UNIT-5: Human Rights: Functioning of different human rights organizations in the country and

the National Human Rights Commission in India, Relationship between Human Rights and
Fundamental freedom NHRC and its working, other organizations working for the cause,
Relationship between Human Rights and fundamental freedom, addressing rights of women,
children, disabled and tribals Comparing diverse issues of tribals, refugees and prisoners.
Challenges faced by legal academicians, activists and NGOs in effective implementation of Human
Rights and laws. Various perspectives and role of Media, Laws safeguarding Human Rights and
its implementation.

Functioning of different human rights organizations in the country and the

National Human Rights Commission in India
The National Human Rights Commission or NHRC is a standalone entity of the Government of
India with the mission of promoting and protecting human rights. It is a statutory body mentioned in
the Constitution of India that was established in 1993 under the ‘Protection of Human Rights
Act.’ This act was further amended in 2006.

What is the National Human Rights Commission (NHRC)?

The National Human Rights Commission (NHRC) established in 1993, is an independent statutory
body as per the provisions of the Protection of Human Rights Act of 1993 which was amended in
2006.
• Human Rights are an indispensable part of society and Human Rights in India are watched
by NHRC.
• NHRC acts as a watchdog of human rights in the country.
• NHRC looks over the rights that are related to life, dignity, liberty and equality of the
individual that is defined in Section 2(1) of the PHR Act.
• They are guaranteed by the Constitution of India, embodied in the international covenants
and are enforceable by the courts of India as well.
• NHRC was established in compliance with the Paris Principles of Human Rights, 1991
which were adopted for the promotion and protection of Human Rights and were endorsed
by the United Nations at its General Assembly of 1993

NHRC History
• In 1948, the UN adopted the UDHR (Universal Declaration of Human Rights).
• In 1991, the Paris Principles were established by the National Human Rights Institutions
(NHRIs).
• In 1993, the UN adopted these Paris Principles at its General Assembly.
• In 1993, India enacted the Protection of Human Rights Act.
• This led to the formation of the National Human Rights Commission (NHRC).

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 • The Protection of Human Rights Act also allowed state governments to establish the State
Human Rights Commission.

NHRC Composition – Members of NHRC

• The National Human Rights Commission (NHRC) is composed of a Chairperson and eight
other members.
• Those eight members are:

◦ Four full-time members.

◦ Four deemed members.

Chairman of Retired Chief Justice of India

NHRC

Member 1 One who is/has been a Judge of Supreme Court of India or One who is/has
been a Chief Justice of a High Court

Three Candidates with the knowledge or practical experience in the matters of

Members Human Rights (at least one to be a woman member)

Deemed Deemed members are chairpersons of the below national commissions:

Members (Ex- 1. National Commission for Minorities
officio 2. National Commission for Scheduled Castes
Members)
3. National Commission for Scheduled Tribes
4. National Commission for Women
5. National Commission for Protection of Child Rights
6. National Commission for Backward Classes
7. Chief Commissioner for Persons with Disabilities

Appointment of NHRC Members

• A Selection Committee will recommend the candidates to the President.
• The Selection Committee includes:

◦ Prime Minister (Chairman)

◦ Speaker of Lok Sabha

◦ Union Home Minister

◦ Deputy Chairman of Rajya Sabha

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 ◦ Leaders of the Opposition in both Houses of the Parliament

▪ Tenure: The chairman and members hold office for a term of three years or until
they attain the age of 70 years, whichever is earlier.
◦ The President can remove the chairman or any member from the office under some
circumstances.
▪ Removal: They can be removed only on the charges of proved misbehaviour or
incapacity, if proved by an inquiry conducted by a Supreme Court Judge.
▪ Divisions: Commission also has five Specialised Divisions i.e. Law Division, Investigation
Division, Policy Research & Programmes Division, Training Division and Administration
Division.

Functions & Powers of NHRC

The functions of the National Human Rights Commission (NHRC) as stated in Section 12 of the
Protection of Human Rights Act,1993 includes enquiry into complaints of violation of human rights
or negligence in the prevention of such violation by a public servant. The Commission also studies
treaties and international instruments on human rights and makes recommendations for their
effective implementation to the Government.
• NHRC can investigate any complaints related to violations of Human Rights in India either
suo-moto or after receiving a petition.
• NHRC can interfere in any judicial process that involves any allegation of violation of
Human Rights.
• It can visit any prison/institute under the control of the state governments to observe the
living conditions of inmates. It can further make recommendations based on its observations
to the authorities.
• NHRC can review the provisions of the Constitution that safeguard Human Rights and can
suggest necessary restorative measures.
• Research in the field of Human Rights is also promoted by the NHRC.
• Human Rights awareness and literacy through different media are promoted by NHRC in
various sectors of society.
• NHRC has the power to recommend suitable steps that can prevent violation of Human
Rights in India to both Central as well as State Governments.
• The President of India gets an annual report from NHRC which is laid before both the
Houses of the Parliament.

