HUMAN RIGHTS Sri Vidya Mandir Arts & Science College.

UNIT I
HUMAN RIGHTS MEANING.
Human rights are the basic rights and freedoms that belong to every person in the world, from
birth until death. They apply regardless of where you are from, what you believe or how you choose to
live your life.
They can never be taken away, although they can sometimes be restricted – for example if a person
breaks the law, or in the interests of national security.
There are a variety of human rights, including:
 Civil rights (such as the rights to life, liberty and security),
 Political rights (like rights to the protection of the law and equality before the law),
 Economic rights (including rights to work, to own property and to receive equal pay),
 Social rights (like rights to education and consenting marriages),
 Cultural rights (including the right to freely participate in their cultural community),
 Collective rights (like the right to self-determination).

WHAT ARE HUMAN RIGHTS?

Human rights are rights inherent to all human beings, regardless of race, sex, nationality,
ethnicity, language, religion, or any other status. Human rights include the right to life and liberty,
freedom from slavery and torture, freedom of opinion and expression, the right to work and
education, and many more. Everyone is entitled to these rights, without discrimination.
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 by General Assembly resolution 217 A (III) 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. Since its
adoption in 1948, the UDHR has been translated into more than 501 languages – the most translated
document in the world - and has inspired the constitutions of many newly independent States and
many new democracies.
The UDHR, together with the International Covenant on Civil and Political Rights and its two
Optional Protocols (on the complaints procedure and on the death penalty) and the International
Covenant on Economic, Social and Cultural Rights and its Optional Protocol, form the so-called
International Bill of Human Rights.

HISTORY OF HUMAN RIGHTS

The history of human rights has not been entirely progressive. Many established rights would
be replaced by other less tolerant systems. Stable institutions may be uprooted such as in cases of
conflict such as war and terrorism.
The earliest conceptualization of human rights is credited to ideas about natural rights
emanating from natural law.

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The Northeast African civilization of Ancient Egypt supported basic human rights. For example,
Pharaoh Bocchoris (725-720 BC) promoted individual rights, suppressed imprisonment for debt, and
reformed laws relating to the transferral of property.
The first recording of human rights were inscribed by Cyrus the Great, the founder of the
Achaemenid Empire, into the Cyrus Cylinder. The Cyrus Cylinder is a clay tablet created in 539 B.C.
soon after the Achaemenid conquest of the Neo-Babylonian Empire. Additionally it stated the freedom
to practice one's faith without persecution and forced conversions.
The Mauryan Emperor Ashoka, who ruled from 268 to 232 BCE, established the largest empire
in South Asia. Following the reportedly destructive Kalinga War, Ashoka adopted Buddhism and
abandoned an expansionist policy in favor of humanitarian reforms. The Edicts of Ashoka were
erected throughout his empire, containing the 'Law of Piety'. These laws prohibited slavery, religious
discrimination, and cruelty against both humans and animals.
Later documents pertaining to human rights can be referenced in the Constitution of Medina
(622), Al-Risalah al-Huquq (late 7th to early 8th century), Magna Carta (1215), the German Peasants'
War Twelve Articles (1525), the English Bill of Rights (1689), the French Declaration of the Rights of
Man and of the Citizen (1789), and the Bill of Rights in the United States Constitution (1791).
The statute of Kalisz (1264), bestowed privileges to the Jewish minority in the Kingdom of
Poland such as protection from discrimination and hate speech. Samuel Moyn suggests that the
concept of human rights is intertwined with the modern sense of citizenship, which did not emerge
until the past few hundred years.

Precursors of 20th Century Human Rights Documents

Documents asserting individual rights, such the Magna Carta (1215), the English Bill of Rights
(1689), the French Declaration on the Rights of Man and Citizen (1789), and the US Constitution and
Bill of Rights (1791) are the written precursors to many of today’s human rights documents.
Yet many of these documents, when originally translated into policy, excluded women, people
of color, and members of certain social, religious, economic, and political groups. Nevertheless,
oppressed people throughout the world have drawn on the principles these documents express to
support revolutions that assert the right to self-determination.
Contemporary international human rights law and the establishment of the United Nations
(UN) have important historical antecedents. Efforts in the 19th century to prohibit the slave trade and
to limit the horrors of war are prime examples.
In 1919, countries established the International Labor Organization (ILO) to oversee treaties
protecting workers with respect to their rights, including their health and safety. Concern over the
protection of certain minority groups was raised by the League of Nations at the end of the First
World War. However, this organization for international peace and cooperation, created by the
victorious European allies, never achieved its goals.
The League floundered because the United States refused to join and because the League failed
to prevent Japan’s invasion of China and Manchuria (1931) and Italy’s attack on Ethiopia (1935). It
finally died with the onset of the Second World War (1939).

NEED OF HUMAN RIGHTS

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10th December is Human Right’s Day – marking the date when the Universal Declaration of
Human Rights (UDHR) was adopted in 1948. It’s often been said that many of us take our rights and
freedoms for granted.
Well that’s not what human rights are. Human rights offer us safety, freedom and protection.
Here are ten reasons why we NEED human rights legislation, courts, lawyers and campaigners. Of
course, there are hundreds of thousands of reasons and cases but here’s a few to get us going.
1. Slavery, human trafficking and sexual exploitation
Forced labour, imprisonment, prostitution and human trafficking are grave issues.
Slavery may have already been abolished but it’s still going on today – WORLDWIDE.
Human trafficking is the most profitable crime in the world, second only to drugs. It is
also a growing crime in the UK with victims exploited in four main ways – forced labour, sexual
exploitation, domestic servitude and benefit fraud.
2. Violations against freedom of speech, expression, assembly and association
lmagine living in a country where you’re unable to express your own personal and
political beliefs, unable to go on peaceful demonstrations, unable to “hold an opinion”… No
protesting the Syrian war, no protesting benefit cuts, no having your say… Worldwide, it’s
happening – China, Venezuela, Crimea, the USA even… Take Venezuela as an example – 2014
was quoted as being “the worst year for freedom of expression” with 350 cases and 579
violations (the highest figure in 20 years) affecting journalists and those working in the media
as well as members of NGOs, human rights activists and civilians.
As far as the attacks and threats against journalists and photo journalists went, the
report indicated that the majority came while covering public protests. These acts of
aggression included beatings, pellet shots, tear gas attacks, detainments, the confiscation of
cameras and cellphones, the destruction of audiovisual and photographic material, and
intimidation.
This is not an unfamiliar site if you switch on the TV news and do some research.
3. Torture, arbitrary arrest, detention or exile and restrictions against freedom of
movement
Following online and offline activism – peaceful protests, blogging online, newspaper
journalism, political activism – human rights defenders and regime opponents or those simply
in the wrong place at the wrong time could end up being locked up and subject to torture
(physical, emotional, sexual and spiritual abuse/neglect) including sexual assault and
malnutrition. There’s also the case of those who are never brought to trial – whether guilty or
innocent of their supposed crime(s).
Let’s take Guantanamo Bay as an example. May inmates have even never been taken to
trial, are subject to torture and continue to protest their innocence. The latest news story was
that of Shakeer Aamer. Shakeer was imprisoned in Guantanamo for 14 years without trial and
subject to torture. Shakeer always protested his innocence – he was detained when working in
Afghanistan for an Islamic charity. He was recently able to return home to the UK to be with his
family. For the first time in his life he was able to meet his youngest son – aged 14.

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4. Asylum seekers
You’re fleeing religious or political persecution, torture and death, war, genocide – no
safety, no peace, no security, no home… You’re a political opponent, a victim of war, a
persecuted minority… UHCR latest figures state that 57% of the worlds refugees come from
three countries:
• Syria: 6.3 million
• Afghanistan: 2.6 million
• South Sudan: 2.4 million
The conflict in Syria has been and continues to be devastating, as in various other
countries with ongoing conflict. Some asylum seekers however flee their countries for fear of
their life due to political oppression. There are many stories – for example that of Berthe
Patricia Nganga from Congo Brazzaville who fled her country in 2003 and was granted leave to
remain in the UK in 2011.
5. Discrimination and unequal protection before the law
Restrictions of any humans rights based upon race, ethnicity, religion, etc. include:
• The situation of the Roma and their (lack of) rights and provisions regarding housing
and education in Romania.
• The rights of the Rohingya in Myanmar and their lack of citizenship as just one example
– how have now been forced to flee Myanmar and seek refuge in Bangladesh following ongoing
violence
6. Violations to the right to privacy
There’s been a lot of concern concerning government “snooping”and anti-terrorist
measures. Recently, an EU court declared that The National Security Agency is “violating the
privacy rights of millions of Europeans”.
7. Divided families
At this very moment across the UK, Europe and worldwide, (potential) husbands, wives,
mothers, fathers and children are separated – with their right to marriage and family life
violated – due to visa restrictions. They are Divided families – Skype families. There’s an array
of families who are divided due to financial restrictions. In the UK for example you need to earn
minimum £18,600 (excluding added “fees” per each child) to be eligible to sponsor your spouse
to come to the UK. Third party sponsors are not permitted and property and job status are not
taken into consideration (there are exemptions however if you are a carer or disabled). For
many, marriage is the odd holiday the couple can afford, text messages, phone calls and
Facebook, Skype and What’s App time. Many children are separated from their mommy or
daddy.
8. Restrictions on religious freedom
Many religious communities worldwide are not free to practice their religion and follow
their religious and spiritual beliefs. One example is China’s Muslim minority – the Uyghur
Muslims in the autonomous region of Xinjiang who have felt the increasing level of religious
restrictions. Last Ramadan, government workers, teachers, professors and students were
“banned” from fasting and “banquets” were held to “test” if Muslims were fasting or not.

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Women are also banned from wearing face veils, men are not permitted to have beards and
shopkeepers are forced to sell alcohol.
The situation of the Uyghur community is now so dire that countless families have been
detained in “re-education” camps and subjected to torture.
9. Inadequate social provision / recognition of disability
Due to the global economic crisis, government budgets have tightened – including the
lowering of social security provisions. There has been a lot of concern concerning welfare
provisions in the UKand a series of deaths (including suicide) of vulnerable adults. The UDHR
underlines the right to an adequate standard of living and security including food, clothing,
social and medical care – outlining cases of unemployment, disability and old age etc. (Article 25).
Whilst many countries have no social security systems and/or a lack of care, it has been
confirmed by the UN that the UK has violated the rights of disabled citizens. In fact, figures
from the UK Department of Work and Pensions (DWP) state that:
Nearly 90 people a month are dying after being declared fit for work.
10. Child soldiers and child labour
Children should be in school, enjoying their younger years. According to the UDHR, they
are entitled in minimum terms to free (compulsory) elementary education (Article 26).
Children do not belong in war. Children are being used as spies and suicide bombers in
Afghanistan and soldiers in Sierra Leone and the Democratic Republic (to name just a few
examples). In addition, although the number has decreased, there are 168 million children
worldwide working in child labour.

TYPES OF HUMAN RIGHTS:

 Individual (civil) rights
 Rule of law
 Rights of political expression
 Economic and social rights
 Rights of communities
 Individual (civil) rights - life, liberty, and security of the person; privacy and freedom
of movement; ownership of property; freedom of thought, conscience, and religious
belief and practice; prohibition of slavery, torture, and cruel or degrading punishment.
 Rule of law - equal recognition before the law and equal protection of the law; effective
legal remedy for violation of rights; impartial hearing and trial; presumption of
innocence; and prohibition of arbitrary arrest.
 Rights of political expression - freedom of expression, assembly, and association; the
right to take part in government; and periodic and meaningful elections with universal
and equal suffrage.
 Economic and social rights - an adequate standard of living; free choice of
employment; protection against unemployment; "just and favorable remuneration"; the
right to form and join trade unions; "reasonable limitation of working hours"; free
elementary education; social security; and the "highest attainable standard of physical
and mental health."
 Rights of communities - self-determination and protection of minority cultures.

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Three Generations (Phases) of Human Rights Philosophy
Enlightenment (17th-18th Century)
The first tier or "generation" consists of civil and political rights and derives primarily
from the seventeenth and eighteenth-century political theories noted earlier which are
associated with the English, American, and French revolutions.
Think "life, liberty, and the pursuit of happiness." This approach favors limiting
government by placing restrictions on state action.
The rights set forth in Articles 2-21 of the Universal Declaration of Human Rights
include: freedom from discrimination; freedom from slavery; freedom from torture and from
cruel, inhuman, or degrading treatment; freedom from arbitrary arrest and detention; the right
to a fair and public trial; freedom of thought, conscience, and religion; freedom of opinion and
expression; and the right to participate in government through free elections.
Socialist tradition (19th century)
The second generation of rights broadens the primarily political focus of of earlier views
to include economic, social, and cultural rights. This view origininates primarily in the socialist
traditions of Marx and Lenin. According to this view, rights are conceived more in positive
rather than negative terms, and thus encourage the intervention of the state.
Illustrative of these rights are Articles 22-27 of the Universal Declaration of Human
Rights. They include the right to social security; the right to work; the right to a standard of
living adequate for the health and well-being of self and family; and the right to education.
The third generation of "solidarity rights" (20th century)
These views are a product of the rise and decline of the nation-state in the last half of
the twentieth century.
These rights have been championed by the Third World and remain somewhat
controversial and debated.
The specific rights include the right to political, economic, social, and cultural self-
determination; the right to economic and social development; and the right to participate in
and benefit from "the common heritage of mankind."

