UNIT I

Introduction

[Link] and Definitions of Human Rights

 Meaning:

--Human rights are the most fundamental and basic rights that every person has right from the
second he/she took birth and it continues till he/she dies. Human rights cannot be taken away
from a person regardless of religion, caste or faith a person chooses to believe in. However,
human rights can be restricted to an extent. Human rights are the pathway to getting justice. They
are the protective laws. There are thirty Human rights that are described in The Universal
Declaration of Human Rights (UDHR).

--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.

--Human rights law obliges governments and other duty-bearers to do certain things and prevents
them from doing others

 Definition:

[Link] Das Basu - Human rights are those minimal rights which every individual must
have against the state, or other public authority, by virtue of his being a member of human
family, irrespective of any consideration.

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1.2. Characteristics and Importance of Human Rights

Here are the top 10 characteristics of human rights which are also the basic characteristics of
human rights.
1) These rights are essential and fundamental– In the absence of human rights, the society
would be in a deplorable state. There would be chaos all around. Human rights are a necessity
for the upliftment of people.

2) Human rights are universal– The rights do not discriminate against the people. These rights
are available to all the people equally without taking note the varied differences among the
people.

3) Not absolute– Human rights are never absolute. Each right has its limitations which is
imperative to public health, order and morality. These rights are not unbridled.

4) Inalienable– Human rights are inalienable in nature. Nobody can deprive a person of these
rights. Moreover, human rights are inalienable because:

a. They cannot be rightfully taken away

b. They cannot be given away or be forfeited

5) Interdependent– Human rights are interdependent on other rights.

6) Dynamic– These rights are not static. They can be modified according to the prevailing
situations and conditions.

7) Irrevocable– The human rights are irrevocable; they cannot be taken away by anybody. No
power or authority can take away these basic rights from a person.

8) Connected with dignity– These human rights are deeply connected with the dignity of the
individuals living in a society.

9) These are similar to moral rights. Conscience is regarded important.

10) Human rights are inherent– The rights cannot be brought or borrowed from somewhere or
someone. There rights are naturally existing.

Importance of Human rights:

Human rights matter for several crucial reasons:

Basic Needs and Dignity

Human rights are crucial because they make sure that every person can have basic things like
food, clean water, a place to live, clothes, and medicine. These rights protect a person’s dignity,
ensuring they are treated with respect.

Protection for Vulnerable Groups

Human rights also help safeguard vulnerable groups in society. They were created after the
terrible events of World War II, like the Holocaust, where not only Jewish people but also those
with disabilities and the LGBT community were targeted. Human rights organizations focus on
protecting those who are most likely to be mistreated or discriminated against.

Standing Up Against Corruption

These rights give people the power to speak out when they see abuse or corruption happening.
This is important because no society is perfect, and human rights tell people that they deserve to
be treated with dignity by society, whether it’s the government or their workplace. When this
dignity is denied, people can use their human rights to stand up for themselves.

Freedom of Speech

Another essential aspect is the freedom to express our thoughts without being afraid of getting in
trouble. It’s not just about speaking out but also about allowing people to have different ideas
and opinions without fearing punishment. This freedom protects individuals who want to discuss
or argue about various ideas within society.

Religious and Spiritual Freedom

Human rights recognize how important a person’s religion or spiritual beliefs are. They ensure
that people can practice their religion peacefully. At the same time, they also give the freedom to
choose not to follow any religion if that’s what someone believes.

Freedom to Love
The right to choose who to love is extremely important. It means that people can decide their
romantic relationships without being forced into something they don’t want. In countries where
these rights are not protected, people, especially from the LGBT community, may face
oppression and abuse.

Equal Work Opportunities

Human rights make sure that everyone has a fair chance to work and make a living. They prevent
unfair treatment or discrimination in the workplace, promoting equality among all workers.

Access to Education

Education is a crucial part of life, and human rights ensure that everyone, not just a select few,
has access to schooling, books, and other learning materials. This helps break the cycle of
poverty and creates a fairer society.

Environmental Protection

Human rights are also connected to protecting the environment. Clean air, water, and soil are
considered essential rights because they directly affect people’s well-being. If these rights are not
respected, it can harm human lives

Types of Human Rights

Human rights are of different types and can be categorized into the following categories. These
categories of human rights are not mutually exclusive, and many rights overlap. Human rights
are interdependent and indivisible, meaning that the enjoyment of one right often depends on the
fulfilment of other rights. Additionally, the concept of human rights is dynamic, and new rights
may emerge as society’s understanding of human dignity and justice evolves over time.

Legal Rights: Legal rights are those rights that are recognized and protected by law. They are
enforceable through the legal system. For example, the right to a fair trial and the right to
property are legal rights.

Moral Rights: Moral rights are based on principles of fairness and justice and may not always
be legally enforceable. These rights are rooted in ethical and moral beliefs about what is right
and wrong. For example, the right to be treated with dignity and respect is a moral right.
Civil Rights: Civil rights are the fundamental rights and freedoms that protect individuals from
government interference in their personal and political affairs. They include the right to life,
freedom of speech, freedom of religion, and the right to a fair trial.

Political Rights: Political rights pertain to the ability of individuals to participate in the political
processes of their country. These rights include the right to vote, the right to run for public office,
and the right to freedom of political association.

Social Rights: Social rights are related to the well-being and social security of individuals. They
encompass rights such as the right to education, the right to work, and the right to health care.
Social rights aim to ensure that individuals have access to essential social services.

Economic Rights: Economic rights are rights that relate to economic well-being and financial
security. They include the right to work, the right to fair wages, and the right to own property.
Economic rights aim to protect individuals from economic exploitation.

Cultural Rights: Cultural rights are rights that protect an individual’s cultural identity and
heritage. They include the right to participate in cultural, religious, or linguistic communities and
the right to preserve one’s cultural heritage.

Group Rights: Group rights, also known as collective rights, pertain to the rights of specific
groups of people, such as indigenous peoples, minorities, or communities. These rights may
include the right to self-determination, the right to cultural autonomy, and the right to participate
in decision-making that affects the group.

Solidarity Rights: Solidarity rights focus on the collective well-being of society as a whole.
These rights include the right to development, the right to peace, the right to a clean
environment, and the right to one’s own natural resources. Solidarity rights emphasize the
interconnectedness of all members of society.

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1.3. Evolution of Human Rights

Civil and political rights (first generation rights)

These rights began to emerge as a theory during the seventeenth and eighteenth centuries and
were based mostly on political concerns. It had begun to be recognised that there were certain
things that the all-powerful rulers should not be able to do and that people should have some
influence over the policies that affected them. The two central ideas were those of personal
liberty, and of protecting the individual against violations by the state.
Civil and political rights today are set out in detail in the International Covenant on Civil and
Political Rights (ICCPR) and in the European Convention for the Protection of Human Rights
and Fundamental Freedoms (ECHR), and they include rights such as the right to participate in
government and the prohibition of torture. These rights have traditionally been regarded by many
– at least in "the West" – as the most important human rights. We shall see in the next section
that this is a false view.

During the Cold War, the countries of the Soviet block were severely criticised for their
disregard of civil and political rights. These countries responded by criticising the western
democracies, in turn, for ignoring key social and economic rights, which we shall look at next.
There was at least an element of truth in both criticisms. It also illustrates how human rights are
prone to political abuse

"States and the international community as a whole continue to tolerate all too often breaches of
economic, social and cultural rights which, if they occurred in relation to civil and political
rights, would provoke expressions of horror and outrage and would lead to concerted calls for
immediate remedial action."
Statement to the Vienna Conference by the UN Committee on Economic, Social and Cultural
Rights, 1993

Social, economic and cultural rights

(second generation rights)

These rights concern how people live and work together and the basic necessities of life. They
are based on the ideas of equality and guaranteed access to essential social and economic goods,
services, and opportunities. They became increasingly a subject of international recognition with
the effects of early industrialisation and the rise of a working class. These led to new demands
and new ideas about the meaning of a life of dignity. People realised that human dignity required
more than the minimal lack of interference from the state as proposed by the civil and political
rights. Social, economic and cultural rights are outlined in the International Covenant on
Economic, Social and Cultural Rights (ICESCR) and also in the European Social Charter of the
Council of Europe.

Social, economic and cultural rights are based on the ideas of equality and guaranteed access to
essential social and economic goods, services, and opportunities.