Limitations of NHRC
It is important to know the limitations of NHRC for the UPSC exam. They are mentioned below:
• The Recommendations made by the NHRC are not binding.
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 • Violation of Human rights by private parties cannot be considered under NHRC
Jurisdiction.
• NHRC doesn’t have the power to penalise the authorities that don’t implement its
recommended orders.
• 3 of the NHRC members are judges which give the functioning of the Commission a judicial
touch.
• The other members that are recommended by the Selection Committee may not necessarily
be Human Rights experts.
• The NHRC does not consider the following cases:

◦ Cases that are older than one year.

◦ Cases that are anonymous, pseudonymous or vague.

◦ Frivolous cases.

◦ Cases pertaining to service matters.

• The NHRC has limited jurisdiction over cases related to armed forces.
• The NHRC faces other issues like excess cases/complaints, insufficient funds, bureaucratic
functioning style, etc.

Major Issues related to NHRC

India faces Human Rights violations on a large scale due to various reasons. The National Human
Rights Commission (NHRC) takes up most of the issues around the country. Some of them are
mentioned below:
• Arbitrary arrest and detention
• Custodial torture
• Child labour
• Violence and discrimination against women and children
• Extrajudicial killings
• Excessive powers
• Sexual violence and abuse
• LGBTQ community rights
• SC/ST, disabled people and other religious minority issues
• Labour rights and right to work
• Conflict induced internal displacement
• Manual scavenging

Term & Removal of Chairperson of NHRC

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The Chairperson or the Members of the National Human Rights Commission holds office for a term
of three years or until they attain the age of 70 years, whichever is earlier.
Earlier the tenure of office was 5 years or 70 years whichever is earlier but the Protection of Human
Rights (Amendment) Bill 2019 brought in certain changes.
The Protection of Human Rights (Amendment) Act, 2019
The differences between the Protection of Human Rights Act 1993 and the Protection of Human
Rights Amendment Bill 2019 with respect to NHRC is given below-

National Human Rights Commission (NHRC) – Key Differences

Protection of Human Rights Act Protection of Human Rights

1993 Amendment Bill 2019

Chairpers The commission shall consist of a Chief justice of the Supreme court or
on chairperson who has been a Chief the Judge of the Supreme Court shall be
Justice of the Supreme Court the chairperson of NHRC

Other NHRC must consist of two members The bill amends this to allow three
Members to be appointed from among the members to be appointed of which at
persons having knowledge of, or least one will be a Woman
practical experience in the matters
relating to Human Rights

Ex- The Chairpersons for National The Bill provides for including the
Officio Commission for Minorities, National chairpersons of the National
Members Commission for Scheduled Castes and Commission for Backward Classes,
scheduled Tribes and National National Commission for the protection
Commission for Women shall deemed of Child Rights and the Chief
to be Member of the Commission Commissioners for Persons with
Disabilities as the members of NHRC

Term The Act states that the Chairperson The bill reduces the term of Office to 3
and Member of NHRC will hold office years or till the age of 70 years
for 5 years or till the age of 70 years, whichever is earlier.
whichever is earlier

Reappoint The act allows for the reappointment The bill removes the five year limit of
ment of the member of NHRC for the term reappointment
of five years

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 Powers of The act provides for a Secretary- The Bill amend this and allowed the
Secretary- General who shall be the Chief Secretary-General to exercise all the
General Executive Officer of the Commission administrative and Financial powers
and shall exercise powers as may be (except Judicial functions) subject to
delegated to them Chairperson’s control

The Protection of Human Rights (Amendment) Bill, 2019 has been passed in both Lok Sabha and
Rajya Sabha in 2019.

Relationship between Human Rights and Fundamental freedom NHRC and its working
Human Rights and fundamental freedoms are intrinsically linked; fundamental freedoms are
specific rights guaranteed by a nation's constitution that fall under the broader umbrella of universal
human rights, which are rights inherent to all individuals by virtue of their humanity. The National
Human Rights Commission (NHRC) in India promotes and protects these rights by investigating
violations and recommending actions to the government, ensuring the protection of life, liberty,
equality, and dignity.

Human Rights
• Universal and Inherent: Human rights are the basic rights and freedoms to which
all people are entitled, regardless of their origin, nationality, or other status.
• International Framework: They are enshrined in international agreements like the
Universal Declaration of Human Rights (UDHR) and are part of international law.
• Broader Scope: The concept of human rights encompasses a wide array of rights,
including the right to life, liberty, security, dignity, and protection from torture and
inhumane treatment.

Fundamental Freedoms
• Constitutional Guarantees: Fundamental freedoms are a subset of human rights,
specifically those guaranteed by a country's constitution, such as India's.
• Specific Rights: Examples include freedom of speech and expression, the right to
equality, and the right to life, liberty, and security of person.
• National Implementation: These are the specific legal rights that a nation commits
to protecting for its citizens.

The NHRC's Role

• Protecting Human Rights: The NHRC acts as a watchdog to safeguard the
fundamental rights of individuals and uphold human rights standards within India.
• Investigating Violations: It investigates complaints of human rights abuses and
monitors the government's compliance with human rights norms.

