experts/professionals/resource persons play major secondary roles.

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Development and Operation of Infrastructure: Community- based organizations and cooperatives
can acquire, subdivide and develop land, construct housing, provide infrastructure and operate and
maintain infrastructure such as wells or public toilets and solid waste collection services.

Supporting Innovation, Demonstration and Pilot Projects: NGO have the advantage of selecting
particular places for innovative projects and specify in advance the length of time which they will be
supporting the project - overcoming some of the shortcomings that governments face in this respect.

Facilitating Communication: The significance of this role to the government is that NGOs can
communicate to the policy-making levels of government, information about the lives, capabilities,
attitudes and cultural characteristics of people at the local level. NGOs can facilitate communication
upward from people to the government and downward from the government to t he people.

Technical Assistance and Training: Training institutions and NGOs can develop a technical assistance
and training capacity and use this to assist both CBOs and governments.

Research, Monitoring and Evaluation: Innovative activities need to be carefully documented and
shared - effective participatory monitoring would permit the sharing of results with the people
themselves as well as with the project staff.

Advocacy for and with the Poor:

In some cases, NGOs become spokespersons or ombudsmen for the poor and attempt to influence
government policies and programs on their behalf. This may be done through a variety of means
ranging from demonstration and pilot projects to participation in public forums and the formulation
of government policy and plans, to publicizing research results and case studies of the poor. Thus
NGOs play roles from advocates for the poor to implementers of government programs; from
agitators and critics to partners and advisors; from sponsors of pilot projects to mediators.[]
Role of NGO at International level in protecting human right

At the international level, the status of human rights is watched by many NGOs. Amnesty
International is one such organization. This Organization is dedicated to publicizing violation of human
rights, especially freedom of speech and religion and right of political dissent. It also works for the
release of political prisoners and, when necessary, for the relief of their families. For its commendable
services in the field of human rights, Amnesty International was awarded the Nobel Prize for peace in
1977.[]

International NGOs
Australia Asia Worker Links:
It is an Australian non-government organization active since 1979, established to forge international
labour movement links in the Asia-Pacific region. AAWL supports union, human, indigenous and

22
women’s rights, promoting solidarity between unions and advocating for improvements in corporate
citizenship in the region. Its office is in the Victorian Trades Hall Council building, Melbourne. AAWL
has conducted solidarity exchanges and study tours in many countries including South Korea, China,
India, Nepal, Sri Lanka, Malaysia, Thailand, Vietnam, Philippines, Papua New Guinea, and Japan.-
The Fred Hollows Foundation
It is a non-profit, community-based, non-government development aid organization that focuses on
treating and preventing blindness and other vision problems. It operates in Australia, The Pacific,
South and South East Asia, and Africa.

Khanya College
It is an independent non-governmental organisation based in Johannesburg, South Africa. Established
in 1986, the primary aim of Khanya College is to assist various constituencies within working class and
poor communities to respond to the challenges posed by the forces of economic and political
globalisation. The motto of the organization is “Education for Liberation”. The Khanya College offices
are located at 123 Prichard Street, downtown Johannesburg.

Legal Resources Centre

The Legal Resources Centre (LRC) is a human rights organization based in South Africa with offices in
Johannesburg (including a Constitutional Litigation Unit), Cape Town, Durban and Grahams town. The
LRC employs over 65 lawyers specializing in public-interest law.

Amnesty international
It is an international Nongovernmental organization which was started in 1961. Peter Benenson an
advocate wrote an article in the observer news paper and started a campaign appeal for amnesty
because two students who raised a toast for independence were arrested; this was the reason for
writing the article. At present Irene Khan is the secretary general of the organization. Amnesty
international have over 2 million subscribers and supporters who fight for protection of human rights.

Cool Earth
It is a UK based international non-governmental organization that protects endangered rainforest to
combat global warming, protect ecosystems and provide sustainable jobs for local people. Cool Earth
also refers to a Japanese program generally called the “Cool Earth Partnership,” inaugurated in 2007.
Cool Earth protects and secures rainforest under imminent threat of destruction, working with other
NGOs.

Human Rights Foundation

The Human Rights Foundation (HRF) is a non-profit organization whose stated mission “is to ensure
that freedom is both preserved and promoted” in the Americas. [The Human Rights Foundation was
founded in 2005 by Thor Halverson. Its head office is in New York City, New York, USA. Its definition of
human rights focuses on the essential ideals of freedom of self-determination and freedom from
tyranny and the rights of property.