 Social rights are those that are necessary for full participation in the life of society. . They
include at least the right to education and the right to found and maintain a family but
also many of the rights often regarded as 'civil' rights: for example, the rights to
recreation, health care, privacy and freedom from discrimination.
 Economic rights are normally thought to include the right to work, to an adequate
standard of living, to housing and the right to a pension if you are old or disabled. The
economic rights reflect the fact that a certain minimal level of material security is
necessary for human dignity, and also the fact that, for example, a lack of meaningful
employment or housing can be psychologically demeaning...
 Cultural Rights refer to a community's cultural "way of life" and are often given less
attention than many of the other types of rights. They include the right to participate
freely in the cultural life of the community and, possibly, also the right to education.
However, many other rights, not officially classed as "cultural" will be essential for
minority communities within a society to preserve their distinctive culture: for example,
the right to non-discrimination and equal protection of the law.

Solidarity rights (third generation rights)

The list of internationally recognised human rights has not remained constant. Although none of
the rights listed in the UDHR has been brought into serious question in over 60 years of its
existence, new treaties and documents have clarified and further developed some of the basic
concepts that were laid down in that original document.

right to development, right to peace, right to a healthy environment, to humanitarian assistance…

These additions have been a result of a number of factors: they have partly come about as a
response to changing ideas about human dignity, and partly as a result of new threats and
opportunities emerging. In the case of the specific new category of rights that have been
proposed as third generation rights, these have been the consequence of a deeper understanding
of the different types of obstacles that may stand in the way of realising the first and second
generation rights.
The idea at the basis of the third generation of rights is that of solidarity; and the rights embrace
collective rights of society or peoples, such as the right to sustainable development, to peace or
to a healthy environment. In much of the world, conditions such as extreme poverty, war,
ecological and natural disasters have meant that there has been only very limited progress in
respect of human rights. For that reason, many people have felt that the recognition of a new
category of human rights is necessary: these rights would ensure the appropriate conditions for
societies, particularly in the developing world, to be able to provide the first and second
generation rights that have already been recognized.
The specific rights that are most commonly included within the category of third generation
rights are the rights to development, to peace, to a healthy environment, to share in the
exploitation of the common heritage of mankind, to communication and humanitarian
assistance.

There has, however, been some debate concerning this category of rights. Some experts object to
the idea of these rights because they are ‘collective rights', in the sense of being held by
communities or even whole states. They argue that human rights can only be held by individuals.
The argument is more than merely verbal, because some people fear such a change in
terminology could provide a "justification" for certain repressive regimes to deny (individual)
human rights in the name of these collective human rights; for example, severely curtailing civil
rights in order to secure "economic development".
There is another concern which is sometimes expressed: since it is not the state but the
international community that is meant to safeguard third generation rights, accountability is
impossible to guarantee. Who, or what, is supposed to be responsible for making sure that there
is peace in the Caucasus or the Middle East, or that the Amazonian rainforest is not destroyed
and that appropriate measures are taken against climate change?

Nevertheless, whatever we decide to call them, there is general agreement that these areas
require further exploration and further attention from the international community. Some
collective rights have already been recognized, in particular under the African Charter on Human
and Peoples' Rights and the Declaration on the Rights of Indigenous Peoples. The UDHR itself
includes the right to self-determination and a human right to development was codified in a 1986
UN General Assembly Declaration.

The right to development is an inalienable human right by virtue of which every human person
and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural
and political development, in which all human rights and fundamental freedoms can be fully
realized. (UN Declaration on the Right to Development).

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1.4. Formation, Structure and Functions of the UNO - Universal Declaration of Human
Rights

What is the formation and function of Uno?

The charter took effect on 24 October 1945, when the UN began operations. The UN's
objectives, as defined by its charter, include maintaining international peace and security,
protecting human rights, delivering humanitarian aid, promoting sustainable development, and
upholding international law.

What is the structure of Uno?

The UN Charter establishes the UN's six principal organs: the General Assembly (GA), the
Security Council (SC), the Economic and Social Council (ECOSOC), the Trusteeship Council,
the International Court of Justice (ICJ), and the UN Secretariat.

What are the main objectives of the UNO?

The main objectives of the United Nations are the maintenance of international peace and
security, the promotion of the well-being of the peoples of the world, and international
cooperation to these ends.

What are the main functions of Uno?

Maintain International Peace and Security. Protect Human Rights. Deliver Humanitarian Aid.
Formation of United Nations Organisation

o The United Nations is an International Governmental body that was established in 1945
to promote political and economic cooperation among its member countries.
o Following World War II, the League of Nations evolved into the United Nations, of
which practically every country in the world is now a member.
o It is made up of five major components, including the United Nations Economic and
Social Council, which supervises the activity of 15 specialized organizations.
o The United States is an international organization created in 1945 by 51 countries
dedicated to maintaining international peace and security, creating cordial relations
among nations, and promoting social development, higher living standards, and human
rights.
o The United Nations’ membership has expanded from 51 members in 1945 to 193
members now.
o The General Assembly is composed of all UN Member States. On the proposal of the
Security Council, states are admitted to membership by a decision of the General
Assembly.

United Nations Organisation - Structure

The United Nations has a number of specialized agencies. The agencies of United Nations
operate as autonomous entities inside the United Nations. The General Assembly, Security
Council, Economic and Social Council, International Court of Justice, and Secretariat are the
primary components of the United Nations.
United Nations General Assembly

o The General Assembly is the only UN body with universal representation, having
representatives from all 193 UN Member States.
o Every year, the whole UN membership gathers in New York for the annual General
Assembly session and general discussion, to which many heads of state attend and speak.
o This is the United Nations’ principal deliberative body, and all members have equal
representation.
o Its headquarters are in New York City, and its duties include establishing the United
Nations budget, selecting rotating members of the Security Council, and approving non-
binding resolutions that convey the views of the world community.

6 Main Committees

o The General Assembly is the only United Nations body with universal representation,
with delegates from each of the 193 UN Member States.
o The annual General Assembly session and general discussion, which several heads of
state attend and take part in, are held in New York each year and are attended by the
entire UN membership.
o The UN General Assembly’s main committees are as follows:
 o First Committee -Disarmament & International Security)
o Second Committee -Economic & Financial)
o Third Committee -Social, Humanitarian & Cultural)
o Fourth Committee -Special Political & Decolonization)
o Fifth Committee -Administrative & Budgetary)
o Sixth Committee -Legal)

Other Committees

o The Credentials Committee is charged with investigating the credentials of

representatives from member countries and reporting to the General Assembly.
o The General Committee meets to examine the progress of the General Assembly and its
committees and to offer suggestions for enhancing such progress.

United Nations Security Council

o The United Nations Security Council is in charge of ensuring international peace and
security.
o It is made up of 15 people, among which 5 members are permanent while 10 are non-
permanent members.
o A danger to peace or an act of aggression must be determined by the Security Council.
o It encourages the parties to a disagreement to settle it peacefully and suggests techniques
of adjustment or conditions of the settlement.
o The Security Council also makes recommendations to the General Assembly on the
Secretary-nomination Generals and the admission of new members to the United Nations.

Economic and Social Council (ECOSOC)

The Economic and Social Council (ECOSOC) coordinates economic, social, and environmental
policies for the United Nations.

o ECOSOC oversees agencies that work in the economic, social, and environmental areas.
It helps the UN system achieve development goals.
 o ECOSOC has 54 members that are chosen by the General Assembly for 3-year terms.
o ECOSOC is an important platform for discussing sustainable development at the United
Nations.
o The ECOSOC Functional Commissions include the following:
o Statistical Commission
o Commission on Population and Development
o Commission for Social Development
o Commission on the Status of Women
o Commission on Narcotic Drugs
o Commission on Crime Prevention and Criminal Justice
o Commission on Science and Technology for Development
o United Nations Forum on Forests
o These commissions help ECOSOC perform its functions related to collecting data,
monitoring development issues, and making policy recommendations.

Trusteeship Council

o The UN Charter, established by the Trusteeship Council in 1945, seeks to ensure that all
necessary efforts have been taken to prepare the Territories for self-government and
independence.
o The Trusteeship Council terminated operations on November 1, 1994.
o The Council revised its process rules to remove the requirement to convene yearly and
agreed to meet as needed.