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 • Promoting Awareness and Reform: The NHRC also works to raise awareness
about human rights and makes recommendations to the government to improve the human
rights situation and enforce these freedoms.
• Bridging the Gap: By focusing on constitutional guarantees like fundamental
freedoms and international human rights standards, the NHRC helps ensure that the rights of
all individuals are respected and protected.

Unit 5: Constitution SRG Page 7 of 22

Addressing rights of women, children, disabled and tribals, Comparing diverse
issues of tribals, refugees and prisoners:

A society is a complex set of individuals that together gives rise to a complex societal structure and
what governs this complex set is a legal system. A legal system is what keeps a society intact and
sane. However, it is quite easy to say that laws are meant to protect everyone and is a step towards
attaining the concept of a utopian society. As the reality plays out, the practice of these laws lays in
quite stark contrast with the legal context as in reality these laws get mended and bent along the
way as they tend to serve just a particular section of the society. Antonio Gramsci had once said,
“the law is rather an expression of the ruling class, which imposes on its raison d’etre and
expansion.” And hence, “The greatest function of law is to presuppose that insofar as all citizens can
become members of the ruling class.”
However, despite this ideology connoting that laws are meant only for the ‘ruling class ’which infers
that someone over the course gets to be dominated at and hence, it is not only problematic but is full
of folly dichotomy being used to describe the essence of the legal system. Sadly, it seems this kind
of ideology i.e. the feeling of entitlement still prevails in the society’s ‘ruling class’. This is the
reason that despite so many years of progressions and advancements made, there are marginalized
communities in the society that still have to take the help of legal framework to ‘provide ’them with
certain rights rather than their birth ensuring that they are guaranteed to live life with basic human
dignity.
When one tries to analyze the laws that ultimately frame the social order, they are forced to question
their ultimate purpose, whether they are meant to be applied to everyone, or are they just a medium
to drive a specific oriented human behavior in making the society work. The question might as well
go under various debates or different ideological perceptions but it draws a bottom line that
indubitably the laws are what govern the society’s functioning and help in ensuring the survival of
society.
It is the law that ultimately becomes the ideological bearer for the society, a tool for bringing radical
change, and a messiah for the marginalized. And hence, several discriminated groups have
throughout history demanded their right which the society deemed fit to diverge from and arbitrarily
snatch and tie them to the thraldom slavery, discrimination and submission. It has then always been
the institution of the court which has stood up and acted to make the woman equal to that of man,
disabled to that of the able, child to that of the mature, elderly to that of the young.

Rights of Women
The ’70s was the D-time which finally witnessed feminist campaigns in India. It finally saw the
origin of seeking reformation of their long lost human dignity by knocking the legal doors. Though
the movement didn’t gain much cognizance or came under public scrutiny, the shocking incidents
that happened across the country paved the way for the people to realize the heinous atrocities that
were faced by the women.
The Mathura case where the gendered language made the victim itself the culprit, the gravity of
sexual violence during the Gujrat riots, the Rupan Deol Baja case where a ‘seemingly ’small
Unit 5: Constitution SRG Page 8 of 22
incident made the national media protect the culprit are some of the cases which are hard to forget
and has till now served as a reminder that sexual violence can occur anywhere and the definition of
a victim can be changed through so ‘moral ’or ‘contrary to human behavior ’and ultimately who ‘is
not worthy ’to get arrested gets easily mended on what suits the majoritarian’s conscious.
Patriarchy has been so deeply rooted that it just not restricts itself to grave sexual violence, but also
family structures, and many a time the courts themselves have upheld the given status of women in
society. E.g. Recently, a session court recently granted anticipatory bail to a Mumbai couple
accused of mistreating their daughter-in-law, saying taunting by in-laws is something that every
family witnesses as part of the “wear and tear” of married life.
It goes unsaid this judgment further propagates domestic violence and hereby refuses to give
importance to mental health. Alongside domestic violence and sexual offense, there exists a gender
pay gap, lack of representation, and hence, rights have what brought to some extent an ideological
change and thereby are privy in ensuring that they get ‘privileged ’enough to live life with dignity
and independently. Following are some of the essential rights which brought a positive wave of
transformation
• Right to a safe environment: Bhanwari Devi, a social reformist, as part of her job
attempted to prevent child marriage but that raised a question over the domination of the
bearers of patriarchy and as a result, she was gang-raped.
The court in this infamous Vishaka case observed that the crime was a violation of art. 14,19
and 21. Relying on CEDAW,( The Convention on the Elimination of all Forms of
Discrimination Against Women) an international instrument to which India is a signatory,
the court laid down the historic Vishaka Guidelines. These guidelines were later converted
verbatim into The Sexual Harassment of Women at Workplace (Prevention, Prohibition &
Redressal) Act, 2013
• Right to equal pay: The court in Randhir Singh v Union of India constitutionalized article
39-d saying “that there is equal pay for equal work for both men and women”.
• Right to bodily integrity: The apex court through Suchita Srivastava v Chandigarh
Administration brought in a new sphere to Article 21 of the constitution as it introduced the
right to make reproductive choices on whether the woman wants to go ahead with her
pregnancy or abort her fetus.
• Right to the custody of minors: Through the supreme court judgment in Roxann Sharma
Vs Arun Sharma, the court helped in establishing the notion that the mother is a natural
guardian and brought an end to the bitter legal issues faced in getting custody of their
children.
• Right to marry or live with anyone of choice: The court through its landmark judgment
in Lata Singh vs State of Uttar Pradesh finally brought an end to the question of so “honor
killing” over inter-caste/ inter-religion marriage and validated a woman’s personal freedom
to choose who she wants to marry or live with.
• Property right: The apex court, in its 121-page judgment in Vineeta Sharma v Rakesh
Sharma, overturned its prior judgment and held that daughters and sons have equal
coparcenary rights in a Hindu undivided family and marital status of daughters in the future
shall not affect its viability.
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 • Right to a reservation in Panchayat: Representation becomes vital for making demands
heard especially when there has been a history of suppression and the others deciding what’s
good for the other rather than asking them, Article 40 of the constitution quite rightfully
reserves one-third of seats for women in the panchayat.