UNHRC (United Nations Human Rights Council)

The UN Human Rights Council (Council or HRC) is the principle intergovernmental body within
the United Nations (UN) system responsible for strengthening the promotion and protection of human
rights around the globe, and for addressing and taking action on human rights violations around the
globe.
The Council holds meetings throughout the year providing a multilateral forum to address
human rights violations wherever and whenever they occur. It responds to human rights emergencies
and makes recommendations on how to better implement human rights on the ground. The Council
has the ability to discuss all thematic human rights issues and country-specific situations that require
its attention.

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The Council held its first session in June 2006. One year later, the Council adopted its
“Institution-Building” package by resolution 5/1 to guide its work and set up its procedures and
mechanisms.
Among the Council’s subsidiary bodies are the Universal Periodic Review mechanism (UPR),
the Special Procedures, the Advisory Committee and the Complaint Procedure.
The Council can also establish international commissions of inquiry and fact-finding missions
investigating and responding to human rights violations, to help expose violators and bring them to
justice.
What is the United Nations?
The United Nations is a group of countries.
Almost all countries in the world are part of the United Nations.
The United Nations works to make the world a better place for all.
What is the Human Rights Council?
The Human Rights Council is a part of the United Nations.
It works to make sure that:
 All people know about their rights.
 All people can use their rights.
Rights are things that should happen for everyone.
For example, everyone has the right to:
 To live
 Be treated fairly
 Go to school
 Have a say in the way his or her country is run

What does the Human Rights Council do?

The Human Rights Council does different things:
 It makes sure that all people understand their rights.
 It makes sure that all people have the same rights.
 It checks if all people can use their rights.
 It checks what governments do to protect the rights of people in their
countries.
 It checks if governments do

What they agreed on at the United Nations.

It helps people whose rights were taken away. To do all the work, the Human Rights
Council gets help
from groups of experts. They are called ‘Advisory Committees’. Sometimes, the Human Rights
Council also works with other experts who know a lot about 1 right or 1 country. When this
happens, we call it ‘Special Procedures’.

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HOW DOES THE COUNCIL WORK?

The Human Rights Council meets for at least 10 weeks per year at the United Nations Office in
Geneva, Switzerland, in regular sessions usually taking place in March, June and September. The
Council can also convene urgent meetings on short notice to respond to emerging human rights crises
– 27 such special sessions were held thus far.
The Council’s subsidiary bodies meet for approximately 20 additional weeks each year. Since
its 1st session in 2006, the Council’s agenda has been expanding and its meeting time has more than
doubled. The Council is made up of 47 member States who are elected by the UN General Assembly by
a simple majority vote, through a secret ballot.
Members of the Council are elected for three-year terms with one-third of the members being
renewed each year. Council membership is based on equitable geographical distribution of seats
according to the following regional breakdown:
13 African States;
13 Asia-Pacific States;
8 Latin American and Caribbean States;
7 Western European and other States;
6 Eastern European States.
107 countries have served as Council members so far, reflecting the UN’s diversity giving it
legitimacy when speaking out on human rights violations in all countries. The Council has a Bureau
which consists of a president and four vice-presidents who represent each of the five regional groups,
and who serve for a year in accordance with the Council’s annual cycle (January – December).
Staff from the Office of the High Commissioner for Human Rights (OHCHR) serve as the
secretariat for the Council providing its members with technical, substantive and administrative
support. In addition to the member States of the Council, observers, which include non-member 4
States, inter-governmental organizations, national human rights institutions, and non-governmental
organizations (NGOs), also participate actively in Council sessions.
The Council can adopt texts with or without a recorded vote. To adopt a draft text by a vote, it
must enjoy the support of a majority of the members of the Council. Only Council members are able to
vote. The decisions of the Council are not legally binding. To date the Council adopted over 1,500 texts
to address a wide range of thematic and country-specific human rights issues.

PRESIDENTS OF THE HUMAN RIGHTS COUNCIL

JUNE 2006 - JUNE 2007 LUIS A. DE ALBA GÓNGORA (Mexico)
JUNE 2007 - JUNE 2008 DORU COSTEA (Romania)
JUNE 2008 - JUNE 2009 MARTIN I. UHOMOIBHI (Nigeria)
JUNE 2009 - JUNE 2010 ALEX VAN MEEUWEN (Belgium)
JUNE 2010 - JUNE 2011 SIHASAK PHUANGKETKEOW (Thailand)
JUNE 2011 - DEC 2012 LAURA DUPUY LASSERRE (Uruguay)

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2013 REMIGIUSZ ACHILLES HENCZEL (Poland)
2014 BAUDELAIRE NDONG ELLA (Gabon)
2015 JOACHIM RÜCKER (Germany)
2016 CHOI KYONGLIM (Republic of Korea)
2017 JOAQUÍN A. MAZA MARTELLI (El Salvador)
2018 VOJISLAV ŠUC (Slovenia)

HUMAN RIGHTS IN INDIA

National Human Rights Commission (NHRC) of India is an autonomous public body constituted
on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993.
It was given a statutory basis by the Protection of Human Rights Act, 1993 (TPHRA). The NHRC
is the National Human Rights Commission of India, responsible for the protection and promotion of
human rights, defined by the Act as "rights relating to life, liberty, equality and dignity of the
individual guaranteed by the Constitution or embodied in the International Covenants".
Functions of human rights
Proactively or reactively inquire into violations of government of India human rights or
negligence in the prevention of such violation by a public servant
 By leave of the court, to intervene in court proceeding relating to human rights
 Make recommendations about granting relief to the victims and their families.
 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
 Review the factors, including acts of terrorism that inhibit the enjoyment of human
rights and recommend appropriate remedial measures
 To study treaties and other international instruments on human rights and make
recommendations for their effective implementation
 Undertake and promote research in the field of human rights
 Engage in human rights education 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
 Encourage the efforts of NGOs and institutions congress to working in the field of
human rights.
 Such other function as it may consider it necessary for the protection of human rights.
 Requisitioning any public record or copy thereof from any court or office.
 By sitting and taking application and rejecting them on the basis of sex, caste, income
and social status.

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UNIT II
RIGHT TO LIBERTY:
Article 21 reads as:
“No person shall be deprived of his life or personal liberty except according to a
procedure established by law.”
According to Bhagwati, J., Article 21 “embodies a constitutional value of supreme
importance in a democratic society.” Iyer, J., has characterized Article 21 as “the
procedural magna carta protective of life and liberty.
This right has been held to be the heart of the Constitution, the most organic and
progressive provision in our living constitution, the foundation of our laws.
Article 21 can only be claimed when a person is deprived of his “life” or
“personal liberty” by the “State” as defined in Article 12. Violation of the right by private
individuals is not within the preview of Article 21.
Article 21 secures two rights:
1) Right to life
2) Right to personal liberty
The Article prohibits the deprivation of the above rights except according to a procedure
established by law .Article 21 corresponds to the Magna Carta of 1215, the Fifth Amendment to the
American Constitution, Article 40(4) of the Constitution of Eire 1937, and Article XXXI of the
Constitution of Japan, 1946.
Article 21 applies to natural persons. The right is available to every person, citizen or alien.
Thus, even a foreigner can claim this right. It, however, does not entitle a foreigner the right to reside
and settle in India, as mentioned in Article 19 (1) (e).

PERSONAL LIBERTY
Liberty of the person is one of the oldest concepts to be protected by national courts. As long as
1215, the English Magna Carta provided that,
No freeman shall be taken or imprisoned… but… by the law of the land.
The smallest Article of eighteen words has the greatest significance for those who cherish the
ideals of liberty. What can be more important than liberty? In India the concept of ‘liberty’ has
received a far more expansive interpretation. The Supreme Court of India has rejected the view that
liberty denotes merely freedom from bodily restraint; and has held that it encompasses those rights
and privileges that have long been recognized as being essential to the orderly pursuit of happiness by
free men.
The meaning of the term ‘personal liberty’ was considered by the Supreme Court in the Kharak
Singh’s case, which arose out of the challenge to Constitutional validity of the U. P. Police Regulations
that provided for surveillance by way of domiciliary visits and secret picketing. Oddly enough both the
majority and minority on the bench relied on the meaning given to the term “personal liberty” by an
American judgment (per Field, J.,) in Munn v Illinois, which held the term ‘life’ meant something more
than mere animal existence.

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The prohibition against its deprivation extended to all those limits and faculties by which the
life was enjoyed. This provision equally prohibited the mutilation of the body or the amputation of an
arm or leg or the putting of an eye or the destruction of any other organ of the body through which the
soul communicated with the outer world. The majority held that the U. P. Police Regulations
authorizing domiciliary visits [at night by police officers as a form of surveillance, constituted a
deprivation of liberty and thus] unconstitutional.
The Court observed that the right to personal liberty in the Indian Constitution is the right of
an individual to be free from restrictions or encroachments on his person, whether they are directly
imposed or indirectly brought about by calculated measures.
The Supreme Court has held that even lawful imprisonment does not spell farewell to all
fundamental rights. A prisoner retains all the rights enjoyed by a free citizen except only those
‘necessarily’ lost as an incident of imprisonment.

RIGHT TO LIFE
MEANING AND CONCEPT OF ‘RIGHT TO LIFE’
‘Everyone has the right to life, liberty and the security of person.’ The right to life is
undoubtedly the most fundamental of all rights. All other rights add quality to the life in question and
depend on the pre-existence of life itself for their operation.
As human rights can only attach to living beings, one might expect the right to life itself to be in
some sense primary, since none of the other rights would have any value or utility without it.
There would have been no Fundamental Rights worth mentioning if Article 21 had been
interpreted in its original sense. This Section will examine the right to life as interpreted and applied
by the Supreme Court of India.
Article 21 of the Constitution of India, 1950 provides that, “No person shall be deprived of his
life or personal liberty except according to procedure established by law.” ‘Life’ in Article 21 of the
Constitution is not merely the physical act of breathing.
It does not connote mere animal existence or continued drudgery through life. It has a much
wider meaning which includes right to live with human dignity, right to livelihood, right to health,
right to pollution free air, etc.
Right to life is fundamental to our very existence without which we cannot live as human being
and includes all those aspects of life, which go to make a man’s life meaningful, complete, and worth
living. It is the only article in the Constitution that has received the widest possible interpretation.
Under the canopy of Article 21 so many rights have found shelter, growth and nourishment.
Thus, the bare necessities, minimum and basic requirements that is essential and unavoidable for a
person is the core concept of right to life.
In the case of Kharak Singh v. State of Uttar Pradesh[i], the Supreme Court quoted and held
that:
By the term “life” as here used something more is meant than mere animal existence. The
inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed.
The provision equally prohibits the mutilation of the body by amputation of an armour leg or
the pulling out of an eye, or the destruction of any other organ of the body through which the soul
communicates with the outer world.
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In Sunil Batra v. Delhi Administration[ii], the Supreme Court reiterated with the approval the
above observations and held that the “right to life” included the right to lead a healthy life so as to
enjoy all faculties of the human body in their prime conditions.
It would even include the right to protection of a person’s tradition, culture, heritage and all
that gives meaning to a man’s life. It includes the right to live in peace, to sleep in peace and the right
to repose and health.

RIGHT TO EQUALITY
Article 14 to 18 of the Constitution guarantees the right to equality.
Article 14 guarantees equality before law and equal protection of laws.
Article 15 prohibits discrimination on the grounds of religion, race, caste, or place of birth.
Article 16 guarantees equality of opportunity in matters of public employment.
Article 17 abolishes unsociability in the country
(Article 14) Equality before law
 Artic1e 14 of the Indian Constitution guarantees that the "State shall not deny to
any person equality before the law or equal protection of the law" with in the
territory of India.
 Though the phrases "equality before the law" and equal protection of the laws"
look alike, they are different in meaning.
 Article 7 of the UDHR, Provides that "all are equal before the law and are entitled
without any discrimination to equal protection of law"
 Both the expressions aim at establishing equality of status.
 Equality before the law is a negative concept. In both the cases, equal justice is
aimed at.
 Chief Justice Patanjali Sastri viewed that "the equal protection of laws
 But the violation of one leads to the violation of the other.
 Article 14 applies to any person and is not limited to citizens alone. Both
individuals and Juristic persons are entitled to the benefit of Article 14.
Article 15 (Discrimination on the grounds of religion etc)
 Article 15 (1) provides that the State shall not discriminate against any citizen on
grounds only of religion, ice caste sex place of birth or any of them
 Article-15 (2) provides that no citizen shall, grounds only of religion, race, caste,
sex, place of birth or any of them, be subject to any disabilbility, restriction or
condition with regard to access to shops, public restaurants, hotels and places of
public entertainment or the use of bathing ghats, roads and places of public
resort maintained wholly or partly out of State funds or dedicated to the use of
the general public.
 Article 15 (3) lays down that nothing in this Article shall prevent, the State from
making any special provision for women and children.