International Court of Justice

o The International Court of Justice is the United Nations’ primary judicial organ.
o Its headquarters are in The Hague’s Peace Palace (Netherlands).
o It is the only one of the United Nations’ six main institutions that is not based in New
York (United States of America).
o The Court’s responsibility is to handle legal issues brought before it by states in
accordance with international law.
 o It also seeks to give advice on legal issues referred to it by approved United Nations
entities and specialized bodies.

UN Secretariat

o The Secretariat is made up of the Secretary-General and tens of thousands of

international UN staff members who carry out the day-to-day operations of the UN as
required by the General Assembly and other Organizations.
o The senior administrative officer of the Organization, the Secretary-General is chosen by
the General Assembly for a five-year term that is renewable.

Functions of UNO

The United Nations’ work has an influence on people all over the world on matters ranging from
disarmament to efforts to combat terrorism and extremism, from conflict prevention to
peacekeeping and peacebuilding, and so on. The following infographic shows the functions of
the United Nations:

Universal Declaration of Human Rights (UDHR)

 The Universal Declaration of Human Rights is an international document adopted by the
United Nations General Assembly that enshrines the rights and freedoms of all human beings

What is the Universal Declaration of Human Rights?

The Universal Declaration of Human Rights (UDHR) is a document that acts like a
global road map for freedom and equality – protecting the rights of every individual, everywhere.

The Universal Declaration of Human Rights (UDHR) is a landmark international

document that was adopted by the United Nations General Assembly on December 10, 1948. It
serves as a foundational text outlining the fundamental rights and freedoms to which all human
beings is entitled, regardless of nationality, ethnicity, religion, or any other status.

The UDHR consists of 30 articles that cover a wide range of human rights, including civil,
political, economic, social, and cultural rights. Some of the key principles enshrined in the
declaration include the right to life, liberty, and security; the prohibition of torture and slavery;
the right to work, education, and health; and the right to participate in government.

The UDHR is not a legally binding treaty, but it has played a crucial role in shaping subsequent
international human rights instruments and has been widely regarded as a common standard of
humanity. It has inspired the development of various treaties, conventions, and national laws
aimed at protecting and promoting human rights globally. The anniversary of its adoption,
December 10, is celebrated annually as Human Rights Day.

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1.5. International Covenants

What is the International Covenant of Human Rights?

The ICCPR is a key international human rights treaty, providing a range of protections for civil
and political rights. The ICCPR, together with the Universal Declaration of Human Rights and
the International Covenant on Economic Social and Cultural Rights, are considered the
International Bill of Human Rights.
 What is the list of human rights Covenants?

 International Covenant on Economic, Social and Cultural Rights.

 International Covenant on Civil and Political Rights.
 International Convention on the Elimination of all Forms of Racial Discrimination.

 Convention on the Elimination of All Forms of Discrimination against Women.

Human rights protect human beings and their dignity in war and in peacetime. These rights are
protected under international law and it is the duty of states to ensure they are respected,
protected and fulfilled. To this end, the United Nations has developed a body of binding
conventions, all stemming from the 1948 Universal Declaration of Human Rights.

There are basically three distinct types of human rights:

 civil and political rights, e.g. the right to life, peaceful assembly and religious freedom
 economic, social and cultural rights, e.g. the right to work, to education, and to social
security
 rights of the third generation, e.g. the right to development and to a clean and healthy
environment

1.6. Violations of Human Rights in the Contemporary Era

What are the violations of human rights?

Civil and political rights are violated through genocide, torture, and arbitrary arrest. These
violations often happen during times of war, and when a human rights violation intersects with
the breaking of laws about armed conflict, it's known as a war crime.
What Are Human Rights Violations?

The Universal Declaration of Human Rights (UDHR) was established in response to the
atrocities during WWII, including the Holocaust. The document outlines the human rights that
all people are entitled to such as freedom from torture, freedom of expression, and the right to
seek asylum. When those rights aren’t protected or blatantly disregarded, they are violated. What
are the types of human rights violations? Who is responsible for preventing and addressing
them?

Definition and types of human rights violations

A state commits human rights violations either directly or indirectly. Violations can either be
intentionally performed by the state and or come as a result of the state failing to prevent the
violation. When a state engages in human rights violations, various actors can be involved such
as police, judges, prosecutors, government officials, and more. The violation can be physically
violent in nature, such as police brutality, while rights such as the right to a fair trial can also be
violated, where no physical violence is involved.

The second type of violation – failure by the state to protect – occurs when there’s a conflict
between individuals or groups within a society. If the state does nothing to intervene and protect
vulnerable people and groups, it’s participating in the violations. In the United States, the state
failed to protect black Americans when lynchings frequently occurred around the country. Since
many of those responsible for the lynchings were also state actors (like the police), this is an
example of both types of violations occurring at the same time.

Examples of human rights violations

We’ve mentioned a few examples of human rights violations, but there are many more. Civil,
political, economic, cultural, and social rights can all be violated through various means. Though
all the rights enshrined in the Universal Declaration of Human Rights and in the legally binding
International Covenants of Human Rights (ICCPR, CESCR) are considered essential, there are
certain types of violations we tend to consider more serious. Civil rights, which include the right
to life, safety, and equality before the law are considered by many to be “first-generation” rights.
Political rights, which include the right to a fair trial and the right to vote, also fall under this
category.
Civil and political rights

Civil and political rights are violated through genocide, torture, and arbitrary arrest. These
violations often happen during times of war, and when a human rights violation intersects with
the breaking of laws about armed conflict, it’s known as a war crime.

Conflict can also trigger violations of the right to freedom of expression and the right of peaceful
assembly. States are usually responsible for the violations as they attempt to maintain control and
push down rebellious societal forces. Suppressing political rights is a common tactic for many
governments during times of civil unrest.

Violations of civil and political human rights aren’t always linked to specific conflicts and can
occur at any given time. Human trafficking is currently one of the largest issues on a global scale
as millions of men, women, and children are forced into labor and sexual exploitation. Religious
discrimination is also very common in many places around the world. These violations often
occur because the state is failing to protect vulnerable groups.

Economic, social, and cultural rights

As described in the UDHR, economic, social, and cultural rights include the right to work, the
right to education, and the right to physical and mental health. As is the case with all human
rights, economic, social, and cultural rights can be violated by states and other actors. The United
Nations Office of the High Commissioner for Human Rights gives a handful of examples of how
these rights can be violated. They include:
 Contaminating water, for example, with waste from State-owned facilities (the right to
health)
 Evicting people by force from their homes (the right to adequate housing)
 Denying services and information about health (the right to health)
 Discriminating at work based on traits like race, gender, and sexual orientation (The right to
work)
 Failing to provide maternity leave (protection of and assistance to the family)
 Not paying a sufficient minimum wage (rights at work)
 Segregating students based on disabilities (the right to education)
 Forbidding the use of minority/indigenous languages (the right to participate in cultural life
Who is ultimately responsible for ensuring human rights violations don’t happen?

In human rights treaties, states bear the primary burden of responsibility for protecting and
encouraging human rights. When a government ratifies a treaty, they have a three-fold
obligation. They must respect, protect, and fulfill human rights. When violations occur, it’s
the government’s job to intervene and prosecute those responsible. The government must hold
everyone (and itself) accountable.
This doesn’t mean that members of civil society don’t also have a responsibility to prevent
human rights violations. Businesses and institutions must comply with discrimination laws and
promote equality, while every individual should respect the rights of others. When governments
are violating human rights either directly or indirectly, civil society should hold them
accountable and speak out. The international community also has an obligation to monitor
governments and their track records with human rights. Violations occur all the time, but they
should always be called out.

UNIT II

Human Rights in India

2.1. Development of Human Rights in India

The evolution of human rights in India can be traced back to ancient times, but it was not
until the British colonial era that the concept of human rights began to take on its modern form.
The British introduced a number of laws and regulations that were designed to protect the rights
of their subjects, including the Indian Penal Code (1860) and the Criminal Procedure Code
(1898). However, these laws were often discriminatory and did not apply to all Indians equally.

During the Indian independence movement, human rights became a central issue. The
leaders of the movement, such as Mahatma Gandhi and Jawaharlal Nehru, argued that human
rights were essential for a free and democratic India.

After independence in 1947, the Indian government adopted the Constitution of India,
which enshrined a number of fundamental rights for all citizens. These rights included the right
to life, liberty, and equality; the right to freedom of speech and expression; and the right to
freedom of religion.