Laws for Women in India: In India t

here are laws that safeguard the rights of women, in aspects such, as family matters, criminal
offenses, employment conditions and property ownership. Our constitution provides rights to ensure
the protection and progress of women. In this section of the article we will delve into the laws that
protect women in India.
1. The Protection of Women from Domestic Violence Act, 2005: Protection of Women from
DVA, 2005 is one of the key Acts and laws for women in India meant for protecting women who
are oppressed by domestic violence. The law provides for strict legal actions against husbands that
harass, abuse and maltreat women in their own houses. The law strives to provide protection orders,
residence orders, as well as monetary relief, which is meant to secure their safety and general
wellbeing.
2. Protection of Women from Domestic Violence Act, 2005 along with Rules, 2006: This bare
act by Universal and Lexis Nexis covers all aspects of the law and contains both the Act and
subsequent rules together. It is a must read for lawyers, students and people dealing in family
matters.
3. The Dowry Prohibition Act, 1961: The main intention of the Act was to stop the menace of
dowry in India. It completely prohibited the giving and taking of dowry. It also aims to protect
woman who want to get married but aren’t able to because of frivolous dowry demands from the
prospective groom’s side. However, still there are a lot of cases surrounding dowry and it has been
very difficult to enforce this law because of the huge population of the country and cases not being
filed due to fear.
4. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal)
Act, 2013: It deals with sexual harassment of women at the work place. It provides a legal basis that
will help curb any such harassments and protects women, hence creating a safe and fair working
atmosphere free from sexual harassment of women and their abuse. The Act mandates establishing
of internal committees and POSH Policy for addressing complaints and prompt redressing of the
cases. This latest (2023) edition of the bare act by Universal and Lexis Nexis comprehensively
covers the act and its subsequent rules. It is a must read for lawyers, HRs and people working in
companies and organisations.
5. The Medical Termination of Pregnancy Act, 1971: In India, termination of pregnancy is
regulated under the Medical Termination of Pregnancy Act, 1971 (MTP Act). Under this act a
woman is allowed to end her pregnancy within 20 weeks if it’s essential, for preserving her life
poses a risk to her physical or mental wellbeing or if the pregnancy resulted from rape. Universal
and Lexis Nexis’s bare act on Medical Termination of Pregnancy Act, 1971 along with Rules and
Regulations contains the Act, as well as the 2003 rules and regulations which is an ideal reading
material for those who want to learn the law.

Unit 5: Constitution SRG Page 10 of 22

6. The Maternity Benefit Act, 1961: It is difficult for working mothers to work during childbirth
and in pre-child birth stage. Hence, the Maternity Benefit Act, 1961 was established. The Act
mandates for a minimum of 12 weeks of maternity leave to mothers. In the 2017 Amendment, this
was increased to a maximum of 26 weeks. Universal and Lexis Nexis’s Bare Act on Maternity
Benefit Act, 1961 is an ideal guide for practitioners, students and the like because it contains all the
recent amendments and rules & regulations.
7. The Equal Remuneration Act, 1976: The Equal Remuneration Act, 1976 (ERA) provides for a
gender non-discriminatory and equality based legislation that mandates that men and women both
should be paid equal remuneration for the same or equal work that they do, thus providing them
with equal benefits and economic opportunities at work. Universal and Lexis Nexis’s Bare Act
on Equal Remuneration Act (ERA), 1976 which has been repealed by the Code on Wages, 2019
contains in it all allied rules and regulations.
8. The Prohibition of Child Marriage Act, 2006: This act also seeks to prevent forced marriages
that involve minors, so as to safeguard their rights. It aims to guarantee that girls are allowed to
mature, educate themselves and be able to make wise choice concerning their lives and marriages
which in turn secures their health and wellbeing. However, it has been quite difficult to enforce this
law in many parts of the country due to customs and traditions.
9. The Hindu Succession Act, 1956: The Amendment Act, passed in 2005 known as the Hindu
Succession (Amendment) Act, 2005 granted daughters rights to property in joint families. This
change ensured that both men and women are treated as beneficiaries when it comes to inheriting
property.
10. The Indecent Representation of Women (Prohibition) Act, 1986: The act mandates that there
can be no indecent representation of women in any form- whether print, media, advertisements. It
strives to protect the dignity and decency of women and promotes respect towards women.
11. The National Commission for Women Act, 1990 (NCW): The (NCW) was formed in 1990
through the enactment of the NCW Act. Its primary objective is to safeguard and advance women’s
rights in India. The NCW actively tackles matters concerning gender-based discrimination,
violence, against women and various violations of women’s rights.