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 Article 15 (4) provides that nothing in Article 15 shall prevent the State from
making any special provision for the advancement of any socially and
educationally backwards classes of citizens or for the Scheduled Castes and
Scheduled Tribes.
 The guarantee under this Article is available to all citizens and not to every
person.
Article 16 (Equality of opportunity in matters of Public Employment)
 Article 16(1) provides that there shall be equality of opportunity for all citizens
in matters relating to employment and appointment to any office under the State.
 Article 16(2) provides that no citizen shall, on grounds only of religion, race,
caste, sex,etc
 Article 16(3), (4) and (5) are the exceptions to this general rule of equality of
opportunity.
 Article 16 (4) permits the State to make provisions for reservation of some
appointments in favor of backward classes who, in the opinion of the State, are
not adequately represented in the service.
Article 17 (Abolition of Untouchability)
 Article 17 provides that untouchability is abolished and its practice in any form
is forbidden.
 Article 17 must be read with Article 35 (a)
Article 18 (Abolition of Titles)
 Article 18 provides that no title, not being a military or academic distinction,
shall be conferred by the State.
 No citizen of India shall accept any title from any foreign State.
 No person who is not a citizen of India shall, while he holds any office of profit or
trust under the State, accept without the consent of the President, any title from
any foreign State.
 The ban under Article 18 operates only against the State.

RIGHT TO LIVE WITH HUMAN DIGNITY

 In Maneka Gandhi v. Union of India, the Supreme Court gave a new dimension to Art. 21
and held that the right to live the right to live is not merely a physical right but includes
within its ambit the right to live with human dignity. Elaborating the same view, the
Court in Francis Coralie v.
 “The right to live includes the right to live with human dignity and all that goes along
with it, viz., the bare necessities of life such as adequate nutrition, clothing and shelter
over the head and facilities for reading writing and expressing oneself in diverse forms,
freely moving about and mixing and mingling with fellow human beings and must
include the right to basic necessities the basic necessities of life and also the right to
carry on functions and activities as constitute the bare minimum expression of human
self.”
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 Another broad formulation of the theme of life to dignity is to be found in Bandhua
Mukti Morcha v. Union of India Characterizing Art. 21 as the heart of fundamental
rights, the Court gave it an expanded interpretation. Bhagwati J. observed:
 “It is the fundamental right of everyone in this country… to live with human dignity free
from exploitation. This right to live with human dignity enshrined in
 Article 21 derives its life breath from the Directive Principles of State Policy and
particularly clauses (e) and (f) of Article 39 and Articles 41 and 42 and at the least,
therefore, it must include protection of the health and strength of workers, men and
women, and of the tender age of children against abuse, opportunities and facilities for
children to develop in a healthy manner and in conditions of freedom and dignity,
educational facilities, just and humane conditions of work and maternity relief.
 These are the minimum requirements which must exist in order to enable a person to
live with human dignity and no State neither the Central Government nor any State
Government-has the right to take any action which will deprive a person of the
enjoyment of these basic essentials.”
 Following the above stated cases, the Supreme Court in Peoples Union for Democratic
Rights v. Union of India, held that non-payment of minimum wages to the workers
employed in various Asiad Projects in Delhi was a denial to them of their right to live
with basic human dignity and violative of Article 21 of the Constitution.
 Bhagwati J. held that, rights and benefits conferred on workmen employed by a
contractor under various labour laws are clearly intended to ensure basic human
dignity to workmen. He held that the non-implementation by the private contractors
engaged for constructing building for holding Asian Games in Delhi, and non-
enforcement of these laws by the State Authorities of the provisions of these laws was
held to be violative of fundamental right of workers to live with human dignity
contained in Art. 21.
 In Chandra Raja Kumar v. Police Commissioner Hyderabad[viii],it has been held that the
right to life includes right to life with human dignity and decency and, therefore, holding
of beauty contest is repugnant to dignity or decency of women and offends Article 21 of
the Constitution only if the same is grossly indecent, scurrilous, obscene or intended for
blackmailing. The government is empowered to prohibit the contest as objectionable
performance under Section 3 of the Andhra Pradesh Objectionable Performances
Prohibition Act, 1956.
 In State of Maharashtra v. Chandrabhan[ix], the Court struck down a provision of
Bombay Civil Service Rules, 1959, which provided for payment of only a nominal
subsistence allowance of Re. 1 per month to a suspended Government Servant upon his
conviction during the pendency of his appeal as unconstitutional on the ground that it
was violative of Article 21 of the Constitution.

RIGHT AGAINST EXPLORADATION

 Articles 23 and 24 deal with the right against exploitation
 Article 23 prohibits forced labors Article 23 is designed to protect the individual not
only against the State but also other private citizens.

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 Article 23 embodies two declarations.
 The first declaration is that the traffic in human beings, beggar and other similar forms
of forced labor are prohibited.
 The second declaration is that any contravention of the provision shall be an offence
punishable according to the law.
 Nothing in this Article shall prevent the State from imposing compulsory service for
public purposes, and in imposing such service the State shall not make any
discrimination on grounds only of religion, race, caste or class or any of them. Article 24
provides that no child below the age of 14 years shall be employed to work in any
factory or mine or engaged in any other hazardous employment.
 The UDHR (Article 4); ICCPR Article (8), The EHR (Article 5) etc prescribe the right
against exploitation.
 They cover the various kinds of exploitation such as slavery, the slave trade, servitude
and forced labor.
 Articles 23 and 24 of the Indian Constitution fulfill the obligations of the above said
international provisions.

RIGHT TO CULTURAL and EDUCATION

Education is a liberating force in our age. It is also a democratic force cutting across the
barriers of class and caste. It helps to erase the irregularities imposed by birth and other
circumstances. The UDHR guarantees cultural rights in its Article 27. It provides,
1) "Everyone has the right freely to participate in the cultural life of the community; to
enjoy the arts and to share in scientific advancement and its benefits" and
2) "Everyone has the right to the protection of the moral and material interests resulting
from any scientific, literary or artistic production of which he is the author".
The ICCPR speaks in its Article 27 "In those States in which ethnic, religious or linguistic minorities
exist, persons belonging to such minorities shall not be denied the right, in community with the other
members of their group, to enjoy their own culture, to profess and practice their own religion or to
use their own language".
The ICESCR provides in its Article 15,
1. The State parties to the present Covenant recognize the right of every one,
a) To take part in cultural life.
b) To enjoy the benefits of scientific progress and its applications.
c) To benefit from the protection of the moral and material interests resulting from any
scientific, literary or artistic production of which he is the author.
2. The steps to be taken by the State Parties to the present Covenant to achieve the full
realization of this right shall include those necessary for the conservation, the development
and the diffusion of science and culture.
3. The State Parties to the present Covenant undertake to respect the freedom
indispensable for scientific research and creative activity.

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4. The State parties of the present Covenant recognize the benefits to be derived from the
encouragement are development of international contacts and co-operation in the scientific
and cultural field.
The Indian Constitution in its Articles 29 and 30 speak about the cultural and educational rights.
Article 29(1) protects the interests of their language, script and culture. Article 10(2) lays
down that no citizen shall be denied admission into any educational institution maintained by the
State or receiving aid out of State funds on the grounds only of religion, race, caste, language or any of
these.
Article 30 gives minorities the right to establish and administer educational institutions. The
rights of the minorities cannot be absolute. They are subject to restrictions in the interest of education
and in pursuance of socio-economic objectives embodied in the Directive principles of State Policy.
The purpose of Articles 29 and 30 was not to create vested interests in separateness of the
minorities. The Constitution gives cultural and educational rights with a view to enable the religious
and linguistic minorities to maintain their individuality and distinct identity of their language and
culture but that should not result in the minorities remaining isolated from the main stream of
national life.
The Directive Principles of State Policy - Part IV of the Indian institution in its Article 46
provides that the State shall promote with special care the educational and economic interests of the
weaker sections of the people and, in particular of the Scheduled Castes and Scheduled tribes and
shall protect them from social injustice and all terms of exploitation.
The government of India is striving hard to provide free and compulsory primary education
and to promote educational and economic interests of weaker sections and to protect them from
social injustice.
The proposed 83rd amendment of the Constitution provides opportunities and thereby to
make education a fundamental right. Today, the minorities and the depressed' classes in the world are
at the lowest ebb of society and they are to be improved at any cost so as to bring them on par with
that of the mainstream.
The basic need “to achieve this aim is no doubt, education. International human rights law also
has provisions for the same. All world countries have realized the need for and the importance of
education. Indian government has made necessary provisions in the Constitution by providing 15%
reservation in educational institutions and at the same time special provisions are also made for free
and compulsory education for all up to the age of 16 years.
The NHRC's Ex-President Justice Ranganatha Mishra also has recommended for the free and
compulsory education for all. It is also quite encouraging to hear that provisions are also there to get
education either through the medium of regional language or through Hindi or through English.

POLITICAL RIGHTS
' Political rights include right to vote, right to compete and contest in elections, right to take
part in government, right to criticize government, and the right to individual petition, and the right to
take 'n ..ti- administration.'
ECONOMIC, SOCIAL AND CULTURAL RIGHTS Economic rights are right to self-determination,
right to work, right to just and favorable conditions of work, right to form and join trade unions, right

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to equal wages and remunerations for equal work Social rights include right to social security, rights
relating to motherhood, childhood etc., right to adequate standard of living, right to physical and
mental health. Cultural rights include right to education, rights relating to science, art, music, and
culture.
The International Covenant on Civil and Political rights, in its Article 1 provides that all peoples
have the right of self-determination.
Article 6 lays down that all Inman beings have the inherent right to life and this right shall be
protected by law (Indian Constitution, Article 21).
Article 7 provides that no .one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
Article 8 provides that no one shall be held in slavery and the slave trade in all forms shall be
prohibited.
Article 9 provides that everyone has the right to liberty and security.
Article 10 provides that even the prisoners are to be treated with humanity.
Article 11 provides that everyone has the right to freedom of movement to leave any country
and to return to his country.
Article 14 speaks about the right to equality before the courts and the right to provide legal
assistance (Indian Constitution, Article 7, )
Article 15 speaks about the right against retroactive criminal legislation.
Article 17 provides the right to privacy.
Article 18 provides that everyone shall have the right to freedom of thought, conscience and
religion (Indian Constitution, Article 25-25, UDHR - Article 18).
Article 19 lays down that every one shall have the right to hold opinions without interference
ie. Freedom of opinion and expression.
Article 21 provides the right to freedom of peaceful assembly.
Article 22 provides for the right to freedom of association (Indian Constitution, Article 20 (1)
(2), UDHR, Article 19 (1) (4).
Article 23 provides for the rights relating to marriage and family protection.
Article 24 speaks about the right of the child. Article 25 provides for the right to take part in
the conduct of public affairs.
Article 26 provides for the right to equal protection of the law. All are equal in front of law and
are entitled to equal protection of law without any discrimination. The International Covenant on
Economic, Social and Cultural rights provides economic rights in its various Articles.
As per the Article 1, all people have the right to self determination. As such, each and every one
can freely determine and and pursue his/her economic, social and cultural rights. This right also
includes disposal of natural resources without prejudice. Article 6 provides the right to work and take
necessary steps to safeguard this right. (UDHR, Article 23 (1); Indian Constitution, Article 41).
Article 7 provides the right to just and favourable conditions of work, fair wages, a decent life,
healthy living conditions, equal opportunity of promotion and rest, leisure and reasonable limitation
of working hours and periodic holidays with pay and remuneration for public holidays.

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Article 23 (2)(3) Indian Constitution, Article 30 (d) Article 8 lays down the right to form and
join Trade Unions of his choice, for the promotion and protection of his economic and social interest.
Right to establish federations and confederations also comes under this Article.
Article 9 provides the right to social security and social insurance. Article 10 provides the right
relating to motherhood and childhood. It stresses that marriage must be entered into with the free
consent of the intended spouses; special protection for mothers during and after child birth; leave
with adequate benefits and children should be protected from exploitation of any kind (UDHR-Article
25 (2);
Indian Constitution, Articles 23, 24). Article 11 speaks about the right to adequate standard of
living for himself and his family. Food, clothing, housing and other living conditions are recognized as
the fundamental rights of every one. Article 12 lays down the right to physical and mental health. All
the signatories of the Covenant are required to provide steps for the improvement of physical and
mental health. (Indian Consitution, Article 47; UDHR, Article 25(1).
Article 13 provides the right to education. All kinds of education should aim at strengthening
the respect for human rights and fundamental freedoms. As such primary education is freely available
to all (Indian Constitution-Article 45, UDHR, Article 26 (1) ] Article 15, speaks about the right relating
to science and culture. Everyone has the right to take part in cultural life, to enjoy the advantages of
scientific, literary or artistic production of which he/she is the author. Having analyzed the
importance of the rights mentioned in both the International Covenants, the General Assembly of the
U.N. passed a resolution in 1977 affirming "All human rights and fundamental freedoms are
indivisible and inter-dependent and equal attention and urgent consideration should be given to the
implementation, promotion and protection of both civil, political, economic, social and cultural rights.

SOCIAL AND ECONOMIC RIGHTS

Articles 37 to 51 deal with the Directive Principles of State Policy. The Directive Principles of
State Policy have been incorporated in the Constitution to supplement 'Fundamental Rights' in
achieving a welfare State in India. Part IV of the Indian Constitution is "The Directive Principles of
State Policy".
Right to fair wages and equal remuneration for work (Article 39 (d);
The right to protect Childhood and Youth from exploitation (Article 39 f);
Right to work (Article 41);
Right to medical care (Articles 41; and 47);
Right to social security in old age (Article 41);
Right to secure just and human conditions of work (Article 42);
Right to secure maternity relief (Article 42);
Right to descent standards of life (Article 43);
Right to leisure and rest (Article 43);
Right to free and compulsory education for children (Article 45);
Right or raise the level of nutrition and the standard of life (Article 47);
Right to property (Article 306-A) etc.