Since independence, India has made significant progress in promoting and protecting
human rights. However, there are still many challenges that need to be addressed. Human rights
abuses continue to be committed in many parts of the country, and many people are still denied
their basic human rights.

Here are some of the key milestones in the evolution of human rights in India:

1860: The Indian Penal Code is enacted, which codifies the criminal laws of India.

1898: The Criminal Procedure Code is enacted, which lays down the procedures for the
investigation and trial of crimes.

1919: The Government of India Act was passed, which introduced some limited reforms to the
colonial system of government.

1935: The Government of India Act is passed, which grants a greater degree of autonomy to the
provinces and introduces a system of responsible government.

1947: India gains independence from the British Empire.

1950: The Constitution of India is adopted, which enshrines a number of fundamental rights for
all citizens.

1993: The Protection of Human Rights Act is enacted, which establishes a National Human
Rights Commission to investigate and inquire into allegations of human rights violations.
The evolution of human rights in India is an ongoing process. As society changes and develops,
new human rights challenges emerge. It is important to continue to fight for the promotion and
protection of human rights for all people

Development of Human Rights in Contemporary India

The Constitution of India, in Part III, encompasses a range of fundamental rights
accessible to Indian citizens. This approach aimed to make the Universal Declaration of Human
Rights (UDHR) legally enforceable within the country. Articles 14-30 in Part III outline potential
rights for citizens. Moreover, Part IV incorporates Directive Principles, offering the State
supplementary suggestions to ensure the well-being of its populace.

Initially, the judiciary had a rigid stance in handling cases. However, they later embraced
the concept of “Audi AlteramPartem” to approach cases more flexibly and introduce
subjectivity. This shift is evident in the interpretation of Article 21. The following judgments will
help you to understand the history and development of human rights in India in the contemporary
era.

In the case of A.K. Gopalan v State of Madras, Article 21 was narrowly interpreted,
almost equating the right to life with mere animal existence. Yet, the landmark case of Maneka
Gandhi v Union of India expanded the scope of Article 21, linking it to Articles 14 (Right to
Equality), 19 (fundamental freedoms) and 21 (Right to Life and Liberty). The concept of the
Right to Life now encompasses an individual’s culture, tradition and guards against potential
violations of fundamental rights.

In the case of Kharak Singh v State of UP, the inclusion of the Right to Privacy under
Article 21 was debated. The petitioner contested the recording of a detained individual’s name,
considering it a breach of privacy.

Similarly, in D.K. Basu v State of Bengal, a case dealing with custodial deaths, the
Supreme Court established guidelines for the treatment of detainees. This case revealed that
prisoners were often subjected to cruelty and abuse by the police, without any legal safeguards.
The court ruled such behaviour as a violation of human rights and deemed it necessary to
condemn such actions to protect detainees.
 In the case of Olga Tellis v Bombay Municipal Corporation, the Right to Life was
further linked to the Right to Livelihood. The argument was that livelihood significantly impacts
an individual’s quality of life and should not be considered separately from the Right to Life.
The court emphasized that if someone is denied the ability to earn their chosen livelihood, their
life’s purpose would be undermined, leading to a violation of their rights.

The rights outlined in the Indian Constitution also focus on the welfare of women and children,
as evidenced by the following cases:

 In Unni Krishnan v State of AP, compulsory primary education for children was
established, which is also reflected in Article 21A of the Constitution (Part III). This
article guarantees free and compulsory education for children until they reach the age of
fourteen.
 The People’s Union of Civil Liberties v Union of India case resulted in the immediate
release of all child laborers, along with compensation for their efforts.
 In Public at large v State of Maharashtra, measures were taken to protect children
from sexual exploitation.
Similarly, in Vishaka v State of Rajasthan, the Court established guidelines to prevent sexual
harassment of women at workplaces, considering Articles 14, 19 and 21 (often referred to as the
golden trio) of the Constitution. Additionally, Associate Bank Officers v State Bank of
India demanded equal pay for women compared to men, aiming to eliminate gender
discrimination within the organisation, while keeping Article 14 in mind.

In State of Maharashtra v Madhukar Narayan Mandlikar, Article 21 was interpreted

differently, extending protection to the life and liberty of sex workers. The court held that even
women who are labelled as having an “easy virtue” have a right to privacy, deviating from the
previous ruling in Tukaram v State of Maharashtra, where the court ruled against the victim due
to her perceived character.

In recent times, several cases have provided optimism about the judiciary’s commitment
to upholding human rights. The landmark case of Naz Foundation v Govt. of NCT of
Delhi stands out, declaring that criminalising consensual homosexual relationships violated
fundamental rights as per the Constitution. Relying heavily on Articles 19 and 21, it argued that
such laws infringed upon individuals’ privacy by suppressing their sexual orientation, forcing
them into secrecy and fear.

This also amounted to a breach of Article 21 by denying individuals the freedom to live
according to their preferences, hindering their ability to lead a fulfilling life. Additionally, the
stance was discriminatory and regressive, signifying a violation of human rights.
Consequently, Section 377 was struck down.

The Sabarimala case also recognised women’s Right to Religion (Article 25) and upheld
their right to visit the temple. While respecting religious beliefs, the court took a middle path in
its decision.

However, despite these advancements, India has witnessed setbacks in recent years. The
situation in Jammu and Kashmir has been a grave human rights violation, inadequately addressed
by the government. Revoking the region’s special status and subsequent mistreatment of its
residents, including arbitrary arrests, highlighted a major issue. Even though Right to Internet is
now a fundamental right and high-speed 4G Internet is expected, the region faced prolonged
Internet suspension and remains limited to 2G speed, indicating subpar living conditions.

The Protection of Human Rights Act (PHRA) advocates for the establishment of Human
Rights Commissions at both the Central and State levels. The Central Commission is granted the
authority to conduct trials and make enforceable decisions. While it has made notable decisions,
such as the investigation during the Godhra riots, its power has waned in recent years, with
limited action despite ongoing violations. NGOs, empowered by the PHRA, have been more
proactive in exposing violations and seeking justice for those affected.

During the lockdown, incidents of domestic violence have surged significantly, but there
has been a lack of action against the perpetrators, despite reports and statistics highlighting the
issue. Police arrests made under the pretext of ‘violating COVID rules’ during the lockdown
have resulted in arbitrary detentions and mistreatment of detainees. Disturbing cases have
emerged, such as one in West Bengal where a man was fatally beaten by the police for going out
to obtain essential items.
 Journalists’ lives have also been at risk, as arrests have been justified by citing ‘national
security’ and ‘public interest.’ However, no clear explanation has been provided for these arrests.
These actions not only infringe upon freedom of expression but also violate the Right to Privacy.
Moreover, numerous detentions are occurring under a stringent Sedition Law that has seen
minimal changes since the British era. Yet, there has been minimal accountability for these
human rights violations.

=====================================================================

2.2. Constituent Assembly and Indian Constitution

The Assembly approved the draft constitution on 26 November 1949. On 26 January

1950, the constitution took effect (commemorated as Republic Day), and the Constituent
Assembly became the Provisional Parliament of India (continuing until after the first elections
under the new constitution in 1952).

Constituent Assembly of India (UPSC Notes)

Background of the Constituent Assembly of India

The following table lists the trail of the development of the constituent assembly of India:

Constituent Assembly of India – Background

 In 1934, M N Roy first proposed the idea of a constituent assembly.

 The demand was taken up by the Congress Party in 1935 as an official demand

 The British accepted this in the August Offer of 1940

 Under the Cabinet Mission plan of 1946, elections were held for the formation of the
constituent assembly

 The members of this assembly were elected indirectly, i.e., by the members of the provincial
assemblies by the method of a single transferable vote of proportional representation

 The constituent assembly was formed for the purpose of writing a constitution for independent
 India

Composition of Constituent Assembly

 Initially, the number of members was 389. After partition, some of the members went to
Pakistan and the number came down to 299. Out of this, 229 were from the British
provinces and 70 were nominated from the princely states.

 Dr. Sachchidananda Sinha was the first temporary chairman of the Constituent Assembly.
Later, Dr. Rajendra Prasad was elected as the President and its Vice President was
HarendraCoomarMookerjee. BN Rau was the constitutional advisor.