India has a range of provisions and laws for women in India, that safeguard their rights across
various aspects of life such, as criminal offenses, family issues etc. These laws have played a role in
shielding women from discrimination and violence while fostering gender equality. However
certain obstacles persist in implementing these laws. These challenges encompass a lack of
awareness, societal and cultural norms as weak enforcement mechanisms. It remains imperative to
continue our efforts in addressing these issues and ensuring that every right and law for women in
India can be exercised by them without fear of violence.

Rights of children
It is often said that children are the face of god because they are filled with innocence which
humans with age seem to forget as they get eloped by the greed that the evil side of the materialistic
world provides. Maybe that is the reason that yet another community sees itself tied in a vulnerable
Unit 5: Constitution SRG Page 11 of 22
position. Whether it’s making them get married to uphold marriage as a social-religious affair, or
them facing exploitation either sexually or making them work under excruciating conditions. To
protect the very innocence that the period of childhood offers which ultimately helps in shaping the
future of our country, these rights become a guiding light for the public authorities or the concerned
guardians/ institutions. And courts through their intervention have safeguarded them from the evil
clutches of the ugly side of the human race.
• Right to education: The Supreme court in the case of Mohini Jain and Unnikrishnan vs
State of Andhra Pradesh ruled that the right to education is a fundamental right that flows
from the Right to life in Article 21 under Indian Constitution and hence later the benchmark
86th amendment to the constitution in 2002 was made under article 21 A reading “The State
shall provide free and compulsory education to all children of the age of six to fourteen
years in such manner as the State may, by law, determine.”
• Right to a safe environment in schools: The court in Avinash Mehrotra further interpreted
the right to education amendment and included that all children have the right to learn in a
safe environment.
• Right against exploitation: Through article 24 of the constitution, the article strictly
prohibits the employment of children under 14 years of age in factories and any hazardous
processes which through further interpretation and amendment include domestic, hotel, and
restaurant work.
• Right to minimum living with human dignity: the court in VikramDeo Singh Tomar v
State of Bihar took cognizance of the pitiable conditions prevailing in care homes
maintained by the State of Bihar for women and children and has directed the State to
improve matters in these homes and provide at least the minimum living conditions ensuring
human dignity.
• Right to Survival: Ensuring a Strong Start: Every child has the right to survival – a right of
child to be born and cared for, irrespective of their gender or social background. This right
underscores the importance of proper nutrition, healthcare, and a safe environment during
the early years of life, allowing each child to thrive and fulfil their potential.
• Right to Protection: Safeguarding Innocence: Child protection is a paramount concern. The
Child Protection Act in India safeguards children from abuse and exploitation, ensuring their
physical, emotional, and psychological well-being. By addressing issues such as child
labour, trafficking, and causes of child marriage, upholding this right of child creates a safer
environment for all children to grow and thrive.
• Right to Participation: Empowering Young Voices: Children are not passive recipients;
they are active participants in society. Every child deserves a platform to voice their
opinions, ideas, and concerns. Encouraging their participation in decision-making processes
fosters a sense of responsibility and citizenship from a young age.
• Right to Development: Nurturing Holistic Growth: Childhood is a period of rapid growth
and development. This right emphasizes the importance of ensuring that every child has
access to nutrition, healthcare, and opportunities that promote their physical, mental, and
emotional well-being.

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 • Right To Health And Well-Being: Building A Healthy Future: Good health is fundamental
to a child's growth. This right encompasses proper healthcare, immunization, and sanitation
facilities to prevent diseases and promote overall well-being among children.
• Right to Identity: Recognizing Individuality: Every child has the right to an identity,
including a name and nationality. Birth registration is crucial not only for legal recognition
but also for accessing essential services and entitlements. This right of child to identity helps
ensure access to education, healthcare and benefits.
• Right to Expression: Fostering Creativity: Children are natural explorers and creators. This
right encourages freedom of expression, allowing children to express their thoughts, ideas,
and creativity without fear.
• Right against Discrimination: Promoting Equality: Discrimination based on gender, caste,
religion, or any other factor has no place in a just society. This right ensures that every child
is treated equally, regardless of their background, empowering them to reach their full
potential.
Further the Draft National Policy and Charter for Children, 2001 provides several other rights like :
• Right to Survival : (Article 1 )
• Right to health and nutrition (article 2 &3)
• Right to a Standard of Living (Article 4)
• Right to Play and Leisure (Article 5)
• Right to Protection
• Right to participation: According to the UN Convention on Child Rights, Children have the
right to participate in decision making and due weight should be given to their opinions,
according to their opinions, age, and maturity.