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Come under this enjoyment of civil and political rights and of economic, social and cultural
rights are interdependent. There are separate Covenants on these rights at the international level and
these rights are ideals of free men.
The Union of India, the States and Union Territories have done a lot to implement the Directive
Principles of State Policy. Much progress has been made in the implementation of Article 39 (b). It is
to be observed that the Directive Principles are not enforceable in the courts and do not create any
justifiable rights in favor of the individuals.
The fundamental rights enumerated in Part III of the Indian Constitution are enforceable by the
courts. They are included in the Constitution, in the hope and expectation that one day the tree '
liberty' would bloom in India.

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UNIT III
RIGHTS FOR WOMEN

Women's-Rights-in-India

Women empowerment means emancipation of women from the vicious grips of social,
economic, political, caste and gender-based discrimination. It means granting women the
freedom to make life choices. Women empowerment does not mean ‘deifying women’ rather it
means replacing patriarchy with parity.
The purpose of the act is to make sure that employers do not discriminate on the basis
of gender, in matters of wage fixing, transfers, training and promotion. It provides for payment
of equal remuneration to men and women workers, for same work or work of similar nature
and for the prevention of discrimination against women in the matters of employment.

Female feticide
We all know what female feticide is. We all know why it is taking place at such a rampant pace.
But we should also know the laws which are specifically made to prevent this heinous crime. In this
article, we will be discussing the laws which have been made by the government from time to time to
stop female feticide.

Why does female foeticide take place?

These heinous killings of the girl child are advocated mainly on two grounds. One of
them is the preference culture. Many scholars believe that female feticide takes place because
of the preference of a male child.
They are preferred because they provide manual labor, are the bread earners of the
family and succeed the family lineage. The selective abortion of a female child is most common
in the areas where cultural norm values a male child over a female child. In a family, son is
always considered as an “asset” and daughter, a “liability.”
The second reason is the financial burden. In India, it is considered that having a
daughter is a great financial burden. A huge amount of money has to be spent on a daughter’s
marriage. Sometimes people have to mortgage their property or even have to sell it for a
daughter’s marriage.
They sometimes have to take loans that are paid even by the future generations. Due to
this reason, a daughter is considered as a financial burden which not many want to bear.

Consequences of female feticide

As the Newton’s Third Law of Motion states, ‘for every action, there is an equal and
opposite reaction’, the after effects of this genocide are fatal and have long term effect. It is a
disaster that many have unwittingly invited in everybody’s life. Repercussions of female
feticide are long-term and disastrous in nature. Some of them are-

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Skewed Sex Ratio

In India, the number of girls per 1000 boys is reducing with each passing decade. From
962 and 945 girls for every 1000 boys in the years 1981 and 1991 respectively, the sex ratio
had plunged to an all-time low of 927 girls for 1000 boys in 2001.

Female/Women Trafficking
STOP-Child-Trafficking
The sharp decline in the number of girls makes them sparse for the increasing number
of eligible males for marriage. Due to this reason, illegal trafficking of women has become
prevalent in many regions. Women, often young girls who’ve just hit puberty, are forced to
marry for a price settled by the groom to be.
They are normally bought from neighboring areas, where the number of girls might not
be as minuscule as the host region. Child marriages have become a rage and child pregnancies,
a disastrous consequence.

Increase in Rape and Assault

Once women become an imperiled species, it is only a matter of time before the cases of
rape, assault and violence become common. Due to the decline in availability of females, the
surviving ones are faced with the reality of handling a society driven by a testosterone high.
The legal system might offer protection, but many cases might not even surface because
of the fear of desolation and humiliation on the girl’s part.

Population Decline
With no mothers or wombs to bear a child (male or female), there would be fewer
births, leading to a rapid reduction in the country’s population. Though a control in population
is the goal of many nations like China and India, a total wipe-out of one sex is certainly not the
way to achieve this goal.

Laws that makes female feticides illegal

Due to all these causes and implications of female feticides, many laws have been passed
from time-to-time to control this menace.
India passed its first abortion-related law in 1971, the so-called Medical Termination of
Pregnancy Act, which made abortion legit in almost all states of the country, but it was
particularly made for the cases of medical risk to the mother and child conceived by rape.
The law had also established physicians who could legally perform the abortion in the
said scenarios. But the government had not considered the possibility of female feticides based
on technological advances. Due to this reason, this law proved to be highly ineffective.
During the 1980’s, sex screening technologies in India was easily accessible to the
common people. Due to this reason, a large number of reports started pouring in about the

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abuse of the sex screening technologies. Considering this problem, the Government passed the
Pre-natal Diagnostic Techniques Act (PNDT) in 1994.
This law was again amended due to various reasons, and it finally became Pre-
Conception and Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse)
(PCPNDT) Act in 2004. Its main goal was prevention and punishment of prenatal sex screening
and female foeticide.

Implementation of the Law

Many important changes were made in the PCPNDT Act, 2004. It brought ultrasound
and amniocentesis under its ambit. It also led to the empowerment of the Central Supervisory
Board and the formation of State Level Supervisory Board. The rules, regulations, and
punishments are made more stringent.
Despite all these changes, it has been said that the implementation of this act has turned
into a farce. It has been nearly two decades since the law came into force and despite this, not
many changes have taken place in the society.
Despite rulings given by the Supreme Court and various High Courts to make the
existing law an impediment, the courts have shown their hesitancy in sending the offenders off
to jail.
The convicts in many cases have been let off only by a mere warning by the judge which
has led to a mass negative reaction from the legal fraternity as well as social and academic
activists. Lawyers and activists have unanimously demanded stringent punishment for the
guilty while also fixing the accountability of the competent authorities handling the cases of sex
detection.
Conclusion
Girl-child
Through many mediums, awareness about female feticides is being spread throughout
the nation. Let it be plays, soap operas, mass awareness programs, ads, endorsement by
various celebrities, Beti Bachao campaign, rallies, posters, etc. Everyone is trying to spread the
message everywhere. Despite all these efforts, the sex ratio of our country is not improving.
According to the 2011 Census, there are approximately 110 boys behind 100 girls. This
shows that we have wrecked the sex ratio of our country. We can blame the government, the
NGO’s or the society as a whole for all we like but till the time the common man does not
understand the value of a girl child, this problem will not be solved.
The people of this country need to understand that every action has a reaction. Due to
rampant female feticides, the demand for girls for marriage has increased in the whole country.
Due to this reason, flesh trade has increased. In one way or the other, it is the female
who suffers. We need to understand the importance of a female.
After all, they constitute one-half of the society. They should be given the same
preference and respect which a male gets in the society.

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Female infanticide
In India has a history spanning centuries. Poverty, the dowry system, births to unmarried
women, deformed infants, famine, lack of support services and maternal illnesses such as postpartum
depression are among the causes that have been proposed to explain the phenomenon of female
infanticide in India.
Although infanticide has been criminalized in India, it remains an under-reported crime due to
the lack of reliable data. In 2010, the National Crime Records Bureau reported approximately 100
male and female infanticides, producing an official rate of less than one case of infanticide per million
people.
The Indian practice of female infanticide and of sex-selective abortion have been cited to
explain in part a gender imbalance that has been reported as being increasingly distorted since the
1991 Census of India, although there are also other influences that might affect the trend.
Section 315 of the Indian Penal Code defines infanticide as the killing of an infant in the 0–1
year age group. The Code uses this definition to differentiate between infanticide and numerous other
crimes against children, such as feticide and murder.
Some scholarly publications on infanticide use the legal definition. Others, such as the
collaboration of Renu Dube, Reena Dube and Rashmi Bhatnagar, who describe themselves as
"postcolonial feminists", adopt a broader scope for infanticide, applying it from feticides through to
femicide at an unspecified age.
Barbara Miller, an anthropologist, has "for convenience" used the term to refer to all non-
accidental deaths of children up to the age of around 15–16, which is culturally considered to be the
age when childhood ends in rural India.
She notes that the act of infanticide can be "outright", such as a physical beating, or take a
"passive" form through actions such as neglect and starvation. Neonaticide, being the killing of a child
within 24 hours of birth, is sometimes considered as a separate study.

Causes for Sex Selective Abortions

Gender as A Choice
For thousands of years a deeply interna-lized preference for sons has existed among Indian
parents and it cuts across religious/caste divisions, economic seg-ments, rural/urban divides and
educa-tion levels. This preference for sons has evolved from a variety of economic, so-ciological and
religious factors.
It is widely believed that sons will provide economic support for parents in old age, carry the
“good name” of the family forward and add status to the family. A woman’s status in her family is often
tied to the number of sons she bears: “May you be the mother of a hundred sons.”
In contrast, a daughter is seen as an eco-nomic liability due to the expense of her dowry and
wedding. Though the practice of dowry is officially prohibited by a 1961 law, it continues
nevertheless.
Over the last two to three decades, the value of dowries has increased sharply, and the practice
has crept into communities where traditionally dowry was not practiced. It is not uncommon for
families to use their entire life savings or go into terrible debt to pay for daughters’ marriages.

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A daughter is also seen as a social liability since she needs to be protected and married off into
a family of equal or higher social status, in whose house she will live. According to one idiom, raising a
girl-child is like “water­ing another man’s garden.”

Amendment of the Provisions of the Indian Penal Code, 1860

The Criminal Law (Amendment) Act, 2013 that came into force on the 3rd of February,
2013 amended as well as inserted new sections in the IPC with regard to various sexual
offences. The new Act has expressly recognized certain acts as offences which were dealt under
related laws. New offences like, acid attack, sexual harassment, voyeurism, stalking have been
incorporated into the Indian Penal Code.

Sexual Offences
Sexual Harassment – Section 354A
Sexual harassment is bullying or coercion of a sexual nature, or the unwelcome or
inappropriate promise of rewards in exchange for sexual favors. The critical factor is the
unwelcomeness of the behavior, thereby making the impact of such actions on the recipient
more relevant rather than intent of the perpetrator.
The essentials of the offence of sexual harassment as defined in the case of Vishaka v.
State of Rajasthan are –
 physical contact and advances involving unwelcome and explicit sexual overtures; or
 a demand or request for sexual favors; or
 making sexually colored remarks; or
 forcibly showing pornography; or
 Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
 According to the Indian Constitution, sexual harassment infringes the fundamental right
of a woman to gender equality under Article 14 and her right to life and live with dignity
under Article 21.

Existing Provisions
Before the passing of the Act, the provisions in the IPC that dealt with sexual
harassment existed but there was no such provision that clearly laid down the punishment for
sexually harassing a person. The provisions were[xiv]–
Section 209: Obscene acts and songs, to the annoyance of others like:
a) does any obscene act in any public place or
b) sings, recites or utters any obscene song, ballad or words in or near any public place.
Punishment: Imprisonment for a term up to 3 months or fine, or both.
Section 354:Assault or use of criminal force on a woman with intent to outrage her
modesty.
Punishment: 2 years imprisonment or fine, or both.

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Section 376: Rape
Punishment: Imprisonment for life or 10 years and fine
Section 509: Uttering any word or making any gesture intended to insult the modesty of
a woman.
Punishment: Imprisonment for 1 year, or fine, or both. (Cognizable and bail able
offense)

Provisions after Amendment

Section 354A – Sexual harassment has been made a gender neutral offence whereas
earlier, a man who makes unwelcome sexual advances, forcefully shows pornography or
demands/requests sexual favors from a woman commits the offence of sexual harassment
simpliciter under section 354A; this is punishable by imprisonment of up to three years.
Making sexually coloured remarks also amounts to sexual harassment, which is punishable by
imprisonment for up to one year.
Assault or Use of Criminal Force to woman with intent to disrobe – Section 354B
Existing Provisions
There was no specific provision regarding this offence. The act was dealt under Section
354. Outraging a woman’s modesty was punishable with imprisonment for maximum 2 years
and fine under IPC.

Provisions after Amendment

Section 354B – If a man assaults or uses criminal force to any woman or abets such act
with the intention of disrobing or compelling her to be naked in any public place, he commits
an offence under section 354B, which is punishable with imprisonment between three and
seven years.
This section deals with a very specific offence and adds to and supplements the
provision dealing with the offence of outraging the modesty of a woman. This is a welcome
provision in view of the fact that many cases have been reported in the news of women being
stripped in public as an instrument of punishment mostly in backward areas.

Voyeurism – Section 354C

Voyeurism is the act of watching a person engaged in private activities. If a man watches
a woman engaged in private activities, when the woman does not expect anyone to be
watching, he has committed the offence of voyeurism.

Existing Provisions
There was no specific offence under IPC. However, under Information Technology Act,
2000 both men and women were protected and punishment for the act was up to 3 years
and/or fine up to Rs. 2 lakh.

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Provisions after Amendment
Section 354C – Any man who watches, or captures the image of a woman engaging in a
private act in circumstances where she would usually have the expectation of not being
observed either by the perpetrator or by any other person at the behest of the perpetrator or
disseminates such image shall be punished. Under Section 354C, such a person is liable.
In case of first conviction, imprisonment is not to be less than one year, but may extend
to three years, and shall also be liable to fine, and on a second or subsequent conviction,
punishment with imprisonment of either description for a term which shall not be less than
three years, but which may extend to seven years, and shall also be liable to fine.

Stalking – Section 354D

It means following a person and making or attempting to make contact for personal
interaction, despite a clear disinterest being displayed by the other person. Stalking may be
committed both physically and through electronic media.