Key Facts Related to the Constituent Assembly of India for IAS Exam

Constituent Assembly of India – Key Facts for UPSC Exam

When did the constituent The assembly first met on 9 December 1946
assembly first meet?

Was there any role of the No, there was no role played by the Muslim League in the constituent
Muslim League in the assembly as it had boycotted this meeting citing its demand for partition.
formation of the
Constitution of India

What is ‘Objective Objective Resolution enshrined the aspirations and values of the
Resolution’ concerned constitution-makers. Under this, the people of India were guaranteed
with the constituent social, economic and political justice, equality and fundamental freedoms.
assembly of India? This resolution was unanimously adopted on 22 January 1947 and the
Preamble to the Constitution is based on it.

When was Objective On 13 December 1946, Jawaharlal Nehru moved the ‘Objective
Resolution moved and by Resolution’.
whom?

When was the National The National Flag of the Union was adopted on 22 July 1947
Flag of the Union
adopted?

For how many days was The time taken by the assembly to frame the constitution: 2 years, 11
the constituent assembly months and 17 days. Money spent in framing the constitution: Rs.64 lakhs
assembled to frame the
constitution?

When was Jana Gana On 24 January 1950, ‘Jana Gana Mana’ was adopted as the national
Mana adopted as our anthem
national anthem?

How many articles does The final document had 22 parts, 395 articles and 8 schedules.
our final Constitution
have?

What was the total The assembly had met for 11 sessions
number of sessions the
constituent assembly
had?

When was the draft of the The draft was published in January 1948 and the country’s people were
Indian Constitution asked for their feedback and input within 8 months
published?

What is the date of the The last session was held from 14 – 26 November 1949.
last session? The constitution was passed and adopted by the assembly on 26
 November 1949

When did the The constitution came into force on 26 January 1950 (which is celebrated
Constitution of India as Republic Day)
come into force?

Committees of Constituent Assembly of India with their Chairmen

There were eight committees, mentioned below:

Committees of Constituent Assembly of India

Drafting Committee Dr. B R Ambedkar

Union Constitution Committee Jawaharlal Nehru

Union Powers Committee Jawaharlal Nehru

States Committee Jawaharlal Nehru

Steering Committee Dr. Rajendra Prasad

Rules of Procedure Committee Dr. Rajendra Prasad

Provincial Constitution Committee SardarVallabhbhai Patel

Advisory Committee on Fundamental  Fundamental Rights Sub-Committee: Acharya

Rights, Minorities and Tribal and Kripalani
Excluded Areas:  Minorities Sub-Committee: H C Mookerjee

 Excluded and Partially Excluded Areas (Other than

those in Assam) Sub-Committee: A V Thakkar
  North-East Frontier Tribal Areas and Assam
Excluded & Partially Excluded Areas Sub-
Committee: GopinathBardoloi

Criticism of the Constituent Assembly

 It was not a representative body since the members were not directly elected by adult
franchise. However, the leaders did enjoy popular support from the people. Direct
elections by the universal adult franchise at that time when the country was on the brink
of partition and amidst communal riots would have been impractical.

 It is said that the makers took a long time to frame the Constitution. However, keeping in
mind the complexity and the peculiarities of the diverse and large Indian nation, this can
be understood.

 The constituent assembly was not a sovereign body since it was created by the British.
However, it worked as a fully independent and sovereign body.

 The language of the constitution was criticised for being literary and complicated.

 The assembly was dominated by the Congress Party. But the party dominated the
provincial assemblies and this was natural. Moreover, it was a heterogeneous party with
members from almost all sections of Indian society.

 It was alleged that the assembly had Hindu dominance. This was again because of
proportional representation from communities.

Frequently Asked Questions on Constituent Assembly of India

Q 1. When was the Constituent Assembly formed in India?

Ans. The Constituent Assembly was formed in India in 1946 to frame the Constitution of India.
It was first proposed in 1934 by M.N. Roy and was devised on the basis of Cabinet Mission Plan

Q 2. What was the role of the Constituent Assembly in India?

Ans. The Constituent Assembly of India was elected to write the Constitution of India. The
Constitution was framed by the Constituent Assembly and established under the Cabinet Mission
Plan

CONSTITUTION OF INDIA

The Constitution of India is the supreme law of India. The document lays down the framework
that demarcates fundamental political code, structure, procedures, powers, and duties of
government institutions and sets out fundamental rights, directive principles, and the duties of
citizens, based on the proposal suggested by M. N. Roy. It is the longest written national
constitution in the world.

It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a

constituent assembly rather than Parliament) and was adopted by its people with a declaration in
its preamble. Parliament cannot override the constitution.

It was adopted by the Constituent Assembly of India on 26 November 1949 and became
effective on 26 January 1950.[8] The constitution replaced the Government of India Act 1935 as
the country's fundamental governing document, and the Dominion of India became the Republic
of India. To ensure constitutional autochthony, its framers repealed prior acts of the British
parliament in Article 395. India celebrates its constitution on 26 January as Republic Day

The constitution declares India a sovereign, socialist, secular, and democratic republic, assures
its citizens justice, equality, and liberty, and endeavours to promote fraternity. The original 1950
constitution is preserved in a nitrogen-filled case at the Parliament House in New Delhi.

Timeline of formation of the Constitution of India

6 December 1946: Formation of the Constitution Assembly (in accordance with French practice).
9 December 1946: The first meeting was held in the constitution hall (now the Central Hall of
Parliament House). The 1st person to address was J. B. Kripalani, Sachchidananda Sinha became
temporary president. (Demanding a separate state, the Muslim League boycotted the meeting.)

11 December 1946: The Assembly appointed Rajendra Prasad as its president, H. C. Mukherjee
as its vice-president and, B. N. Rau as constitutional legal adviser. (There were initially 389
members in total, which declined to 299 after partition. Out of the 389 members, 292 were from
government provinces, four from chief commissioner provinces and 93 from princely states.)

13 December 1946: An "Objective Resolution" was presented by Jawaharlal Nehru, laying down
the underlying principles of the constitution. This later became the Preamble of the Constitution.

22 January 1947: Objective resolution unanimously adopted.

22 July 1947: National flag adopted.

15 August 1947: Achieved independence. India split into the Dominion of India and the
Dominion of Pakistan.

29 August 1947: Drafting Committee appointed with B. R. Ambedkar as its chairman. The other
six members of committee were K.M. Munshi, Muhammed Sadulla, AlladiKrishnaswamyIyer,
N. GopalaswamiAyyangar, Devi Prasad Khaitan[28] and BL Mitter.

16 July 1948: Along with HarendraCoomarMookerjee, V. T. Krishnamachari was also elected as

second vice-president of Constituent Assembly.

26 November 1949: The Constitution of India was passed and adopted by the assembly.

24 January 1950: Last meeting of Constituent Assembly. The Constitution was signed and
accepted (with 395 Articles, 8 Schedules, and 22 Parts).

26 January 1950: The Constitution came into force. (The process took 2 years, 11 months and 18
days—at a total expenditure of ₹6.4 million to finish.)

G. V. Mavlankar was the first Speaker of the Lok Sabha (the lower house of Parliament) after
India turned into a republic.

The constitution's articles are grouped into the following parts:

Part I – The Union and its Territory – Articles 1 to 4

Part II – Citizenship – Articles 5 to 11

Part III – Fundamental Rights – Articles 12 to 35

Part IV – Directive Principles of State Policy – Articles 36 to 51

Part IVA – Fundamental Duties – Article 51A

Part V – The Union – Articles 52 to 151

Part VI – The States – Articles 152 to 237

Part VII – States in the B part of the first schedule (repealed) – Article 238

Part VIII – Union Territories – Articles 239 to 242

Part IX – Panchayats – Articles 243 to 243(O)

Part IXA – Municipalities – Articles 243(P) to 243(ZG)

Part IXB – Co-operative societies[63] – Articles 243(ZH) to 243(ZT)

Part X – Scheduled and tribal areas[64] – Articles 244 to 244A

Part XI – Relations between the Union and the States[65] – Articles 245 to 263

Part XII – Finance, property, contracts and suits – Articles 264 to 300A

Part XIII – Trade and commerce within India – Articles 301 to 307

Part XIV – Services under the union and states – Articles 308 to 323

Part XIVA – Tribunals – Articles 323A to 323B

Part XV – Elections – Articles 324 to 329A

Part XVI – Special provisions relating to certain classes – Articles 330 to 342

Part XVII – Languages – Articles 343 to 351

Part XVIII – Emergency provisions – Articles 352 to 360

Part XIX – Miscellaneous – Articles 361 to 367

Part XX – Amendment of the Constitution – Articles 368

Part XXI – Temporary, transitional and special provisions – Articles 369 to 392

Part XXII – Short title, date of commencement, authoritative text in Hindi and repeals – Articles
393 to 395

=====================================================================

2.3. Fundamental Rights and its Classification

Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights. These
are: Right to equality, including equality before law, prohibition of discrimination on grounds of
religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment.