23
Role of NGO at national level in protecting human right
NGO’s having played the role of development factor has been crucial as service providers. In the
development sector, many NGO’s have moved ahead or gap filling initiatives to capacity building
activities. Some example as follow:
Sulabh Movement: It is a major social movement in the country for the betterment and welfare of
Dalits, in a generic sense, and in particular for the liberation and social mainstreaming of scavengers.
Child Relief and You (CRY): It is a voluntary organisation committed to the upliftment of millions of
children who have been deprived of their childhood due to various reasons.
Campaign Against Child Labour (CACL): The campaign against child labour is a joint initiative of Youth
for Voluntary Action (YUVA), Pune and Tere des Hommes (Germany) India Programme. The Campaign
is currently supported by ILO and is actively working for progressive eradication of child labour
through provision of education, organisation of awareness programmes, promotion of legislative
changes and rescuing children in bondage or victims of abuse.

Organisations like Saheli and Chetna are actively involved in the protection of Women’s Rights. They
provide free legal aid to women to fight for their rights against gender bias and discrimination.
Butterflies are an NGO with a programme for street and working children. It was started in 1988 and
its activities include non-formal education, saving schemes for children, vocational training, holding
Bal Sabhas, and creating awareness for children’s rights, Bal Mazdoor Union, networking with other
NGOs and research and documentation. The researcher is going to look in to some important national
level NGOs in India.

Ramakrishna Mission Home of Service:

It is an Indian non-governmental organization established in Varanasi , established in 1900 and
became a branch of Ramakrishna Mission in 1902. It manages an education program on essential
health problems in schools, slums and villages of Uttar Pradesh (India) thanks to auto produced
multimedia educational films.

People’s Union for Civil Liberties:

It is a prominent civil rights organization in India. It was formed in 1976 by veteran socialist and
campaign leader Jaya Prakash Narayan, who launched it as the People’s Union for Civil Liberties and
Democratic Rights (PUCLDR), it Was originally intended to be an organization free from political
ideologies, bringing those concerned about defending civil liberties and human rights from different
backgrounds onto a common platform.

People’s Union for Democratic Rights:

It came into existence in 1976-77 as the Delhi unit of a larger national forum, and became PUDR on 1
February, [Link] the last two and a half decades of its existence the organisation has taken up
hundreds of instances of violations of democratic rights, covering most parts of the country and
involving the rights of many sections of society. PUDR conducts investigations, issues statements,

24
distributes leaflets, organizes public meetings, demonstrations and dharnas, and fights legal cases to
highlight the violation of people’s rights, and to help towards their redressal. PUDR also takes up
issues of general importance that affect the rights of people through general campaigns, publications
and legal interventions. These include: gender equality; rights of forest-dwellers and forest policy;
working class rights; agrarian conflict; caste oppression; deaths, rapes and torture in police custody;
and undemocratic legislation, in particular the various incarnations of the ‘terrorist act’ (TADA and
POTA) etc.

Child Rights and You:

Rights and You (formerly Child Relief and You, till 2005), commonly abbreviated as CRY is a non-profit
organization in India that aims to restore children’s rights in India. The organization was established in
1979. The organization partners with grass-roots Nongovernmental organizations to uplift thousands
of Indian children denied basic children’s rights In 2007, its media campaign showing “smiling kids”
and asking citizens to partner instead of simple donate, was seen as departure from stereotypical
NGO sector advertising in India

Bandhua Mukti Morcha:

Bandhua Mukti Morcha (BMM) or Bonded Labour Liberation Front (BLLF) is a non-governmental
organisation in India working to end bonded labour. Based in New Delhi, it was founded in 1981 by
Swami Agnivesh who continues as its chairman. Bonded labour was legally abolished in India in 1976
but it remains prevalent, with weak enforcement of the law by state governments. Estimates of the
problem vary. Official figures include a 1993 estimate of only 251,000 bonded labourers while BMM
says there are 65 million bonded child labourers, and a larger number of adults. A 2003 project by
Human Rights Watch has reported a major problem with bonded child labour in the silk industry,
BMM’s efforts are credited with the passing of legislation to abolish child labour in India (the Child
Labour (Prohibition and Regulation) Act 1986.

The list of NGOs is by no means exhaustive. There are many other organisations working for the cause
of human rights. The work of five organisations is reported here by way of illustration only.
Role of NGOs in protecting Human Right through Judiciary and NHRC

NGOs have played an important role in the protection of human rights. They cannot succeed in their
role unless there is help from the judiciary. The NGOs help the victim of human right violation by
providing them assistance and advice. The NGOs have filed cases, writ petitions and public interest
litigation on behalf of victims and public at large for protection of human rights. The NGOs have
fought against the system of bonded lab our, fake encounters by police, protection of women
children’s rights, custodial violence and custodial death, prevention of torture and other in human
practices. The judiciary has passed appropriate order and given compensation to the victims on a
petition by the NGOs. The NHRC encourages NGOs in the of human rights. The NGOs also take up
cases of violation to the NHRC and state human rights commissions.