Rights of senior citizens

It is quite ironic that the country that has taught generations to respect elders at all stages faces an
all-time exuberant threat over their question of survival. With the growing change in dynamics of
the family structure i.e. the growing no. of nuclear families, it has come to light the lack of
institutional medical system or community care schemes to support the elderly in India. This
particular age community faces no. of problematic situations like financial stress, emotional care,
emergency in health problems, legal disputes, etc. The marginalization of this community is a cause
of grave concern as it has led to social isolation and instead of living a quality life, they have to
undergo the everyday struggle of battling loneliness, isolation, mental health well as physical health
problems and making their ends meet. Thereby legal sanctity seems to be their only relief and
getting their community acknowledged.
The rights of senior citizens include:
• Right to live with dignity: The Uttarakhand high court two-judge bench laid down several
mandatory directions to be abused by the state through the Senior Citizen Welfare
Organization & another v. State of Uttarakhand & Anr. Where it has been laid down that It
is the duty cast upon the State Government to protect the life, liberty, and property including
dignity and decency of senior citizens. They cannot be permitted to be left unattended in the
twilight of their lives. Ours is a welfare and socialist state and it is expected that every senior
Unit 5: Constitution SRG Page 13 of 22
 citizen should live in a dignified manner with the assistance to be provided by the State
Government along with the establishment and maintenance of old age homes.
• Right over immovable property and eviction of abusive children: The high court of
Chattisgarh in Pramod Ranjankar & Anr. v. Arunashankar & ors held while allowing the
Petitioner’s interim application for eviction opined that the anxiety to stop the right of the
abuse of senior citizen is to be made effective as otherwise, it would be a symbolic collapse
of the legal system by not responding to the request or by adhering to the dummy mode by
Courts. Whereas the Apex court in Sunny Paul and another v state NCT of Delhi has already
held over the senior citizen’s right over immovable property.
• Right to the maintenance of old widows: The court through Narayanarao Ramachandra
Pant V. Ramabai identified the need and hence laid down the right to maintenance of old
widows
• Right to maintenance: The court altered the Hindu family through Kirtikant D. Vadodaria
v. the State of Gujarat and set a benchmark that irrespective of being a son or a daughter, old
and infirm parents are entitled to maintenance, The only fallback was that it was limited
only Hindu family structure.

Rights of People with Disability

The average employment rate of people with disabilities is 0.28 percent in the private sector and
0.54 percent in the public sector. A recent WHO report showed that 87 percent of persons
with disabilities in India worked in the informal sectoR.
Additionally, children with disabilities are 3.7 times more likely than non-disabled children to be
victims of any sort of violence, 3.6 times more likely to be victims of physical violence, and 2.9
times more likely to be victims of sexual violence. Children with mental or intellectual impairments
appear to be among the most vulnerable, with 4.6 times the risk of sexual violence than their non-
disabled peers. Whereas violence against adults with disabilities found that overall they are 1.5
times more likely to be a victim of violence than those without a disability, while those with mental
health conditions are at nearly four times the risk of experiencing violence. Thereby being the
biggest democracy in the world, it is imperative for the govt. to consider their needs and provide
rights from which the society drifted away.
• Right against discrimination of disability: The court through Deaf Employees Welfare
Association v Union of India put an end to the system which through its analysis inferred
one disability to cause more hamper in daily functioning and held that deaf and mute people
should be equally given transportation allowances with that of people with blind and
orthopedically handicapped employees of the government.
• Right to reservation: The court through Government of India v Ravi Prakash Gupta held “It
is only logical that, as provided in section 32 of the aforesaid Act, posts have to be identified
for reservation for Section 33, but such identification was meant to be simultaneously
undertaken with the coming into operation of the Act, to give effect to the provisions of
Section 33. The legislature never intended the provisions of section 32 of the Act to be used
as a tool to deny the benefits of Section 33 to these categories of disabled persons indicated

Unit 5: Constitution SRG Page 14 of 22

 therein. Such a submission strikes at the foundation of the provisions relating to the duty
cast upon the appropriate government to make appointments in every establishment.”
• Furthermore, through Disabled Rights group v Union Of India, the Court directed all
educational institutions run or aided by the Government to comply with their obligation to
reserve 5% seats for the disabled and directed them to report their compliance with the same
to authorities set up under the Act.

Rights of Tribals

Addressing the rights of tribals involves applying the provisions of the Indian Constitution, such as
special provisions for educational and economic advancement (Article 15(4), 46), political
representation (Articles 330, 332), and a dedicated National Commission for Scheduled Tribes
(Article 338-A). Key legislation like the Forest Rights Act (FRA), 2006, protects individual and
community land rights in forests, ensuring they can hold, use, and manage resources they have
traditionally depended on. Upholding the principles of the UN Declaration on the Rights of
Indigenous Peoples (UNDRIP) and building public awareness are also crucial steps to effectively
address tribal rights.