What are 6 Fundamental Rights in Indian Constitution?

The six fundamental rights are:[2]

1. Right to equality (Article 14–18)

2. Right to freedom (Article 19–22)
3. Right against exploitation (Article 23–24)
4. Right to freedom of religion (Article 25–28)
5. Cultural and educational rights (Article 29–30)
6. Right to constitutional remedies (Article 32–35)

1. Right to Equality

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

2. Right to Freedom

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

3. Right against Exploitation

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

4. Right to Freedom of Religion

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

5. Cultural and Educational Rights

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

6. Right to Constitutional Remedies

Right to Constitutional Remedies ensures citizens to go to the supreme court of India to ask for
enforcement or protection against violation of their fundamental rights. The Supreme Court has the
jurisdiction to enforce the Fundamental Rights even against private bodies, and in case of any
violation, award compensation as well to the affected individual.
What are the classifications of human rights?

The United Nations has defined a broad range of internationally accepted rights, including civil,
cultural, economic, political and social rights.
=====================================================================

2.4. Directive Principles of State Policy

What are the Directive Principles of State Policy Article 36 to 51?

Directive Principles of Our State Policy: Part IV (Articles 36-51) of our constitution deals with
directive principles of state policy. It includes implementation of the uniform civil code,
abolition of untouchability and prohibition of its practice in any form and removal of legal
disabilities on the women etc.
Introduction

 Background: The source of the concept of Directive Principles of State Policy (DPSP) is
the Spanish Constitution from which it came in the Irish Constitution.

o The concept of DPSP emerged from Article 45 of the Irish Constitution.

 Constitutional Provisions: Part IV of the Constitution of India (Article 36–51) contains

the Directive Principles of State Policy (DPSP).

o Article 37 of the Indian Constitution States about the application of the Directive
Principles.

 These principles aim at ensuring socioeconomic justice to the people and

establishing India as a Welfare State.

 Fundamental Rights Vs DPSP:

 o Unlike the Fundamental Rights (FRs), the scope of DPSP is limitless and it protects
the rights of a citizen and work at a macro level.

 DPSP consists of all the ideals which the State should follow and keep in mind
while formulating policies and enacting laws for the country.

o Directive Principles are affirmative directions on the other hand, Fundamental

Rights are negative or prohibitive in nature because they put limitations on the State.

o The DPSP is not enforceable by law; it is non-justiciable.

o It is important to note that DPSP and FRs go hand in hand.

 DPSP is not subordinate to FRs.

 Classification of Principles: The Directive Principles are classified on the basis of their
ideological source and objectives. These are Directives based on:

o Socialist Principles

o Gandhian Principles

o Liberal and Intellectual Principles

Directives based on Socialist Principles

 Article 38: The State shall strive to promote the welfare of the people by securing and
protecting a social order by ensuring social, economic and political justice and
by minimising inequalities in income, status, facilities and opportunities

 Articles 39: The State shall in particular, direct its policies towards securing:

o Right to an adequate means of livelihood to all the citizens.

o The ownership and control of material resources shall be organised in a manner to

serve the common good.
 o The State shall avoid concentration of wealth in a few hands.

o Equal pay for equal work for both men and women.

o The protection of the strength and health of the workers.

o Childhood and youth shall not be exploited.

 Article 41: To secure the right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disability.

 Article 42: The State shall make provisions for securing just and humane conditions of
work and for maternity relief.

 Article 43: The State shall endeavour to secure to all workers a living wage and a decent
standard of life.

o Article 43A: The State shall take steps to secure the participation of workers in the
management of industries.

 Article 47: To raise the level of nutrition and the standard of living of people and to
improve public health.

Directives based on Gandhian Principles

 Article 40: The State shall take steps to organise village panchayats as units of Self
Government

 Article 43: The State shall endeavour to promote cottage industries on an individual or
cooperative basis in rural areas.

o Article 43B: To promote voluntary formation, autonomous functioning, democratic

control and professional management of cooperative societies.

 Article 46: The State shall promote educational and economic interests of the weaker
sections of the people particularly that of the Scheduled Castes (SCs), Scheduled Tribes
(STs) and other weaker sections.
 Article 47: The State shall take steps to improve public health and prohibit consumption
of intoxicating drinks and drugs that are injurious to health.

 Article 48: To prohibit the slaughter of cows, calves and other milch and draught cattle
and to improve their breeds.

Directives based on Liberal-Intellectual Principles

 Article 44: The State shall endeavour to secure for the citizen a Uniform Civil
Code through the territory of India.

 Article 45: To provide early childhood care and education for all children until they
complete the age of six years.

 Article 48: To organise agriculture and animal husbandry on modern and scientific lines.

o Article 48A: To protect and improve the environment and to safeguard the forests
and wildlife of the country.

 Article 49: The State shall protect every monument or place of artistic or historic interest.

 Article 50: The State shall take steps to separate judiciary from the executive in the
public services of the State.

 Article 51: It declares that to establish international peace and security the State shall
endeavour to:

o Maintain just and honourable relations with the nations.

o Foster respect for international law and treaty obligations.

o Encourage settlement of international disputes by arbitration.

Amendments in DPSP:

 42nd Constitutional Amendment, 1976: It introduced certain changes in the part-IV of the
Constitution by adding new directives:
 o Article 39A: To provide free legal aid to the poor.

o Article 43A: Participation of workers in management of Industries.K1M

o Article 48A: To protect and improve the environment.

 44th Constitutional Amendment, 1978: It inserted Section-2 to Article 38 which declares

that; “The State in particular shall strive to minimise economic inequalities in income and
eliminate inequalities in status, facilities and opportunities not amongst individuals but also
amongst groups”.

o It also eliminated the Right to Property from the list of Fundamental Rights.

 86th Amendment Act of 2002: It changed the subject-matter of Article 45 and made
elementary education a fundamental right under Article 21 A.

Conflicts Between Fundamental Rights and DPSP: Associated Cases

 ChampakamDorairajan v the State of Madras (1951): In this case, the Supreme Court
ruled that in case of any conflict between the Fundamental Rights and the Directive
Principles, the former would prevail.

o It declared that the Directive Principles have to conform to and run as subsidiary to
the Fundamental Rights.

o It also held that the Fundamental Rights could be amended by the Parliament by
enacting constitutional amendment acts.

 Golaknath v the State of Punjab (1967): In this case, the Supreme Court declared
that Fundamental Rights could not be amended by the Parliament even for
implementation of Directive Principles.

o It was contradictory to its own judgement in the ‘ShankariParsad case’.

 KesavanandaBharati v the State of Kerala (1973): In this case, the Supreme Court
overruled its Golak Nath (1967) verdict and declared that Parliament can amend any part
 of the Constitution but it cannot alter its “Basic Structure”.

o Thus, the Right to Property (Article 31) was eliminated from the list of Fundamental
Rights.

 Minerva Mills v the Union of India (1980): In this case, the Supreme Court reiterated
that Parliament can amend any part of the Constitution but it cannot change the “Basic
Structure” of the Constitution.

Implementation of DPSP: Associated Acts and Amendments

 Land Reforms: Almost all the states have passed land reform laws to bring changes in the
agrarian society and to improve the conditions of the rural masses. These measures include:

o Abolition of intermediaries like zamindars, jagirdars, inamdars, etc

o Tenancy reforms like security of tenure, fair rents, etc

o Imposition of ceilings on land holdings

o Distribution of surplus land among the landless labourers

o Cooperative farming

 Labour Reforms: The following acts were enacted to protect the interests of the Labour
section of the society.

o The Minimum Wages Act (1948), Code on Wages, 2020

o The Contract Labour Regulation and Abolition Act (1970)

o The Child Labour Prohibition and Regulation Act (1986)

 Renamed as the Child and Adolescent Labour Prohibition and Regulation

Act, 1986 in 2016.

o The Bonded Labour System Abolition Act (1976)

 o The Mines and Minerals (Development and Regulation) Act, 1957

o The Maternity Benefit Act (1961) and the Equal Remuneration Act (1976) have
been made to protect the interests of women workers.

