HUMAN RIGHTS NOTES 1

1] Kangaroo court is an informal pejorative term for a court that ignores

recognized standards of law or justice, carries little or no official standing in the
territory within which it resides, and is typically convened ad hoc

2] The United Nations Declaration on the Rights of Indigenous

Peoples (UNDRIP) was adopted by the General Assembly on
September 13, 2007.

The Declaration covers all areas of human rights as they relate

to Indigenous peoples. This includes the fundamental and
foundational human rights of Indigenous peoples which can be
categorised into four key principles:

 self-determination
 participation in decision-making
 respect for and protection of culture
 equality and non-discrimination

3] The Bonded Labour System (Abolition) Act, 1976 is an

Indian law enacted to end the practice of bonded labour across the
country and free people from various kinds of bonded labour. The
law also sought to prevent the physical and economic exploitation of
the marginalised. The Act was enacted to ensure equality and right
to life as enshrined under the Indian Constitution.

4] United Nations Declaration on the Rights of Disabled

Persons, statement adopted by the United Nations (UN)
General Assembly on December 9, 1975. In essence, the
Declaration on the Rights of Disabled Persons states that all
persons with disabilities have the same rights as other
persons.

5] On December 20, 1971, the General Assembly

proclaimed the Declaration on the Rights of Mentally
Retarded Persons, which states, using the parlance of the
times, that “the mentally retarded [i.e., intellectually or
developmentally disabled] person has, to the maximum
degree of feasibility, the same rights as other human
beings.”

6] The doctrine of prospective overruling was first recognised in

America in the early 1900s when the legal jurisprudence in the country
shifted from the age-old Blackstonian theory. The doctrine slowly
developed in America and was soon accepted by English jurists and
English Courts. It was recognised and adopted in India for the first time by
the Supreme Court in the case of I.C Golaknath vs. the State of Punjab
(1967).

7] The Universal Periodic Review (UPR) is a unique

mechanism of the Human Rights Council that calls for
each UN Member State to undergo a peer review of its
human rights records every 4.5 years.

8] The Convention on the Elimination of all Forms of Discrimination

Against Women (CEDAW) is an international treaty adopted in 1979 by
the United Nations General Assembly. Described as an international bill
of rights for women, it was instituted on 3 September 1981 and has
been ratified by 189 states.

9] The Committee on Economic, Social and Cultural Rights (CESCR)

is a United Nations treaty body entrusted with overseeing the implementation
of the International Covenant on Economic, Social and Cultural Rights (ICESCR).
It is composed of 18 experts. It meets (usually twice per year), CESCR
Members are elected for a term of four years by the ECOSOC, in
accordance with ECOSOC Resolution 1985/17 of 28 May 1985.

10] The European Court of Human Rights (ECtHR), also known as

the Strasbourg Court, is an international court of the Council of
Europe which interprets the European Convention on Human
Rights (ECHR).

11] The European Convention on Human Rights (ECHR; formally

the Convention for the Protection of Human Rights and Fundamental
Freedoms) is an international convention to protect human
rights and political freedoms in Europe. Drafted in 1950 by the then
newly formed Council of Europe, the convention entered into force on 3
September 1953.
12] The Inter-American Court of Human Rights (IACHR or IACtHR) is
an international court based in San José, Costa Rica. Together with
the Inter-American Commission on Human Rights, it was formed by
the American Convention on Human Rights, a human rights
treaty ratified by members of the Organization of American States (OAS).
established in 1979.
13] The Permanent Court of International Justice (PCIJ) was an
international court attached to the League of Nations. It was established
by the Covenant of the League of Nations, the treaty that founded the
League of Nations after World War I. The PCIJ existed from 1922 to
1946 and was the predecessor of the International Court of Justice, the
main judicial organ of the United Nations.

14] CONVENTION ON THE PRIVILEGES AND IMMUNITIES OF THE UNITED NATIONS,

ADOPTED BY THE GENERAL ASSEMBLY OF THE UNITED NATIONS ON 13 FEBRUARY
1946. Whereas Article 104 of the Charter of the United Nations provides
that the Organization shall enjoy in the territory of each of its Members
such legal capacity as may be necessary for the exercise of its functions
and the fulfilment of its purposes; and Whereas Article 105 of the
Charter of the United Nations provides that the Organization shall enjoy
in the territory of each of its Members such privileges and immunities as
are necessary for the fulfilment of its purposes and that representatives
of the Members of the United Nations and officials of the Organization
shall similarly enjoy such privileges and immunities as are necessary for
the independent exercise of their functions in connection with the
Organization.

15 ] The Office of the United Nations High Commissioner for Human

Rights (OHCHR) is a department of the United Nations Secretariat that
works to promote and protect human rights that are guaranteed under
international law and stipulated in the Universal Declaration of Human
Rights of 1948. The office was established by the United Nations General
Assembly on 20 December 1993 in the wake of the 1993 World
Conference on Human Rights. The United Nations High Commissioner
for Human Rights, accountable to the Secretary-General, is responsible
for all the activities of the OHCHR, as well as for its administration.