Constitutional Safeguards
• Special Provisions: Articles 15(4) and 46 mandate special measures for the
educational and economic advancement of Scheduled Tribes and their protection from
exploitation.
• Political Representation: Articles 330 and 332 reserve seats for Scheduled Tribes
in the Lok Sabha (Parliament) and State Legislative Assemblies.
• National Commission for Scheduled Tribes: Article 338-A provides for a
commission to monitor safeguards and investigate specific complaints regarding the
deprivation of tribal rights.
• Scheduled Areas: The Fifth Schedule of the Constitution (Article 244(1)) contains
special administrative provisions for tribal areas.

Key Legislation
• Forest Rights Act (FRA), 2006: This landmark legislation recognizes the rights of
forest-dwelling Scheduled Tribes and other traditional forest dwellers over their forest land
and resources, including rights to community forest resources, habitat, and self-cultivation.

International Instruments
• UN Declaration on the Rights of Indigenous Peoples (UNDRIP): India voted for
UNDRIP, which upholds indigenous peoples' rights to self-determination, cultural
preservation, and free, prior, and informed consent concerning displacement from their
lands.

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Steps to Address Rights
• Implementation of Laws: Ensure effective and fair implementation of the Forest
Rights Act and other constitutional provisions to protect land and resource rights.
• Community Participation: Include tribal communities in discussions and decision-
making processes, particularly regarding land and resource use.
• Public Awareness: Educate the broader public about tribal rights and the
importance of protecting their culture, land, and livelihoods.
• Bridging Policy and Practice: Address the gap between legal provisions and their
actual implementation on the ground to ensure rights are effectively realized.

Comparing diverse issues of tribals, refugees and prisoners

Tribals, refugees, and prisoners often face marginalization, exploitation, and displacement, but their
circumstances differ: tribals experience cultural and land-related issues often rooted in historic
colonialism and modern development projects; refugees face forced migration and lack of legal
status due to conflict or persecution, leading to precarious living conditions; while prisoners are
deprived of liberty and often suffer from poor jail conditions, overcrowding, and lengthy pre-trial
detentions, disproportionately affecting marginalized groups.

Tribals
• Issues: Face poverty, illiteracy, exploitation, and social isolation.
• Displacement: Often displaced from ancestral lands by development projects,
mining, and other activities.
• Cultural Impact: Loss of traditional customs, languages, and cultural heritage due
to modernization and outside interference.
• Exploitation: Victims of exploitation by government officials, landlords, and
businessmen, and are often indebted to moneylenders.
• Health & Education: Limited access to adequate healthcare and education, leading
to ill- health and lower literacy rates.
Refugees
• Forced Displacement: Compelled to flee their homes due to conflict, political
persecution, or natural disasters.
• Lack of Status: Often face challenges related to citizenship, asylum, and legal
protection, as well as the risk of forced return.
• Precarious Living: Suffer from lack of resources, unemployment, and social
exclusion in host countries.
• Loss of Identity & Culture: Experience social disorganization, loss of identity, and
disruptions to their cultural and political institutions.
• Humanitarian Challenges: Solutions are often limited by geopolitical interests and
a focus on temporary aid rather than addressing structural issues.
Prisoners

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 • Deprivation of Liberty: The fundamental issue is the loss of freedom and
confinement within correctional facilities.
• Overcrowding & Poor Conditions: Prisons often suffer from overcrowding, which
exacerbates other problems and leads to a poor quality of life for inmates.
• Undertrial Prisoners: A large percentage of prisoners are undertrials, meaning they
are awaiting trial, leading to lengthy pre-trial detentions and delayed justice.
• Systemic Issues: Delays in trials and investigations are often due to systemic
problems, such as a lack of professionally trained staff in the police force.
• Marginalization in Detention: Prisons disproportionately house members of
marginalized castes and communities, including Scheduled Castes (SC), Scheduled
Tribes (ST), and Other Backward Classes (OBC).

Despite providing rights that have the sole purpose to safeguard the interests of women, children,
the elderly, and people with disabilities, the reality begs to differ from the legal context. They have
been overlooked, for long they have been looked down upon, for long they have struggled to get
recognized and survive with basic human dignity. But no more. There needs to be an end to this
system of people matching certain criteria to be approved and finally getting them conferred with a
right to sound life. While there may be many rights introduced and brought about, the oppressive
cycle continues to go on after so many years of fighting their way just to be heard. There needs to
be a proliferation of legal awareness among these groups, the rights that they are entitled to.
The government needs to create a robust legal system, they need to fund NGOs and empower them
to take up drives and touch even the remote places of the country. Though this decentralized way of
delegating responsibilities is a sound mechanism to expand the reach, the government cannot
simply do away with the responsibility that they owe to the people. We boast about unity in
diversity but are we truly pluralistic when these many marginalized communities face such
exuberant situations? It’s time that the government and the institution of eminence- the supreme
court, take an active role to vanguard these communities.

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Challenges faced by legal academicians, activists and NGOs in effective
implementation of Human Rights and laws:

Legal academicians, activists, and NGOs face challenges like repression and violence,
limited resources and funding, political opposition and lack of cooperation from state institutions,
the difficulty of working within authoritarian regimes, a lack of legal personality or access to formal
justice systems, and the broader societal issues of poverty, discrimination, and a need for greater
public awareness and education on human rights.