 Panchayati Raj System: Through 73rd Constitutional Amendment Act, 1992,

government fulfilled constitutional obligation stated in Article 40.

o Three tier ‘Panchayati Raj System’ was introduced at the Village, Block and District
level in almost all parts of the country.

 Cottage Industries: To promote cottage industries as per Article 43, the government has
established several Boards such as Village Industries Board, Khadi and Village Industries
Commission, All India Handicraft Board, Silk Board, Coir Board, etc., which provide
essential help to cottage industries in finance and marketing.

 Education: Government has implemented provisions related to free and compulsory

education as provided in Article 45.

o Introduced by the 86th Constitutional Amendment and subsequently passed

the Rights to Education Act 2009, Elementary Education has been accepted as
Fundamental Right of each child between the 6 to 14 years of age.

 Rural Area Development: Programmes such as the Community Development Programme

(1952), Integrated Rural Development Programme (1978-79) and Mahatma Gandhi
National Rural Employment Guarantee Act (MGNREGA-2006) were launched to raise
the standard of living particularly in rural areas, as stated in the Article 47 of the
Constitution.

 Health: Central Government sponsored schemes like Pradhan Mantri Gram

SwasthyaYojana (PMGSY) and National Rural Health Mission (NRHM) are being
implemented to fulfill the social sector responsibility of the Indian State.

 Environment: The Wildlife (Protection) Act, 1972, the Forest (Conservation) Act,
1980 and the Environment (Protection) Act, 1986 have been enacted to safeguard the
 wildlife and the forests respectively.

o The Water and Air Pollution Control Acts have provided for the establishment of
the Central Pollution Control Board.

 Heritage Preservation: The Ancient and Historical Monument and Archaeological

Sites and Remains Act (1958) has been enacted to protect the monuments, places and
objects of national importance.

===================================================================

2.5. Fundamental Duties.

The list of 11 Fundamental Duties under Article 51-A to be obeyed by every Indian citizen is
given in the table below:

[Link] 11 Fundamental Duties

1. Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the
National Anthem

2. Cherish and follow the noble ideals that inspired the national struggle for freedom

3. Uphold and protect the sovereignty, unity and integrity of India

4. Defend the country and render national service when called upon to do so

5. Promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities and to renounce practices
derogatory to the dignity of women

6. Value and preserve the rich heritage of the country’s composite culture
7. Protect and improve the natural environment including forests, lakes, rivers and wildlife and to
have compassion for living creatures

8. Develop scientific temper, humanism and the spirit of inquiry and reform

9. Safeguard public property and to abjure violence

10. Strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavour and achievement

11. Provide opportunities for education to his child or ward between the age of six and fourteen
years. (This duty was added by the 86th Constitutional Amendment Act, 2002)

Importance of Fundamental Duties – Part IV-A

Fundamental Duties are an inalienable part of fundamental rights. The importance of these are
given in the table below:

[Link] Importance of Fundamental Duties

1. They remind Indian Citizens of their duty towards their society, fellow citizens and the nation

2. They warn citizens against anti-national and anti-social activities

3. They inspire citizens & promote a sense of discipline and commitment among them

4. They help the courts in examining and determining the constitutional validity of a law

Criticism of Fundamental Duties

The Fundamental Duties mentioned in Part IVA of the Constitution have been criticized on the
following grounds:

 They have been described by critics as a code of moral precepts due to their non-
justiciable character. Their inclusion in the Constitution was described by the critics as
superfluous. This is because the duties included in the Constitution as fundamental would
be performed by the people even though they were not incorporated into the Constitution.

 Some of the duties are vague, ambiguous and difficult to be understood by the common
man.

 The list of duties is not exhaustive as it does not cover other important duties like casting
votes, paying taxes, family planning and so on. In fact, the duty to pay taxes was
recommended by the Swaran Singh Committee.

 The critics said that the inclusion of fundamental duties as an appendage to Part IV of the
Constitution has reduced their value and significance. They should have been added after
Part III so as to keep them on par with Fundamental Rights.

 Swaran Singh’s Committee recommended more than 10 Fundamental Duties, however,

not all were included in the Constitution. Those duties recommended by the committee
which were not accepted were:

1. Citizens to be penalized/punished by the parliament for any non-compliance with

or refusal to observe any of the duties.

2. The punishments/penalties decided by the Parliament shall not be called in

question in any court on the ground of infringement of any of Fundamental Rights
or on the ground of repugnancy to any other provision of the Constitution.

3. Duty to pay taxes.

Facts about Fundamental Duties for UPSC:

 Fundamental Duties are categorized into two – Moral Duty & Civic Duty

1. Moral Duty: cherishing noble ideals of freedom struggle

2. Civic Duty: respecting the Constitution, National Flag and National Anthem

 They essentially contain just a codification of tasks integral to the Indian way of life.
  The Fundamental Duties are confined to Indian citizens only and do not extend to
foreigners, unlike a few Fundamental Rights.

 They are also nonjusticiable similar to the Directive Principles of State Policy.

 There is no legal sanction against their violation.

UPSC Questions related to Fundamental Duties

Which Fundamental Duty was added by the 86th Amendment Act?

The Fundamental Duty added by the 86th amendment act directs citizens to provide
opportunities for education to his child or ward between the age of six and fourteen years.

Which Committee proposed to add Fundamental Duties in the Indian Constitution?

Swaran Singh Committee in 1976 recommended Fundamental Duties to be added in the

constitution

Which amendment act added 10 Fundamental Duties in the Indian Constitution?

42nd Amendment Act, 1976 added 10 Fundamental Duties

Fundamental Duties are added under which part of the Indian Constitution?

They are added under Part-IV-A of the Constitution.

Why are the Fundamental Duties important for a citizen?

Fundamental duties are important because:

 They remind Indian Citizens of their duty towards their society, fellow citizens and the
nation

 They warn citizens against anti-national and anti-social activities

 They inspire citizens & promote a sense of discipline and commitment among them

 They help the courts in examining and determining the constitutional validity of a law
Fundamental Duties are added under which part of the Indian Constitution?

They are added under Part-IV-A of the Constitution.

UNIT III

Rights of Marginalized and other Disadvantaged People

Article 15(1) prohibits discrimination on grounds of race, caste, sex, religion or place of birth.
Article 16(1) further provides equality of opportunity to all. These two articles, apart from
proclaiming every one equal, also gives power to the State for making special provisions for SCs
and STs.

What are marginalized and disadvantaged groups?

These terms are applied to groups of people who, due to factors usually considered outside their
control; do not have the same opportunities as other, more fortunate groups in society. Examples
might include unemployed people, refugees and others who are socially excluded.

3.1. Rights of Women

The rights of women are protected and promoted through various international human
rights instruments, including treaties, conventions, and declarations. Below are some key
principles and relevant articles from international agreements that emphasize the rights of
women:

1. Universal Declaration of Human Rights (UDHR):

 Article 2: Right to freedom from discrimination.

 Article 3: Right to life, liberty, and security of person.
 Article 7: Equality before the law and protection against discrimination.

2. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW):

CEDAW is often considered the international bill of rights for women and includes various
articles, such as:

 Article 1: Defines discrimination against women and establishes the obligation of states
to eliminate such discrimination.
  Article 2: Requires states to take measures to eliminate discrimination and promote
gender equality.
 Article 5: Addresses stereotypes and cultural practices that perpetuate discrimination.
 Article 11: Recognizes women's rights to employment and participation in public life.

3. Beijing Declaration and Platform for Action:

 Adopted at the Fourth World Conference on Women in 1995.

 Emphasizes critical areas of concern, including women's rights to education, health,
economic opportunities, and participation in decision-making.

4. International Covenant on Civil and Political Rights (ICCPR):

 Article 3: Equality of men and women in the enjoyment of civil and political rights.
 Article 23: Right to participate in government and equal access to public service.