Existing Provisions
No specific offence under IPC.
Provisions after Amendment
Section 354D – Stalking has been made a specific offence under this new section. If a
man stalks a woman, he may be punished with imprisonment of up to three years for the first
time, and five years for the subsequent convictions. However, the offence is subject to certain
exceptions like where a person can show that the acts done were in pursuance of some law,
amounted to reasonable conduct or in order to prevention of some crime.
As per the definition in Section 354D the offence was gender-neutral offence, making
the crime of stalking punishable for both the gender whether male or female. However, the
Amendment Act of 2013 changed ‘Whosoever’ to ‘Any Man’ making the offence of Stalking a
gender-specific offence. Section 354D of the Ordinance of 2013, was highly inspired from the
definition of ‘Stalking’ in Section 2A of the Protection from Harassment Act, 1997 passed by
British Parliament on 25th November 2012.
Under the Act, the offence is limited to the physical act of following or contacting a
person, provided that there has been a clear sign of disinterest, or to monitoring the use by a
woman of the internet, email or any other forms of electronic communication.

Rape – Section 375 and 376

Justice Krishna Iyer in the case of Rafiq v. State of U.P. made a remark that, “a murderer
kills the body, but a rapist kills the soul”. The Parliament by means of Amendment Act, 2013
has enlarged the ambit of rape by making certain non-penetrative act as offence amounting to
rape. The Amendment Act, 2013 repealed the Ordinance (Amendment) Act, 2013 which was
having wider ambit, thereby raising serious questions regarding the lacunas or loopholes that
the judiciary could confront in future.

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Existing Provisions
Sections 375, 376 and 376 A-D of the IPC cover rape. However, medical examination
was not an exception under the old provision. Rape under the IPC had been interpreted to
mean only penile-vaginal intercourse.
Provisions after Amendment
Section 375 – Under the new section, a man is said to commit rape if there is:
Penetration of penis into vagina, urethra, mouth or anus of any person, or making any
other person to do so with him or any other person; Insertion of any object or any body part,
not being penis, into vagina, urethra, mouth or anus of any person, or making any other person
to do so with him or any other person;
Manipulation of any body part so as to cause penetration of vagina, urethra, mouth or
anus or any body part of such person or makes the person to do so with him or any other
person;
Application of mouth to the penis, vagina, anus, urethra of another person or makes
such person to do so with him or any other person;
Lastly, touching the vagina, penis, anus or breast of the person or makes the person
touch the vagina, penis, anus or breast of that person or any other person.[xxii]
The 2013 Act expands the definition of rape to include oral sex as well as the insertion
of an object or any other body part into a woman’s vagina, urethra or anus.
The punishment for rape is seven years at the least, and may extend up to life
imprisonment. Any man who is a police officer, medical officer, army personnel, jail officer,
public officer or public servant commits rape may be imprisoned for at least ten years. A
punishment of life imprisonment, extending to death has been prescribed for situations where
the rape concludes with the death of the victim, or the victim entering into a vegetative state.
Gang rape has been prescribed a punishment of at least 20 years under the newly amended
sections.
The new amendment defines ‘consent’, to mean an unequivocal agreement to engage in
a particular sexual act; clarifying further, that the absence of resistance will not imply consent.
Non-consent is a key ingredient for commission of the offence of rape. The definition of consent
therefore is key to the outcome of a rape trial, and has been interpreted systemically to
degrade and discredit victims of rape.

Exceptions to the Section

Marital rape, a contentious issue among feminist groups in India, is an exception to
section 375, provided that the wife is not under 15 years of age.
An exception also has been provided for the purpose of medical examination. In April,
2013, the Supreme Court criticised present medical tests for rape survivals, and has castigated
the standard two-finger test in the case of Lillu @ Rajesh v. State of Haryana[xxiii]. Justices BS
Chauhan and Kalifulla have directed the centre to provide better medical tests that do not
violate the dignity of rape-survivors, thus preventing a “second rape”.

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Gender-neutral or Gender-specific Offence
Earlier the offence of rape, i.e. ‘sexual assault’ was a gender neutral offence, while now
this offence is women centric. Only a man is assumed to be capable of committing such offence
and that too against a woman only. The aspect of gender neutrality was required in following
aspects:

Neutrality with respect to the victim

Often the members of the marginalised sex like ‘Transgender’ are also victim of this
offence and as such they cannot claim any protection because the crime of rape is not gender
neutral.[xxiv]

Neutrality with respect to the perpetrator

During the war in Iraq it surfaced that many women officers also involved themselves in
torturing the prisoners by variant sexual assaults[xxv]. This strengthened the assumption that
even women can be perpetrator of such crimes. There are two occasions when the need for
gender neutrality arises even in India. Firstly, when during some communal or casteist
violence a women is found to be participus criminus. Secondly, when a transgender person is
an offender. The recent case of Pinki Pramanik, where her partner filed a case of rape against
her, shows the very real possibility of female to male transgender persons or male to female
transgender persons (either pre- or post- transition) causing sexual assault on a woman[xxvi].

Marital Rape
The absence of law on marital rape (sexual assault), would also fail the objective as
married women cannot be protected. The law under 376-A and exception under 375 should be
deleted equate marital rape and sexual assault. As the S. 3 of DVA is only applicable in grave life
threatening scenario the need for consent of woman isn’t important leaving her as an object of
sex.

DOMESTIC VIOLENCE. THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE Act, 2005
For the purposes of this Act, any act, omission or commission or conduct of the respondent
shall constitute domestic violence in case it
(a) harms or injures or endangers the health, safety, life, limb or well‑being, whether mental or
physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual
abuse, verbal and emotional abuse and economic abuse; or
(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or
any other person related to her to meet any unlawful demand for any dowry or other property
or valuable security; or
(c) has the effect of threatening the aggrieved person or any person related to her by any
conduct mentioned in clause (a) or clause (b); or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation for the purposes of this section

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(i) “physical abuse” means any act or conduct which is of such a nature as to cause
bodily pain, harm, or danger to life, limb, or health or impair the health or development
of the aggrieved person and includes assault, criminal intimidation and criminal force;
(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates,
degrades or otherwise violates the dignity of woman;
(iii) “verbal and emotional abuse” includes
(a) insults, ridicule, humiliation, name calling and insults or ridicule specially
with regard to not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved
person is interested.
(iv) “economic abuse” includeS
(a) deprivation of all or any economic or financial resources to which the aggrieved
person is entitled under any law or custom whether payable under an order of a court
or otherwise or which the aggrieved person requires out of necessity including, but not
limited to, household necessities for the aggrieved person and her children, if any,
stridhan, property, jointly or separately owned by the aggrieved person, payment of
rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or
immovable, valuables, shares, securities, bonds and the like or other property in which
the aggrieved person has an interest or is entitled to use by virtue of the domestic
relationship or which may be reasonably required by the aggrieved person or her
children or her stridhan or any other property jointly or separately held by the
aggrieved person; and
(c) Prohibition or restriction to continued access to resources or facilities which the
aggrieved person is entitled to use or enjoy by virtue of the domestic relationship
including access to the shared household. Explanation II.—For the purpose of
determining whether any act, omission, commission or conduct of the respondent
constitutes “domestic violence” under this section, the overall facts and circumstances
of the case shall be taken into consideration.

REMEDIAL MEASURES
The government has initiated a time-bound action plan to strengthen the police and
administration to combat sexual crimes against women. The measures include:
1. The National Crime Records Bureau (NCRB) will compile a database of people convicted of criminal
offences. The details of criminals convicted of crimes against women will be displayed on its website.
2. Action will be taken to provide the facility of registering a first information report (FIR) in any
police station irrespective of the jurisdiction or area. The FIR may thereafter be transferred to the
concerned police station for investigation. This will pertain to serious crimes including issues against
women.
3. Citizens should not face any harassment when they come forward to assist women in distress. For
this, they should be protected to enable them to freely report a crime and assist the victim/police
without being subjected to any interrogation or being forced to become witnesses.

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4. ‘Women only’ buses should be pressed into service. A programme is proposed to encouraging more
women-driven buses/taxis all over the country.
5. The existing Motor Vehicle Regulations will be reviewed.
6. The government will review the degree to which vehicle windows are tinted. The use of curtains
will be reviewed taking into account the need for passenger comfort and visibility required for
security purposes. The road transport ministry proposes to revise the standards appropriately and
ensure compliance by manufacturers of buses.
7. There is a need for 100% verification for drivers, conductors, helpers (the entire crew) of public
transport vehicles, plying in Delhi in a time-bound programme that will include collecting bio-metrics
of all such persons as well. For this, action will be taken to review the relevant rules for mandating the
same. The ministry of home affairs will develop a protocol over a defined time frame, for verification
of the crew of public transport vehicles and suitably advise the state governments also to undertake
the same. After the stipulated time frame, no public transport vehicle will be allowed to be
driven/manned by any driver/conductor/helper or other crew member unless such a person has
been verified and carries the verification certificate/identity permit.
8. Owners of buses will be held responsible for compliance of the steps outlined. It is also necessary to
bar owners of vehicles involved in repeat offences from retaining existing permits/obtaining any fresh
permits for plying public transport vehicles and for impounding of vehicles involved in repeat
offences. The roads ministry/state governments will initiate action in this regard. The particulars of
the bus owner/drivers and details of permits and licences should be prominently displayed in the
buses both inside and outside, at places where it is prominently visible in easily readable fonts. Use of
GPS devices in all public transport vehicles is necessary along with the setting up of a control room to
monitor movement of buses. The roads ministry will issue an appropriate advisory to all the states in
this regard.
9. There is need to increase the quantum of fines leviable on the violation of permit conditions and to
disallow compounding of offences beyond a certain number.
10. The Delhi government will issue a draft notification for revising the permit for public transport
vehicle incorporating provisions for disallowing use of inappropriate films and tinted glasses, higher
punishment for repeat offences and other necessary measures. The final notification will be issued
within a month.
11. The roads ministry secretary will write to all the states regarding the revision/changes in the
permit conditions being made by the government of Delhi and request them to take similar measures.
12. At the time of inspection of police stations, it should be mandatory for the inspecting officer to
specifically record his findings regarding the gender sensitivity of the personnel posted in the police
station as well as the record of the police station/station house office (SHO) in
registering/investigating complaints of crimes against women, and for checking whether women are
being discouraged from lodging complaints in the police stations.
13. Strict action will be taken against police personnel and officers found to be either displaying bias
against women or neglecting their supervisory responsibilities in this regard.
14. There is a continual need for gender sensitization among the police force, particularly at the level
of the constabulary on beat duty or at the police stations. There is a need for impressing that there has
to be a complete cessation of gender-insensitive comments. For this, training courses need to be
organized on a regular basis by the police. Strict disciplinary action will be taken against any official
indulging in gender bias. Action taken in this regard has to be reported at every level. If action is not
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found to be taken against an erring official, the supervisory officer will be held accountable.
Instructions in this regard will be issued and compliance ensured.
15. At all levels, it will be made mandatory for a reporting officer to comment upon on the gender
sensitivity of the police personnel reported upon in the annual performance appraisal report. It will
be emphasized and ensured that remarks in this regard are based on specific instances of behaviour
and are not reduced to a ritualistic yes/no. When considering postings or promotions of police
personnel, the attitude towards women should specifically be taken into account.
16. There is an imperative need to recruit more women in the police force. Women will need to be
recruited in large numbers in the Delhi Police. The home ministry will take necessary action to obtain
necessary approvals within this financial year. Action would, similarly, need to be taken in the states
as well, to recruit more women in the police force. In order to incentivize the states in this regard, the
home ministry will formulate a suitable proposal/scheme within four weeks and obtain necessary
approvals.
17. There is need for additional police control room (PCR) vans in Delhi. A proposal for 370 such vans
has been sent by Delhi Police. Approval in this regard is proposed to be expedited within this financial
year.
18. It would be proposed to have lady police personnel in at least some PCR vans, such as those
deployed in the vicinity of educational institutions, cinema halls, malls and markets, as also the routes
frequented by women employees of BPOs (business process outsourcing companies) returning from
work at night. Over time, it is planned to have some more ‘all women’ police stations.
19. It is also planned to further develop and promote community policing. This would not only
augment the effectiveness of the police force but would also motivate responsible persons in each
locality to perform their duty as citizens.
20. A number of cameras are in the process of being installed and at present (closed-circuit TV) CCTV
systems are functional at 34 markets and four border check posts in Delhi. There is, however, an
imperative need to further increase the number of CCTVs in public places. For this, the police will
elicit the cooperation of all stakeholders, such as traders’ associations, residence welfare associations
(RWAs), managers of commercial/office buildings, malls, cinemas, NGOs, etc. who will be encouraged
to install and maintain CCTVs of approved specifications in and outside their premises. Similar action
also needs to be taken in all states.
21. There is a need for increased focus on street lighting in public places. Civic bodies must undertake
a review of the existing facilities and strengthen these wherever required.
22. The department of women and child development will implement a scheme to provide
compensation to victims of sexual assault and also a scheme for setting up crisis response centres in
select hospitals to provide psychological and other assistance to the victims of sexual assault. The
proposed scheme will be implemented in a pilot phase in 100 districts from 2013-14.
23. The government proposes to put in place a countrywide three-digit number (such as 100) to
respond to all emergency situations. This would be similar to 911 or 990 emergency management
systems in vogue in many developed countries. Such a service would be available to subscribers of all
telecom service providers as currently there are different telephone numbers being used for
responding to different situations or target groups. It is, therefore, proposed to have a system where
there is one point of contact available to a person in distress of any kind. Also, once a call is made to
this number, the caller should not be asked to contact some other special/emergency number. Instead,
the call should seamlessly be transferred from the single point of contact to the appropriate distress

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line. Ministry of home affairs in coordination with the department of telecom will, by the end of
February 2013, come up with a basic concept note on how the system will be established and will
operate.
24. In addition to the general emergency response helpline, there will be a helpline dedicated to
responding to women in distress. This helpline should have a unique three-digit number across the
country. For this purpose, the number 181 may be operationalized all over the country.
25. The negative, stereotyped and/or indecent portrayal of women in movies, television shows and
advertisements has been a matter of concern for long. It would be helpful if all stakeholders were to
be continuously engaged with in this regard. There is also a need to have a sustained media campaign
of public interest advertisements.
26. The role of value education in schools is recognized as being very important. However, merely
prescribing it in the curricula/syllabus is not adequate. Teachers should be given training in value
education. Sustained awareness campaigns on gender equality need to be undertaken in all schools
and colleges and gender modules need to be integrated in the curriculum at every level.
27. It would be useful to impart training to girls in educational institutions in self-defense /martial
arts.