25
The following are some examples in which NGO take an action in court for protecting human right:
# Vishaka & Ors vs State of Rajasthan & Ors
# Peoples’ Union For Democratic Rights V. State Of Bihar & Ors (19 December 1986)
# Bandhua Mukti Morcha vs Union Of India & Ors (16 December 1983)
# Saheli V/S Commissioner Of Police
# People’s Union for Democratic Rights V/s Police commissioner Delhi, head quarters 1989 4 SCC 730.

Conclusion:
Peace, development and human rights are essentially inter-related, inter-dependent and indivisible.”
–
The NGO play important role to become a concrete expression of international, national and regional
and local level voice to assist and stand up for those who can’t speak themselves. Every human being
is entitled to certain basic human rights which are available to them without discrimination of any
sort human rights are protected by the United Nations and its specialized agencies. In India human
rights are protected by the judiciary, human rights commissions, apart from these organizations the
Non Governmental organizations also have an important role in protection of human rights. The Non
Governmental organizations work from grass roots level to the national and international level in the
protection of human rights.

Contribution of NGOs towards the development of Human Rights

* They mobilize public opinion.
* They contribute a lot to the society.
* They pressurize the government on certain issues, such as protection of prisoners rights, torture
etc.
* They approach the judiciary on behalf of poor people who otherwise have no access to justice.
* They ask for submission of certain reports.
* The play a special role especially in the developing countries for the development of human rights.

Suggestions:
* NGOs need to expand their programmes, campaigns, skits from yearly or bi-yearly to monthly.
Frequent programmes increase the awareness of human rights even more than yearly.
* NGOs also need to get more aid both from foreign and within India which will be useful to carry out
their cause.
* NGOs must have clear goals and priorities, they should define what they are trying to achieve as
clearly as possible. They should think strategically and assess how short term goals fit in with long
term ones.
* NGOs must have a clear written work plan for both individual and staff activities. Plan reminds
people of what the goals are, it helps keep things on track and with major projects or campaigns it
helps people see where they fit into big picture.

26
10. Origin and development of HR

The United Nations Centre for Human Rights defines Human Rights as “those rights
which are inherent in our nature and without which we cannot live as human beings”
The Universal Declaration of Human Rights which adopted on Dec.10th 1948,
defines
human rights as “rights derived from the inherent dignity of human person”

Subhash C Kashyap opined that 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 being owes to every other
human being and as such represent universal moral obligation”.

THEORIES OF ORIGIN
i) The Philosophical or Theoretical Approach:
The philosophised or theoretical approach has been categorized in five more theories to
explain the rights of man. These are
a) The Natural Rights Theory:
According to this theory the human rights are inherent in the very nature of human being.
Humans posses these rights because of the very fact that it is a human, a whole, a master, a
master of itself and of its acts by natural law.^ Therefore, the growth of concept of the 'Rights
of Man' has been closely associated with the traditional natural law theories, as a matter of fact
the notion of individual rights has never been projected as a special feature in these theories,
and law as such implies both duties and rights.-* As such, duties and rights are co-related with
each other. D. D. Raphael has rightly observed that, "The rights are rights against other
people, and the duties are duties to other people. Thus a system of natural law, a system
of duties which all men have to others, is at the same time a system of rights which all
men have against others".
b) The legal Right Theory:
The theory of natural rights has been criticized by many scholars, and in turn advocates in
favour of the legal rights theory. According to this theory, the rights are the creation of state.
As such, they are neither absolute nor inherent in the nature of man. All rights such as right to
life, liberty or property are artificially created by the law of the land. These fundamental rights
are the right of self-preservation, which can be protected by state only in better manner than
by any other means/ This theory extended that these rights can be recognized by the state only
for its enforcement, and if state cannot recognize it, it cannot be enforced.
c) The Historical Theory of Rights:
The historical theory maintains that the rights are the creation of historical process. A long-
standing custom in the course of time concretize in the specific form of right. Ritchie's
comments in this context, that, " those rights which people think they ought to have
are just those rights which they have been accustom to have, or which they have a 'tradition'
(whatever true or false) of having once possessed. Custom is primitive law".
d) The Social Welfare Theory of Rights:

27
This theory is also known as the Social Expediency theory. The advocates of this theory are of
the opinion that law, custom and natural rights all are conditioned by social expediency.' The
social welfare theory has played important role in the development of number of human rights.
As such, large number of social rights and economic rights have been incorporated in the
Universal Declaration of Human Rights.”
e) The Idealistic Theory of Rights;
The idealistic theory of rights is also known as personality theory of rights. This theory insists
on the inner developments of man, on the development of his full potentiality. Hence, it treats
rights of personality as a supreme and absolute right. According to this theory all other rights
have been denied from right of personality and are conditioned by it.
ii) Pragmatic Approach:
Besides, philosophical or theoretical approach, another way to look at the meaning and nature
of human rights is pragmatism. Every right whether perceived as inalienable or otherwise can
have validity and effectiveness only through some process or institution. Thus it cannot be
defined without reference to some institutional structure. As a room cannot be defined without
reference to the walls. So Human Rights cannot be defined without reference to
institutional settings, therefore, it is important that there exists an internally agreed upon
catalogue of human rights, which should be minimal definitional guide to understand the
essence of human rights and fundamental freedom.
Development of HR
1. Magnacarta
Generally it is said that the struggle for human rights started in the Western world sometimes
in the begining of 13th century, when the great English Charter known as Magna Carta was
issued but the fact is that this struggle had started even 200 years prior to the issue of this
charter determining the rights of the parliament in 1037 C.E.. the term human rights came
somewhat late in the vocabulary of mankind. It is a twentieth century name for what has been
traditionally known as 'natural rights' or the 'rights of man'.

2. French Declaration of HR
The term naturasl right or right of man was first used by Thomas Paine in the English
translation of the 'French Declaration of the Rights of Man and Citizen'. The term natural law
was subsequently replaced as it had become a matter of great controversy and the phrase 'the
rights of man' was found unsuitable as it was not universally understood to include the rights
of women.

3. ILO and other conventions

International human rights laws were considered as an attack upon the concept of state
sovereignty. No doubt, there were exceptions to the above rule which included the adoption of
the Slavery Conventions of 1926 and the establishment in 1919 of the International labour
Organization and its subsequent activities. The covenant of the League of Nations adopted at
the end of First World War was silent on the issue of human rights.

4. Period of world war

Violation of human rights was considered as a source of international conflict and protection
of human rights was regarded as necessary for international peace. This conviction was

28
reflected in the proclamation issued by President Franklin D. Roosevelt on January 6, 1941
which came to be known as 'Four Freedoms',( freedom of speech, freedom of religion,
freedom from want and freedom from fear). In his message he declared; "freedom means the
supremacy of human rights everywhere. Our support goes to those who struggle to gain these
rights or Iceep them". The same efforts for the creation of an international organization, in
order to establish peace, were being made even when the World War II was in progress. A
number of conference and meetings were held) before the United Nations, an international
organization was established in 1945.

When world war 2 was in progress efforts were made that an intenational organisation should
be established so as to promote peace in the world. Finally on 24 october. 1945 UN officialy
came into existence
5. 'International Bill of Human Rights'
The General Assembly on December 10, 1948 through a resolution adopted an 'International
Bill of Human Rights' known as 'Universal Declaration of Human Rights 'The resolution was
adopted without dissent by forty votes with eight states abstaining The Declaration consisted
of thirty articles besides a preamble.
Although, the General Assembly proclaims this "Universal Declaration of Human Rights" as a
common standard of achievement for all people and all nations. However, it was not legally
binding on die states.
The fact is that UDHR was not intended to be legally binding on the member states, the
commission on Human Rights in 1947, while considering the preliminary draft of Universal
Declaration of Human Rights prepared by the drafting committee, decided to draw up a
separate covenant which would be covenant on such specific rights as would lend themselves
to binding legal obligations.
The documents were to be known as International Covenant on Human Rights.

 ICCPR

The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the
United Nations General Assembly through GA. Resolution 2200A (XXI) on 16 December 1966, and
in force from 23 March 1976 consist of 53 articles and is divided into six parts, while in part
1, II and III various rights and freedoms are enumerated, the other three parts are devoted
with implementation procedures for effective realization of those rights along with the
final clauses.

 ICESCR

The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty
adopted by the United Nations General Assembly on 16 December 1966 through GA. Resolution
2200A (XXI), and came in force from 3 January 1976. It has 31 articles divided into 5 parts. the
right to health, the right to education, and the right to an adequate standard of living. As of
September 2018, the Covenant has 169 parties.[3] A further four countries, including the United
States, have signed but not ratified the Covenant.

29
  First optional Protocol

it was adopted by the UN General Assembly on 16 December 1966, and entered into force on 23
March [Link] first Optional Protocol to the ICCPR allows individuals, whose countries are party to
the ICCPR and the protocol, who claim their rights under the ICCPR have been violated, and who have
exhausted all domestic remedies, to submit written communications to the UN Human Rights
Committee.

 Second Optional Protocol

It was created on 15 December 1989 and entered into force on 11 July 1991. As of September
2018, the Optional Protocol has 86 states parties. The Optional Protocol commits its members to
the abolition of the death penalty.

30
31