1. Repression & Security:

• Physical Violence and Harassment: Human rights defenders often face threats,
torture, beatings, arbitrary arrests, and detention as a direct response to their work.
• Defamation and False Accusations: Defenders can be subjected to unfair trials and
convictions, and face efforts to discredit their work.
• Repression of Rights: Activists often have their freedoms of movement, expression,
association, and assembly restricted.
• Fear and Trauma: The inherently risky nature of their work can lead to trauma and
fear for their personal safety and the safety of their clients.

2. Resource & Capacity Limitations:

• Lack of Funding: Many NGOs operate with limited financial resources, which
hinders their ability to hire skilled staff, conduct research, and access necessary technology.
• Insufficient Capacity: A general lack of capacity and resources affects NGOs,
particularly those working in low-income or underserved areas.
• Limited Legal Personality: Some organizations may lack legal status, limiting their
ability to initiate legal action to challenge rights violations.

3. Political & Institutional Barriers:

• Lack of State Cooperation: Even in democratic states, there can be insufficient
cooperation from law enforcement agencies and state institutions.
• Authoritarian Regimes: Working in countries with authoritarian governments
poses significant challenges to human rights advocacy and law enforcement.
• Political Opposition: Activists and NGOs often encounter political opposition to
their work and policies, making implementation more difficult.
• Poor Governance: Issues like a lack of strategic planning, poor communication, and
political interference can hamper effective implementation.

4. Societal & Systemic Issues:

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 • Discrimination and Inequality: Deep-rooted issues like gender discrimination,
social and economic inequalities, and discrimination against specific groups create
significant barriers to human rights implementation.
• Lack of Access to Justice: Effective human rights implementation depends on
access to accessible, affordable, and fair justice systems, which are often lacking.
• Public Awareness: A significant challenge is the need to promote greater public
knowledge and respect for human rights among the population.

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Various perspectives and role of Media, Laws safeguarding Human Rights and
its implementation

The media informs the public about human rights, acts as a watchdog against violations, and
provides a platform for marginalized voices, though it can also sensationalize issues. Laws like
India's Protection of Human Rights Act, 1993 establish frameworks for safeguarding rights through
bodies like the National Human Rights Commission (NHRC). Implementation involves public
awareness campaigns, advocacy, and legal action, but faces challenges from lack of resources,
opposition from authorities, and the potential for media to misrepresent information.

Role of Media in Human Rights

• Education and Awareness: The media educates the public on their rights and raises
awareness about human rights violations.
• Watchdog Function: It exposes human rights abuses, holding perpetrators
accountable by providing a platform for public scrutiny and demanding action from
governments and agencies.
• Empowerment: By informing people of their rights, the media empowers citizens to
recognize violations and take action to protect themselves and others.
• Advocacy and Voice for the Voiceless: The media gives a voice to the
marginalized and advocates for their rights, ensuring their stories and issues are heard in
public discourse.
• Catalyst for Change: It can serve as a catalyst for human rights movements by
drawing attention to systemic inequalities and injustices.
• Challenges: However, the media can also negatively impact human rights through
sensationalism, misinformation, and can itself be a source of intimidation and violence
against journalists.

Laws Safeguarding Human Rights

• The Protection of Human Rights Act, 1993 (India): This foundational law
established the National Human Rights Commission (NHRC) and State Human Rights
Commissions to provide better protection of human rights.
• Universal Declaration of Human Rights (1948): This landmark document serves
as the basis for international human rights law, outlining fundamental rights and freedoms.
• Constitutional Guarantees: India's constitution includes provisions for fundamental
rights (Part III) and directive principles (Part IV) that encompass civil, political, economic,
social, and cultural rights.
• Specific Legislation: Other laws, like the SC and ST Prevention of Atrocities Act,
1989 and the Child Labor Prohibition and Regulation Act, 1986, protect vulnerable groups
from specific forms of violation.

Implementation of Human Rights

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 • Institutional Mechanisms: The NHRC and State Human Rights Commissions
investigate complaints, conduct inquiries into violations, and recommend actions.
• Legal Action: Victims of human rights violations can seek redress through courts,
with Human Rights Courts established to deal with such cases.
• Public Awareness & Advocacy: Media, NGOs, and civil society organizations play
a vital role in raising public awareness, which in turn pressures governments and institutions
to implement rights.
• Challenges: Implementation is hindered by a lack of awareness, insufficient
resources, political will, and resistance from those in power, as well as external pressures on
the media itself.

Unit 5: Constitution SRG Page 21 of 22

 Previous Years’ Questions
1. Discuss the role of the media in shaping public opinion on human rights issues.
2. Describe the function of the National Human Rights Commissions (NHRCI) in India.
3. Identify and describe the roles of key organisations working alongside the NHRC for human
rights in India.
4. Discuss the effectiveness of these organisations in advocating for human rights.
5. Analyse the collaboration between NHRC and these organisations in promoting human rights.
6. Identify key human rights challenges faced by prisoners in India.
7. Discuss the rights & challenges faced by refugees in India.
8. Evaluate how the legal framework can be enhanced to better protect both groups.

Unit 5: Constitution SRG Page 22 of 22