RIGHTS OF CHILDRENS

PART I (Article 1-41): It sets out the rights of children and obligations of governments. The
rights can further be categorized as:
Survival Rights: the right to life of child and access to basic necessities to existence such as
adequate food, shelter, standard of living and medical requirements.
Development Rights: the right to education, to practice the religion of own choice and cultural
activities, freedom of thought and conscience, to play and leisure and to access to
[Link]
Protection Rights: rights that protect children from abuses which may be consequential to
several kinds of circumstances, such as children subject to procedures of criminal justice system,
children in employment, children who are refugees, children who have undergone abuse or
exploitation.
Participation Rights: rights of children to participate in activities of the society, especially
matters that may affect their life, to assemble peacefully and to join associations.
PART II (Article 42-45): It contains provisions regarding implementation of the provisions of
the CRC.
PART III (Articles 46-54): It includes provisions for signing the convention by parties and rules
and procedures thereafter for the purpose of ratification, enforceability, amendment, denouncement,
etc. of the convention.
These sections specifically protect the rights of children. Other sections applicable to punish
offenders for a crime can also be invoked to protect the children against such offenders.

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Guardians and Wards Act, 1890: The act supersedes all the laws regarding guardianship of a child. It is
a universal code specifically designed for Muslims, Parsis, Christians and Jews as their personal laws
don’t allow full adoption but only guardianship.

Child Marriage Restraint Act, 1929 (Amended in 1979): It restraints child marriage until the minimum
age, i.e. 21 for male and 18 for female, has been attained by them. It applies to the people of all the
religions.
Immoral Traffic (Prevention) Act (Amended in 1986), 1956: This act with respect to children deals
with person(s) who procure or attempt to procure any child for prostitution or person(s) who are
found with a child in a brothel (it is presumed child has been detained for the purpose of prostitution)
and punishes them. It also provides for the due care of rescued [Link]-6
The Women’s and Children’s (Licensing) Act, 1956: The Act was enacted with an object to protect
women and children from exploitation and inhuman activities going on in institutions. It mandates the
institutions for women and children to get a license from the licensing authority before establishing or
maintaining the institution.
Probation of Offenders Act, 1958: This act with the help of the Juvenile Justice Act, 2000 tries to
ensure that no person under the age of 21 years faces imprisonment.

National Policy for Children, 1974: It is the first written policy for the children in India. It aims at
providing better enforcement of constitutional rights of the children along with those granted by the
CRC. Some of the provisions include free education, comprehensive health and nutritious plans, etc.

Bonded Labour System (Abolition) Act, 1976: The act aims at eradicating the bonded labour system in
India which exploits the weaker sections of society, especially children.

Child Labour (Prohibition and Regulation) Act, 1986: This act regulates the working conditions for
children in employment and prohibits working of children in certain kinds of employments.

National Policy on Education, 1986: The policy is extensive in nature and elementary, university and
adult level education, all fall under its scope. It tries to remove inequality by making special provisions
for women and other weaker sections of society such as Schedule Castes, Schedule Tribes, etc.

National Policy on Child Labour, 1987: The act endeavours to eradicate child labour from Indian
society wherever necessary.1

Juvenile Justice (Care and Protection of Children) Act, 2000: This act is one of the important acts in
India for the children in need of care and protection and also children in conflict with the law. It
requires that the state provides free legal support to the juveniles, and proper care and protection is
provided to those in need. It also calls for a child-friendly approach in adjudication and disposition of
matters involving children.

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The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2000:
The main objective of the Act is to regulate and prevent the pre-natal sex determination in order to
prevent female foeticide.
National Health Policy, 2002: This is the second National Health Policy, after the first in 1983. The
policy provides for Universal Immunization Programmes, health care related education in schools and
free regular health checkups at schools etc.

Protection of Children from Sexual Offences Act, 2012: The act aims at punishing the offenders who
are guilty of sexual offences against children below the age of 18 years of age. It also lays down
procedures for the trial, such as, the name of child victim shall not be disclosed, proceedings of the
case are to be conducted in court with cameras recording the trial, accused is not to be kept in-front of
the child victim during examination or cross-examination, etc.

UN CONVENTION ON THE RIGHTS OF THE CHILD (UNCRC)

The United Nations Convention on the Rights of the Child (UNCRC) is a legally-binding
international agreement setting out the civil, political, economic, social and cultural rights of every
child, regardless of their race, religion or abilities.
The UNCRC consists of 54 articles that set out children’s rights and how governments should
work together to make them available to all children.
Under the terms of the convention, governments are required to meet children’s basic needs
and help them reach their full potential. Central to this is the acknowledgment that every child has
basic fundamental rights. These include the right to:
 Life, survival and development
 Protection from violence, abuse or neglect
 An education that enables children to fulfil their potential
 Be raised by, or have a relationship with, their parents
 Express their opinions and be listened to.
In 2000, two optional protocols were added to the UNCRC. One asks governments to ensure
children under the age of 18 are not forcibly recruited into their armed forces. The second calls on
states to prohibit child prostitution, child pornography and the sale of children into slavery. These
have now been ratified by more than 120 states.
A third optional protocol was added in 2011. This enables children whose rights have been
violated to complain directly to the UN Committee on the Rights of the Child.
Since it was adopted by the United Nations in November 1989, 194 countries have signed up to
the UNCRC, with only two countries in the world still to ratify.
All countries that sign up to the UNCRC are bound by international law to ensure it is
implemented. This is monitored by the Committee on the Rights of the Child
The UNCRC is also the only international human rights treaty to give non-governmental
organisations (NGOs), like Save the Children, a direct role in overseeing its implementation, under
Article 45a.

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UNIT IV
INDIAN LABOUR LAW
Indian labour law is closely connected to the Indian independence movement, and the
campaigns of passive resistance leading up to independence. While India was under colonial rule by
the British Raj, labour rights, trade unions, and freedom of association were all suppressed.
Workers who sought better conditions, and trade unions who campaigned through strike
action were frequently, and violently suppressed. After independence was won in 1947, the
Constitution of India of 1950 embedded a series of fundamental labour rights in the constitution,
particularly the right to join and take action in a trade union, the principle of equality at work, and the
aspiration of creating a living wage with decent working conditions.
List of Labour laws
1. The Minimum Wages Act, 1948
2. The Payment of Wages Act, 1936
3. The Payment of Bonus Act, 1965
4. The Equal Remuneration Act, 1976
5 The Trade Unions Act, 1926
6. The Industrial Employment (Standing Orders) Act, 1946.
7. The Industrial Disputes Act, 1947
8. The Weekly Holidays Act, 1942
9. The Factories Act, 1948
10. The Plantation Labour Act, 1951
11. The Mines Act, 1952
12. The Building and Other Constructions Workers’ (Regulation of Employment and Conditions
of Service) Act, 1996
13. The Motor Transport Workers Act, 1961
14. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
15. The Contract Labour (Regulation and Abolition) Act, 1970.
16. The Bonded Labour System (Abolition) Act, 1976
17. The Sales Promotion Employees (Conditions of Service) Act, 1976
18. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service)
Act, 1979.
19. The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
20. The Dock Workers (Safety, Health and Welfare) Act, 1986
21. The Child Labour (Prohibition and Regulation) Act, 1986
22. The Working Journalists and Other Newspapers Employees (Conditions of Service) and
Miscellaneous Provisions Act, 1955

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23. The Working Journalists (Fixation of rates of Wages) Act, 1958
24. The Employees’ Compensation Act, 1923
25. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
26. The Employees’ State Insurance Act, 1948
27. The Maternity Benefit Act, 1961
28. The Payment of Gratuity Act, 1972
29. The Unorganized Workers’ Social Security Act, 2008
30. The Building and Other Construction Workers Cess Act, 1996
31. The Mica Mines Labour Welfare Fund Act, 1946
32. The Cine Workers Welfare (Cess) Act, 1981
33. The Cine Workers Welfare Fund Act, 1981
34. The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
35. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess)
Act, 1976
36. The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act,
1976
37. The Beedi Workers Welfare Cess Act, 1976
38. The Beedi Workers Welfare Fund Act, 1976
39. The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by
Certain Establishments) Act, 1988
40. The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959.

Contract Labour (Regulation & Abolition) Act, 1970

The main objectives of the Contract Labour (Regulations & Abolition) Act, 1970 (the Contract
Labour Act) are: (i) to prohibit the employment of contract labour; and (ii) to regulate the working
conditions of the contract labour, wherever such employment is not prohibited.
The Act defines a "worker" as a workman who shall be deemed to be employed as "contract
labour" in or in connection with the work of an establishment when he is hired in or in connection
with such work by or through a contractor, with or without the knowledge of the principal employer.
The Contract Labour Act regulates the employment of contract labour in certain
establishments and provides for its abolition in certain circumstances. It applies to every
establishment or contractor wherein/with whom 20 or more workmen are employed or were
employed on any day of the preceding twelve months as contract labour. The Government may,
however, by notification in the Official Gazette, make the provisions of the Contract Labour Act
applicable to establishments or contractor employing less than 20 workmen.
The Contract Labour Act is not applicable to establishments in which work only of an
intermittent or casual nature is performed.

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The Contract Labour Act prohibits the employment of contract labour on jobs that are
perennial in nature. For such jobs, permanent employees need to be employed.
The Contract Labour Act provides that no contractor shall undertake any work through
contract labour, except under and in accordance with a licence issued in that behalf by the licensing
officer.
In terms of s 7 of the Contract Labour Act, the principal employer has to make an application in
the prescribed form accompanied by the prescribed fee payable to the registering officer for
registration.

THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976

INTRODUCTION
Article 23(1) of the Constitution prohibits "beggar" and other similar forms of forced labour
and it provides that any contravention of the said prohibition shall be an offence. But in spite of this
provision a system of usury under which the debtor or his descendants or dependents have to work
for the creditor without reasonable wages or with no wages in order to extinguish the debt, existed in
many parts of the country.
It has been found that several generations work under bondage for the repayment of a small
sum which had been taken by some remote ancestor. This system of bondage implies the infringement
of basic human rights and destruction of the dignity of human labour.
The evils of bonded labour, having been recognized by many voluntary organizations, were
highlighted by them. Many voluntary organizations raised their heads against such a system.
Accordingly the Bonded Labour System (Abolition) Ordinance, 1975 was promulgated by the
President on 24th October, 1975. To replace the said Ordinance the Bonded Labour System
(Abolition) Bill, 1976 was introduced in the Parliament.
Article 21 of the Indian Constitution – This is the most important and foremost safeguard
against any exploitation of human lives and their liberty. It is part of the Basic Structure of the
Constitution and cannot be amended. It secures the right to life and right to live with human dignity to
every person in India. So, any practice of bonded labour would be in contravention of this
Constitutional provision since bonded labour deprives a person of numerous liberties.
Article 23 of the Indian Constitution – As discussed above, the Constitution of India
expressly provides for the abolition of forced labour and prohibits this form of forced labour in the
territory of India. This not only prohibits bonded labour but also covers the practice of Begar and
other forms of human trafficking in India.
Article 39 of the Constitution – This is covered in Part IV of the Indian Constitution which
deals with the Directive Principles of State Policy is albeit not enforceable but are considered
irrefutable for the purpose of governance. This constitutional provision directs the State to secure the
right to an adequate livelihood. It also directs the state to formulate its policies with an object that no
citizen is forced out of economic necessity to enter into avocations which are not suited to them.
Article 42 of the Constitution – This is also a Directive Principle of State Policy which states
“The State shall make provision for securing just and humane conditions of work…” This means that
the state must ensure that every person has working conditions which are just and humane for them.
However, since it is part of Part IV, it cannot be enforced.

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Article 43 of the Constitution – This directive directs the State to secure i.a. – conditions for
work ensuring a decent standard of life.