16] The Office of the United Nations High Commissioner for

Refugees (UNHCR) is a United Nations agency mandated to aid
and protect refugees, forcibly displaced communities, and stateless
people, and to assist in their voluntary repatriation, local integration
or resettlement to a third country. It is headquartered in Geneva,
[Link] was created in 1950 to address the refugee crisis that
resulted from World War II. The 1951 Refugee Convention established
the scope and legal framework of the agency's work, which initially
focused on Europeans uprooted by the war. The Protocol Relating to the
Status of Refugees is a key treaty in international refugee law. It entered
into force on 4 October 1967, and 146 countries are parties.

17] The International Covenant on Civil and Political Rights (ICCPR) is a

multilateral treaty that commits nations 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. It was adopted by United Nations
General Assembly Resolution 2200A (XXI) on 16 December 1966 and
entered into force on 23 March 1976 after its thirty-fifth ratification or
[Link] 1 ”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”.

18] There are two Optional Protocols to the Covenant. The First Optional
Protocol establishes an individual complaints mechanism, allowing
individuals to complain to the Human Rights Committee about violations
of the Covenant. This has led to the creation of a complex jurisprudence
on the interpretation and implementation of the [Link] Second
Optional Protocol abolishes the death penalty; however, countries were
permitted to make a reservation allowing for use of death penalty for
the most serious crimes of a military nature, committed during wartime.

19] The Dowry Prohibition Act 1961 defines dowry: "Dowry means any
property or valuable security given or agreed to be given either directly
or indirectly - (a) by one party in marriage to the other party in marriage;
or (b) by the parents of either party to a marriage or by any other person
to either party to marriage or to any other persons;at or before or after
the marriage as consideration for the marriage of the said parties, but
does not include dower or mahr in the case of persons to whom the
Muslim Personal law applies

20] The Sexual Harassment of Women at Workplace (Prevention,

Prohibition and Redressal) Act, 2013 is a legislative act in India that
seeks to protect women from sexual harassment at their place of
work. The Act came into force from 9 December [Link] statute
superseded the Vishaka Guidelines for Prevention Of Sexual
Harassment (POSH) introduced by the Supreme Court (SC) of India.
21] The National Commission for Women Act, [Link]
Commission consists of a Chairperson, committed to the cause of
women, five Members from amongst persons of ability, integrity and
standing who have had experience in various fields, and a Member-
Secretary, The main functions of the Commission are to review the
constitutional and legal safeguards for women, recommend remedial
legislative measures, facilitate redressal of grievances, and advise
the Government on all policy matters affecting women,The
Chairperson and every Member hold office for a period not
exceeding three years.

22] Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act,

1994 is an Act of the Parliament of India enacted to stop
female foeticides and arrest the declining sex ratio in India. The act
banned prenatal sex determination. Every genetic counselling centre,
genetic laboratory or genetic clinic engaged in counselling or conducting
pre-natal diagnostics techniques, like in vitro fertilisation (IVF) with the
potential of sex selection (Preimplantation genetic diagnosis) before and
after conception, comes under purview of the PCPNDT Act and is banned

23] Maneka Gandhi v. Union of India, 1978 , was a landmark decision of

the Supreme Court of India in which the Court significantly expanded the
interpretation of Article 21 of the Constitution of India. It overruled A. K.
Gopalan v. State of Madras, which had implied the exclusiveness of
fundamental rights, and established a relationship between Articles 14,
19, and 21 of the Constitution (known as the 'golden triangle' or
'trinity'), holding that a law depriving a person of 'personal liberty' must
not violate any of them. Once again overruling A. K. Gopalan, the Court
in this case held that a 'procedure' under Article 21 of the Constitution
cannot be arbitrary, unfair, oppressive, or unreasonable.
24] The IR Coelho v. State of Tamil Nadu (2007) is one of the most important
judgments of the Supreme Court of India to date. It determined the importance
of judicial review and the powers of the judiciary in this aspect.

25] Naz Foundation v. Govt. of NCT of Delhi (2009) is a landmark

Indian case decided by a two-judge bench of the Delhi High Court, which
held that treating consensual homosexual sex between adults as a crime is a
violation of fundamental rights protected by India's Constitution. The verdict
resulted in the decriminalization of homosexual acts involving consenting
adults throughout India. This was later overturned by the Supreme Court
of India in Suresh Kumar Koushal vs. Naz Foundation, in which a 2
judge bench reinstated Section 377 of the Indian Penal Code. However, even
that was overturned by a 5 judge bench in Navtej Singh Johar v. Union of
India in 2018, decriminalizing homosexuality once again

26] The United Nations Entity for Gender Equality and the
Empowerment of Women, also known as UN Women, is a United
Nations entity charged with working for gender equality and
the empowerment of women. UN Women is charged with advocating
for the rights of women and girls, and focusing on a number of issues,
including violence against women and violence against LGBT people.
formed in 2010.

27] The United Nations Decade for Women was a period from 1975 to
1985 focused on the policies and issues that impact women, such as pay
equity, gendered violence, land holding, and other human rights. It was
adopted December 15, 1975, by the United Nations General
Assembly by Resolution 31/136.

28] On 4 March 1994 the Human Rights Council passed Resolution

1994/45 on the question of integrating the rights of women into
the human rights mechanisms of the United Nations and the
elimination of violence against women. This Resolution established the
mandate of the "Special Rapporteur on Violence Against Women its
causes and consequences".