Child Labour (Prohibition & Regulation) Act, 1986

The Constitution of India incorporates provisions to secure labour protection to children. It
expressly prohibits the employment of a child below the age of 14 years in work in any factory or
mine or engagement in any other hazardous employment.
The policy of the Government is to ban the employment of children below the age of 14 years in
factories, mines and hazardous employments and to regulate the working condition of children in
other industries.
The Government enacted the Child Labour (Prohibition & Regulation) Act, 1986 (the Child
Labour Prohibition & Regulation Act), which prohibits the employment of children who have not
completed their 14th year in 16 occupations and 65 processes1 like cinder picking, cleaning of ash
pits, building operation, manufacturing or handling of pesticides and insecticides, and manufacturing
of matches, explosives, fireworks, etc.
In addition, the Child Labour Prohibition & Regulation Act regulates the working conditions of
children in all employments, which are not prohibited under the Act. It also fixes the number of hours
and the period of work and requires the occupiers of establishments employing children to give notice
to the local inspector and maintain the prescribed register.
Apart from the Child Labour Prohibition & Regulation Act, there are other legislations which
also protect the interest of child labour. For example, the Factories Act, 1948 and the Mines Act, 1952
prohibit the employment of children below the age of 14 years. The Children (Pledging of Labour) Act,
1933, makes an agreement to pledge the labour of children void.

CONTRACT LABOUR ACT

(1) This Act may be called the Contract Labour (Regulation and Abolition) Act, 1970.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint and different dates may be appointed for different provisions of this
Act.
(4) It applies--
(a) To every establishment in which twenty or more workmen are employed or were
employed on any day of the preceding twelve months as contract labour;
(b) to every contractor who employees or who employed on any day of the preceding
twelve months twenty or more workmen:
Provided that the appropriate Government may, after giving not less than two months'
notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this
Act to any establishment or contractor employing such number of workmen less than twenty
as may be specified in the notification.
(5) (a) It shall not apply to establishments in which work only of an intermittent or casual
nature is performed.

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(b) If a question arises whether work performed in an establishment is of an
intermittent or casual nature, the appropriate Government shall decide that question after
consultation with the Central Board or, as the case may be, a State Board, and its decision shall
be final.

WELFARE AND HEALTH OF CONTRACT LABOUR

Canteens.-
(1) The appropriate Government may make rules requiring that in every establishment--
(a) to which this Act applies,
(b) wherein work requiring employment of contract labour is likely to continue for such
period as may be prescribed, and
(c) wherein contract labour numbering one hundred or more is ordinarily employed by
a contractor, one or more canteens shall be provided and maintained by the contractor
for the use of such contract labour.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for--
(a) the date by which the canteens shall be provided;
(b) the number of canteens that shall be provided, and the standards in respect of
construction, accommodation, furniture and other equipment of the canteens; and
(c) the foodstuffs which may be served therein and the charges which may be made
thereof.
Rest-rooms.-
(1) In every place wherein contract labour is required to halt at night in connection with the
work of an establishment--
(a) to which this Act applies, and
(b) in which work requiring employment of contract labour is likely to continue for such
period as may be prescribed, there shall be provided and maintained by the contractor for the
use of the contract labour such number of rest-rooms or such other suitable alternative
accommodation within such time as may be prescribed.
(2) The rest rooms or the alternative accommodation to be provided under subsection (1) shall
be sufficiently lighted and ventilated and shall be maintained in a clean and comfortable
condition.
Other facilities.-
It shall be the duty of every contractor employing contract labour in connection with the work
of an establishment to which this Act applies, to provide and maintain--
(a) a sufficient supply of wholesome drinking water for the contract labour at
convenient places;
(b) a sufficient number of latrines and urinals of the prescribed types so situated as to
be convenient and accessible to the contract labour in the establishment; and
(c) washing facilities.

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First-aid facilities.-
There shall be provided and maintained by the contractor so as to be readily accessible during
all working hours a first-aid box equipped with the prescribed contents at every place where contract
labour is employed by him.
Liability of principal employer in certain cases.-
(1) If any amenity required to be provided under section 16, section 17, section 18 or section
19 for the benefit of the contract labour employed in an establishment is not provided by the
contractor within the time prescribed thereof, such amenity shall be provided by the principal
employer within such time as may be prescribed.
(2) All expenses incurred by the principal employer in providing the amenity may be recovered
by the principal employer from the contractor either by deduction from any amount payable to
the contractor under any contract or as a debt payable by the contractor.
Responsibility for payment of wages.-
(1) A contractor shall be responsible for payment of wages to each worker employed by him as
contract labour and such wages shall be paid before the expiry of such period as may be
prescribed.
(2) Every principal employer shall nominate a representative duly authorized by him to be
present at the time of disbursement of wages by the contractor and it shall be the duty of such
representative to certify the amounts paid as wages in such manner as may be prescribed.
(3) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of
the authorized representative of the principal employer.
(4) In case the contractor fails to make payment of wages within the prescribed period or
makes short payment, then the principal employer shall be liable to make payment of wages in
full or the unpaid balance due, as the case may be, to the contract labour employed by the
contractor and recover the amount so paid from the contractor either by deduction from any
amount payable to the contractor under any contract or as a debt payable by the contractor.

MIGRANT WORKERS
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act,
1979 is an Act of the Parliament of India enacted to regulate the condition of service of inter-state
labourers in Indian labour law. The Act's purpose is to protect workers whose services are
requisitioned outside their native states in India. Whenever an employer faces shortage of skills
among the locally available workers, the act creates provision to employ better skilled workers
available outside the state.

Rights of interstate workers

In addition to the general labour laws applicable to all workers, the interstate workers
are entitled with
equal or better wages for the similar nature & duration of work applicable for the local
workmen or stipulated minimum wages under the Minimum Wages Act, 1948 whichever is
more,

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 Displacement allowance (Section 14),
 Home journey allowance (Section 15) including payment of wages during the period of
journey,
 Suitable residential accommodation and medical facilities free of charge on mandatory
basis.
 Termination of employment after the contract period without any liability.
 Right to lodge compliant with the authorities within three months of any incident,
accident, etc.

Role of contractors
 Registration of all contractors who employs or employed five or more Interstate
Migrant Workmen on any day of the preceding 12 months.
 Furnish the details of workmen periodically in such forms as prescribed by state
government.
 Maintain the registers indicating the details of interstate workers and make available
for scrutiny by the statutory authorities.
 Issue of passbook affixed with a passport-sized photograph of the workman indicating
the name and the place of the establishment where the worker is employed, the period
of employment, rates of wages, etc. to every inter-state migrant workman.
 Reporting by the contractor the incidence of fatal accident or serious injury of such
workman to the specified authorities of both the States and also the next of kin of the
workman.
 Liable for the prescribed punishments for violations committed under this Act.

Role of principal employers

 Registration of all principal employers who employs or employed directly or indirectly
five or more Interstate Migrant Workmen on any day of the preceding 12 months.
 Maintain the registers indicating the details of interstate workers and make available
for scrutiny by the statutory authorities.
 Every principal employer shall nominate a representative duly authorized by him to be
present at the time of disbursement of wages by the contractor and it shall be the duty
of such representative to certify the amounts paid as wages in such manner and may be
prescribed.
 Principal employer shall be liable to bear the wages and other benefits to interstate
workers in case of failure by the contractor to effect the same.
 Liable for the prescribed punishments for violations committed under this Act.

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Role of state governments
 Appointment of inspectors to oversee implementation of this act.
 Appointment of registration officers to grant and revoke registration of contractors /
principal employers / establishments.
 Appointment of licensing officers to grant, suspend and revoke licenses to contractors /
principal employers / establishments
 Making rules for carrying out the purposes of this Act subject to the condition of
previous publication
 Entertaining appeals from the aggrieved parties and disposal of the same as per this Act.

DOMESTIC WOMEN LABOUR

Domestic Workers (Registration, Social Security and Welfare) Act, 2008 was introduced to
regulate payment and working conditions and check exploitation and trafficking of women and other
young household workers. Domestic workers are in the unorganized sector and unorganized, hence
there are practical difficulties to cover them. Though applicable to both men and women, it assumes
significance for women due to their presence in large numbers in the occupation.
Registration as Beneficiary
The Act provides that every domestic worker who has completed 18 years of age,
but has not completed 60 years of age, and is engaged in any domestic work for not less
than 90 days in the preceding 12 months, can be registered as a domestic worker.
(Section 16)

Hours of Work and Annual Leave with Wages

Any domestic worker (male or female) registered under the Act who lives in the
premises where workplace is situated is entitled to daily rest period of at least 10
consecutive hours between ending and recommencing work. Also the domestic workers
living in the house are entitled to annual leave with wages for at least 15 days. (Section
22)
Minimum Wages
All registered domestic workers should be paid minimum wages as per the
Minimum Wages Act, 1948. (Section 22)
Safety & Penalty Provisions
The Act specifically makes provisions for penalty in cases where any person
knowingly sends, directs or takes any girl or woman domestic worker to any place for
immoral purposes or to a place where she is likely to be morally corrupted or in any
manner sexually exploited. Such a person shall be subjected to imprisonment for a
minimum period of 6 months which may extend upto 7 years and fine up to Rs. 50000
or both. (Section 23).

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GENDER EQUALITY
Gender inequality in India refers to health, education, economic and political inequalities
between men and women in India. Various international gender inequality indices rank India
differently on each of these factors, as well as on a composite basis, and these indices are
controversial.
Gender inequalities, and their social causes, impact India's sex ratio, women's health over their
lifetimes, their educational attainment, and economic conditions. Gender inequality in India is a
multifaceted issue that concerns men and women.
Some argue that various gender equality indices place men at a disadvantage. However, when
India's population is examined as a whole, women are at a disadvantage in several important ways. In
India, discriminatory attitudes towards either sex have existed for generations and affect the lives of
both sexes. Although the constitution of India grants men and women equal rights, gender disparities
remain.
Research shows gender discrimination mostly in favors of men in many realms including the
workplace. Discrimination affects many aspects in the lives of women from career development and
progress to mental health disorders. While Indian laws on rape, dowry and adultery have women's
safety at heart, these highly discriminatory practices are still taking place at an alarming rate, affecting
the lives of many today.

RIGHTS OF REFUGGES
Articles 12 - 30 of the Refugee Convention set out the rights which individuals are entitled to
once they have been recognized as Convention refugees:
All refugees must be granted identity papers and travel documents that allow them to travel
outside the country
Refugees must receive the same treatment as nationals of the receiving country with regard to the
following rights:
 Free exercise of religion and religious education
 Free access to the courts, including legal assistance
 Access to elementary education
 Access to public relief and assistance
 Protection provided by social security
 Protection of intellectual property, such as inventions and trade names
 Protection of literary, artistic and scientific work
 Equal treatment by taxing authorities
Refugees must receive the most favorable treatment provided to nationals of a foreign country with
regard to the following rights:
 The right to belong to trade unions
 The right to belong to other non-political nonprofit organizations
 The right to engage in wage-earning employment

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Refugees must receive the most favorable treatment possible, which must be at least as favorable to
that accorded aliens generally in the same circumstances, with regard to the following rights:
 The right to own property
 The right to practice a profession
 The right to self-employment
 Access to housing
 Access to higher education
Refugees must receive the same treatment as that accorded to aliens generally with regard to the
following rights:
 The right to choose their place of residence
 The right to move freely within the country
 Free exercise of religion and religious education
 Free access to the courts, including legal assistance
 Access to elementary education
 Access to public relief and assistance
 Protection provided by social security
 Protection of intellectual property,
 such as inventions and trade names
 Protection of literary, artistic and scientific work
 Equal treatment by taxing authorities

ROLE OF TRADE UNIONS IN INDIA

Trade Unionism had made its headway owing to growth of industrialization and capitalism.
The Indian trade union movement is now over fifty years old. It has passed through several stages in
its career. Periods of frustration and bitter struggle have alternated with occasions of recognition,
consolidation, and achievements. This research article mainly focuses on the roles and objectives of
Trade Union in India.
Researchers have included present working conditions, identifying the needs of Trade Unions,
social responsibilities, working methodology of Trade Unions, significance of Trade Unions and role of
Trade Unions in collective bargaining because Trade Unions had made a great impact on social,
political and economic life.
The objective for which formation of trade union takes place in the recognition of law is to
spread industrial peace with aim to provide social, economic justice to people at large but this
function can only be performed if the members of the trade unions are provided with civil liberty and
democratic rights by the society they live in. at the end of research article Researchers have
mentioned the problems being faced by Trade Unions in India and suggestions for the success of
Trade Unions.

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Trade unions are a major component of the system of modern industrial relations in any
nation, each having their own set of objectives or goals to achieve according to their constitution and
each having its own strategy to reach those goals.
Union of workers plays an important role in industrial system. Annually statics on Trade
Unions are collected by Ministry of Labour, Government of India's Labour Bureau. Right to form Trade
Union in a fundamental right under Article 19 (1) (c) of the Indian Constitution.
After the First World War there was a need for the coordination among individual unions
which leads towards the trade union movement in India. Gradually this movement becomes an
essential part of industrial progress in India. Apart from economic, social and political are dimensions
of Trade Unions in India.
The Webbs defined a trade union as “a continuous association of wage-earners for the purpose
of maintaining of improving the conditions of their working lives”.
Historically, union representation and collective bargaining have been the keys to the growth
of a stable working population in developed economies, and have made it possible for workers to gain
a more equitable share of the wealth that they create; they are also able to improve working
conditions and help workers gain job security.

Functions of Trade Unions in India

1. Collective Bargaining-Hon'ble Supreme Court of India has defined Collective
bargaining as“the technique by which dispute as to conditions of employment is resolved
amicably by agreement rather than coercion” in this process negotiations and discussions take
place between employer and employee in respect to working conditions. Refusing to bargain
collectively is an illegal trade practice. Collective bargaining helps to resolve the issues of
workers. Collective Bargaining is the foundation of the movement and it is in the interest of
labour that statutory recognition has been accorded to Trade Union and their capacity to
represent workmen.
2. Trade Unions protect the worker from wages hike, provides job security through
peaceful measures.
3. Trade Unions also help in providing financial and non-financial aid to the workers
during lock out or strike or in medical need.
4. It has also to be borne in mind while making an agreement that the interest of the
workers who are not the members of Trade Union are also protected and the workers who are
not members of the Trade Union are also protected and the workers are not discriminated.

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UNIT V
REDRESSAL MECHANISM AT NATIONAL AND INTERNATIONAL LEVEL
Consumers play a key role in maintaining the economy of India. Each and every person
constitutes a consumer because each one of us is engaged in some form of exchange of goods or
services through money as a medium.
Gradually, there arise many kinds of disputes among the consumers as well as consumers and the
sellers. In this context, it has to be stated that there lies a need for a statute which regulates the
friction between the consumers and the sellers. For this purpose, Consumer Protection Act was
enacted in the year 1986 to look after the various rights and duties of the consumers during the time
of purchasing a product and even after that. The Act plays an important role in the fields where there
arises an incidence of exchange of goods or services between two persons where money acts as a
medium.
The Act also provides certain guidelines as to what measures must be complied with during the
time of such exchange, what are the various rights available to both the buyer and seller etc. It also
provides certain provisions regarding the need and formulation of various ‘Consumer Redressal
Centres’ both at the central as well as states level.
The Act lays down certain provisions regarding the definition of consumer, various consumer
protection councils, and provisions in connection with various consumer redressal agencies in India
as well as other miscellaneous provisions.
Among this, provisions relating to consumer redressal agencies demand a lot of attention in the
present Indian scenario. Many people are still not aware that there are such agencies working in favor
of consumers in every district. Due to this reason, many of them are not getting proper solutions for
their problems as consumers. Chapter III of the Act provides for the implementation of redressal
agencies. Section 9 of the Act provides for ‘establishment of consumer dispute redressal agencies’
which include:

 A District zforum established by the State Government in each district of the State by its
notification.
 A State Commission established by the State Government in each state by its notification and
 A National Commission established by Central Government by notification

STATE COMMISSION
Each State Commission shall consist of a person who is or has been a judge of High Court as its
president. The Commission also consists of not less than two members, who are above thirty-five
years of age and also possesses a degree from a recognized university.
The persons must have adequate knowledge in the field of economics, commerce, industry,
public affairs, and administration. The Act also states that not less than fifty percent of the members
shall be from amongst the persons having a judicial background.
The State Commission has a jurisdiction to entertain cases where the value of goods or services
or the compensation claimed, if any, exceeds the number of Rs. twenty lakhs but does not exceed Rs.
one crore. It also entertains appeals against any District Forum within the state and also looks after
any pending disputes or cases decided by any of the District forums in which the forums have
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exercised a jurisdiction not vested in them by the law, or has been exercised illegally or with any
material irregularity.

NATIONAL COMMISSION
The National Commission shall consist of a person, who is or has been a judge of the Supreme
Court, to be appointed by the Central Government, shall be the President, provided that no
appointment shall be made except after the consultation with the Chief Justice of India. The
commission shall consist of not less than four members of its executive committee who shall not be
less than thirty-five years of age and must be graduates from a recognized university.
They must also be specialized in the areas of commerce, economics, and administration. The
jurisdiction of the commission shall extend to any case where the compensation amount might exceed
Rs. one crore and the Commission shall also entertain appeals against State Commissions. The
Commission also has the power to check any pending disputes or cases decided by any of the State
Commissions where the State Commission has exercised a jurisdiction not vested in it by law or it has
been exercised illegally or with any material irregularity.

NATIONAL HUMAN RIGHTS COMMISSION (NHRC) of India is an autonomous public body

constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September
1993. It was given a statutory basis by the Protection of Human Rights Act, 1993 (TPHRA). The NHRC
is the National Human Rights Commission of India, responsible for the protection and promotion of
human rights, defined by the Act as "rights relating to life, liberty, equality and dignity of the
individual guaranteed by the Constitution or embodied in the International Covenants".

FUNCTIONS OF NATIONAL HUMAN RIGHTS COMMISSION

The Protection of Human Rights Act mandates the NHRC to perform the following functions:[2]

 Proactively or reactively inquire into violations of government of India human rights or

negligence in the prevention of such violation by a public servant
 By leave of the court, to intervene in court proceeding relating to human rights
 Make recommendations about granting relief to the victims and their families.
 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
 Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and
recommend appropriate remedial measures
 To study treaties and other international instruments on human rights and make
recommendations for their effective implementation
 Undertake and promote research in the field of human rights
 Engage in human rights education 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
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 Encourage the efforts of NGOs and institutions congress to working in the field of human rights.
 Such other function as it may consider it necessary for the protection of human rights.
 Requisitioning any public record or copy thereof from any court or office.
 By sitting and taking application and rejecting them on the basic of sex, caste, income and
social status.

STATE HUMAN RIGHTS COMMISSION

A State Government may constitute a body known as the Human Rights Commission of that
State to exercise the powers conferred upon, and to perform the functions assigned to, a State
Commission.
In accordance to the amendment brought in TPHRA,1993 point No.10 below is the list of State
Human Rights Commissions formed to perform the functions of the commission as stated under
chapter V of TPHRA,1993 (with amendment act 2006). At present, 25 states have constituted SHRC.

Functions of the Commission:

According to the protection of Human Rights Act, 1993; below are the functions of State Human
Rights Commission:
(a) Inquire suo motu or on a petition presented to it, by a victim, or any person on his be into
complaint of violation of human rights or negligence in the prevention of such violation by a public
servant.
(b) Intervene in any proceeding involving any allegation of violation of human rights before a
Court with the approval of such Court.
(c) Visit any jail or any other institution under the control of the State Government where
persons are detained to study the living conditions of the inmates and make recommendations
thereon
(d) Review the safeguards provided by or under the constitution of any law for the time being
in force for the protection of human rights and recommend measures for their effective
implementation.
(e) Review the factors, including acts of terrorism that inhibit the enjoyment of human rights
and recommend appropriate remedial measures.
(f) Undertake and promote research in the field of human rights.
(g) Spread human rights literacy among various sections of society and promote awareness of
the safeguards available for the protection of these rights.
(h) Encourage the efforts of Non-Governmental organizations and institutions working in the
field of human rights.
(j) Undertake such other functions as it may consider necessary for the promotion of human
rights.

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WORKING OF THE COMMISSION
• The commission is vested with the power to regulate its own procedure.
• It has all the powers of a civil court and its proceedings have a judicial character.
• It may call for information or report from the state government or any other authority
subordinate thereto.
It has the power to require any person subject to any privilege which may be claimed
under any law for the time being in force, to furnish information on points or matters useful
for, or relevant to the subject matter of inquiry. The commission can look into a matter within
one year of its occurrence.

FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES OF STATE POLICY as enumerated in part III
and part IV respectively of the Constitution are the two sides of the same coin. One without the other
is incomplete and unfulfilled. The fundamental rights ensure political democracy while the directive
principles ensure economic and social democracy.
The objective of the fundamental rights is to provide congenial environment for the fullest
development of the personality of the Indian citizens. For the fulfillment of this objective the
individual has been given a good number of freedoms. The objective of Directive Principles of State
Policy is to provide the individual with socio-economic and political justice.
1. Justiciability:
The first major difference between Fundamental Rights and Directive Principle is that
while the former are justiciable, the latter are non-justiciable. Article 32 gives to the people the
right to constitutional remedies which guarantees the legal protection of these rights.
People can move to the Supreme Court and high courts for the implementation of the
fundamental rights. On the other hand directive principles are not enforceable.
Article 37 specifically mentions that provisions contained in this part (Part IV Directive
Principles) shall not be enforceable by any court. Directive principles neither contain neither
legal nor constitutional sanction nor provide for any method by which their non-
implementation or violation can be got redressed by the people.
2. Nature of Instructions:
A vital difference between Fundamental Rights and Directive Principles of State Policy is
that while the former are of negative and the latter are of positive nature. Fundamental rights
impose a number of limitations either on the citizens or on the state.
They prohibit the state from doing something e.g. Article 15 states, “The State shall not
discriminate against any citizen on grounds only of religion, caste, sex, place of birth or any of
them,” Article 21 lays down that “No person shall be deprived of his life or personal liberty.”
On the other hand Directive Principles are positive instructions to the state to attain or
to do certain things e.g. to organise village panchayats, to check the concentration of wealth
and resources, to introduce prohibition, to protect historical monuments to promote
international peace etc.

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3. Democratic System:
Fundamental Rights lay down the foundation of political democracy whereas the
Directive principles lay down the foundation of economic democracy. The freedom of speech
and expression, the freedom to form associations or unions, freedom to assemble peacefully
etc.
All provide for the operationalisation of a democratic system and are the essential
political pillars of a democratic system. On other hand, the Directive Principles aim at the
establishment of the socio-economic democratic system in India. Their aim is to put an end to
all sorts of exploitation and to establish and maintain economic equality in the Indian Political
System through appropriate legislation by the state.
4. Legal Superiority:
Fundamental rights are judicially supreme over the Directive Principles of State Policy.
Fundamental Rights are enforceable. These have been given a priority of mention in the
constitution. Directive Principles are non-enforceable principles which have been incorporated
in the Constitution after the fundamental rights. These features are a source of legal superiority
of the latter over the former.
In the event of a conflict between Part III and Part IV, the Supreme Court has always
upheld the legal supremacy of the fundamental rights. In the case of the State of Madras, Vs.
Champakam Dorairajan the Supreme Court held, “The directive principles of the state policy
which were expressly made unenforceable by a court cannot over-ride the provisions of Part
III which . . . . are made enforceable by appropriate writs, orders or directions under Article 32.
The directive principles have to conform to and run subsidiary to the chapter on fundamental
rights.”
In 1980, the Supreme Court while delivering judgement in the Minerva Mills case made
it quite clear that the producedence or supremacy given to the Directive Principles over the
fundamental rights according to the Forty Second constitutional amendments was wrong. The
courts have accepted viewpoint that the directive principles are subsidiary and not supreme
over the fundamental rights.
5. Operative:
Fundamental Rights have been achieved whereas Directive Principles are yet to be
achieved. With the inauguration of the Constitution, part III containing the fundamental rights
of the people become operative and people got these constitutionally guaranteed and
enforceable rights since the day of the implementation of the constitution. On the other hand,
the directive principles of state policy are yet to be attained. Some laws have been enacted to
implement some of these principles but most these are yet to be secured by the state.
6. Pressure:
There is legal force behind Fundamental Rights whereas Directive Principles have the force
public opinion. The constitution clearly vests the fundamental rights in a constitutional and
legal basis and makes these provisions enforceable by the courts. These are binding on the
state. Their violation is an offence. On other hand, Directive Principles have been denied a legal
basis by the constitution. But the Directive Principles enjoy widespread support of public
opinion. The State finds it essential to work for the implementation of these principles under
the pressure of public opinion.

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HUMAN RIGHTS Sri Vidya Mandir Arts & Science College.
7. For State and Citizen:
Fundamental Rights are for citizen whereas Directive Principles are for state. The fundamental
rights are given to the people of India so that they may be able to develop their personalities
whereas Directive Principles are the directives for the state which would keep in view while
formulating national policies. They guide the state in the formulation of national policy.
8. Conflicting:
Due to difference in the nature of fundamental rights and directive principles of state policy
there has been tension in the mutual relationship between Part III and Part IV of the
constitution. Fundamental rights as enshrined in Part III of the constitution the civil political
dimension of Indian democracy. These stands constitutionally granted and guaranteed. The
directive principles as enshrined in Part IV of the constitution constitute the socio-economic
dimension of the Indian democracy which the state is to achieve through appropriate
legislation.
No one as such can question the attempts of the state to implement the directive
principles. However, the existence of some conflict between some of the fundamental rights
and directive principles, at times, makes the attempts controversial. In the past, the Right to
Equality, the Right to freedom and the Right to property as contained in Articles 14, 18, 19, 22
and 31 respectively often got involved in a controversy with several laws which were enacted
by the state for implementing the Directive principles contained in articles 39 (b) and 39 (c)
and others.
Before the deletion of the Right to Property [Art 19(1) and 31] from Part III i.e. before
the enactment of 44th Amendment Act, there remained present a continuous conflict between
it and the Directive Principles mentioned under Article 39. Article 19 (1) (g) guarantees the
freedom to practice any profession or carry on any profession, trade or business but Article 47
calls upon the State to introduce prohibition and to ban cow slaughter. Fundamental Rights do
not include the right to work, education and public assistance but Article 41 of Part IV calls
upon the State to make effective provisions for securing these.
Article 15 (1) prohibits discrimination. So is the case of Articles 29 (2) which holds that
‘No citizen shall be denied admission to an educational institution … on grounds only of
religion, race, caste, language or any to them”. These Articles often make the implementation of
the Directive Principles under Article 46 difficult which all upon the State to take special care
for protecting the educational and economic interests of the weaker sections of the people.
This feature has been a source of conflict between Fundamental Rights and Directive
Principles.
Indian Constitution on the one hand declares that the Directive Principles of State Policy
are not justiciable but on the other hand observes that these will be fundamental in the
governance of the country. It makes a responsibility of the State to implement the Directive
Principles through appropriate legislation. In doing so, government often finds itself limited by
existence of constitutionally guarded and legally sanctioned fundamental right of the people.

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