5. International Covenant on Economic, Social and Cultural Rights (ICESCR):

 Article 3: Equal right of men and women to the enjoyment of all economic, social, and
cultural rights.
 Article 7: Right to just and favorable conditions of work.
 Article 10: Protection of the family, mothers, and children.

6. Convention on the Rights of the Child (CRC):

 While not specific to women, it includes principles relevant to girls' rights and non-
discrimination.
 Article 2: Prohibits discrimination on the basis of sex.

7. African Charter on Human and Peoples' Rights (ACHPR):

 Article 18: Right to participate in government.

 Article 22: Right to economic, social, and cultural development.

8. National Legislation and Policies:

  Many countries have enacted laws and policies to address issues specific to women, such
as laws against domestic violence, sexual harassment, and policies promoting gender
equality in the workplace.

These international instruments collectively contribute to the global framework for the protection
and promotion of women's rights. National and regional efforts, coupled with international
cooperation, are crucial for ensuring the effective implementation of these rights and addressing
gender-based discrimination and inequality.

=====================================================================

3.2. Rights of Children

What are the 4 rights of a child?

The Convention on the Rights of the Child comprises four main pillars - the right to survival, the
right to protection, the right to development and the right to participation. These rights are based
on the non-discrimination principle and all actions must be in line with the best interest of
children.

Children's Rights according to the Indian Constitution

India recognizes and acknowledges children as equals to their adult counterparts and deems them
worthy of the nation's protection and shelter. Children too are given the basic/fundamental rights
of citizenship along with the adults through the Fundamental Rights and Directive Principles of
State Policy. These rights encompass the following:

 Right to equality (Article 14).

 Right against discrimination (Article 15).
 Right to personal liberty and due process of law (Article 21).
 Right to being protected from being trafficked and forced into bonded labour (Article 23).
 Right of weaker sections of the people to be protected from social injustice and all forms
of exploitation (Article 46).
The Constitution of India also goes on to award certain rights to the children of India in
accordance with the United Nations Conventions on the Rights of the Child. The National
Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the
Commission for Protection of Child Rights Act, 2005, an Act of Parliament (December 2005).
These rights are:

 Right to free and compulsory elementary education for all children in the 6-14 year age
group (Article 21 A).
 Right to be protected from any hazardous employment till the age of 14 years (Article
24).
 Right to be protected from being abused and forced by economic necessity to enter
occupations unsuited to their age or strength (Article 39(e)).
 Right to equal opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and guaranteed protection of childhood and youth
against exploitation and against moral and material abandonment (Article 39 (f)).

Every child deserves the shield of security of its nation but there are specific classes that are
vulnerable to the exploitation and violence more than the others. These are the victims of gender
discrimination, child marriage, child labour, etc. The Indian Constitution has a number of
provisions in order to protect a child from possible and further exploitation or discrimination.
These include:

 Article 24 Prohibition of employment of children in factories, etc. No child below the age
of fourteen years shall be employed to work in any factory or mine or engaged in any
other hazardous employment.
 Article 39 Certain principles of policy to be followed by the State. The State shall, in
particular, direct its policy towards securing
 that the citizen, men and women equally, have the right to an adequate means of
livelihood
 that the ownership and control of the material resources of the community are so
distributed as best to sub serve the common good
 that the operation of the economic system does not result in the concentration of wealth
and means of production to the common detriment
  that there is equal pay for equal work for both men and women
 that the health and strength of workers, men and women, and the tender age of children
are not abused and that citizens are not forced by economic necessity to enter avocations
unsuited to their age or strength
 That children are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.
 Article 45 Provision for free and compulsory education for children. The State shall
endeavor to provide, within a period of ten years from the commencement of this
Constitution, for free and compulsory education for all children until they complete the
age of fourteen years.

Major Rights of Children in India are:

 Right to Equality. ...

 Right against Discrimination. ...
 Right to Life. ...
 Right to Health. ...
 Right to Express Oneself Freely. ...
 Right to Education. ...
 Right to Protection against being subjected to Trafficking and Forced Labor. ...
 Right to be protected from Dangerous Jobs.
 Right to protection from abuse
 Right to identity
 Right against exploitation of any kind including social justice

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3.3. Rights of Differently Abled

Declaration on the Rights of Disabled Persons:

The Declaration of the Rights of Disabled persons was a declaration of the General Assembly of
the United Nations made on 9 Dec 1975. It is the 3447th resolution made by the Assembly.

The disabled person shall enjoy all rights contained in this declaration without distinction or
discrimination. The disabled persons have inherent rights to respect for their human dignity and
irrespective of the origin, nature and seriousness of their handicaps and disabilities, have same
Fundamental Rights. Disabled persons have the same civil and political rights as other human
beings. Disabled persons are entitled to the measures designed to enable them to become as self-
reliant as possible. Disabled persons have the right to economic and social security, including the
right, according to their capabilities, to secure and retain employment or to engage in a useful,
productive and remunerative occupation and to join trade unions. Disabled persons have the right
to live with their families or with foster parents and to participate in all social, creative or
recreational activities. Disabled persons shall be protected against all exploitation and treatment
of a discriminatory, abusive or degrading nature.

Constitutional Rights of Disabled Persons:

1. Prohibition of Discrimination:

Article 15 is a manifestation of “Right to Equality” under article 14, as it enshrines a specific

dimension of the principles of equality relating to discrimination by state or various grounds .
Under article 15 the protection extends only to citizens , unlike article 14 which protects ‘ any
person’ . Thus in application article 15 protects from discriminatory state activities but the ambit
of article 15 is narrower than that of article 14.

Article 15 of the Indian constitution deals with “prohibition of discrimination” on the grounds of
religion, race, caste, sex or place of birth.

It runs as follows:

Article 15(2) says, no no citizen shall on the grounds only of religion, race, caste, sex, place of
birth or any of them, be subjected to any disabilities liability restriction or condition with regard
to:

(a) Access to shops, public restaurants, hotels and places of public entertainment; or
(b) The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or
partly out of the state funds dedicated to the use of the general public.

Equity in Social, Economic and Cultural Rights:

Article 25 of the CRDP recognizes the “right of a person with disabilities to education. With a
view to realizing this right without discrimination and on the basis of equal opportunity , state
parties shall ensure an inclusive education system at all levels and lifelong learning.” They
considered constitution to grant education to children with disabilities if they explicitly guarantee
the right to education , the right to free education, or the right to compulsory education to
children with disabilities or prohibit discrimination in education on the basis if disability.
Globally only 28% of the countries provide some type of constitutional guarantee of educational
rights or the children with disabilities.

3. Right to Work:

Article 27 of the CRDP instructs states to “recognizes the right of persons with disabilities to
work, on an equal basis with others; this includes the rights to opportunity to gain a living by
work freely chosen or accepted in a labour market and work environment that is open, inclusive
and accessible to persons with disabilities.

Right To Liberty:

Article 14 of the CRPD instructs state parties to guarantee people with disabilities the right to
liberty and security of person. We considered the right to liberty to be guaranteed to persons with
disabilities if they were explicitly granted the right to freedom or liberty. Globally, only 9% of
the constitutions explicitly guarantee the right to liberty to persons with disabilities. However
19% of the constitution specifies that the right to liberty can be denied to persons with the mental
health condition.

Right to Freedom of Expression:

In article 21, the CRPD states that to “take all appropriate measures to ensure that persons with
disabilities can exercise the right to freedom of expression and opinion include the freedom to
seek, receive and impart information and ideas on an equal basis with others and through all
forms of communications of their choice.”

Rights of Disabled Persons in India:

Persons with disabilities are one of the most neglected sections of our nation. This is due to the
sheer indifference of the society which subjects such people to disapproval and antipathy. Such
people have several rights under various Indian laws as well as UN conventions that are followed
in India. Under section 2(i) of Persons with Disabilities Act, 1995,"disability" includes blindness,
low vision, leprosy cured, hearing impairment, loco motor disability, mental retardation and
mental illness.

=====================================================================

3.4. Rights of Elderly

As of my last knowledge update in January 2022, the rights of the elderly are often
addressed through various international instruments and national laws that aim to protect and
promote their well-being. While there might not be specific international articles dedicated solely
to the rights of the elderly, various principles within international human rights instruments are
applicable. Additionally, some countries have specific laws addressing the rights of the elderly.
It's important to note that legal frameworks may evolve, so it's advisable to check the latest
documents for the most up-to-date information.

Here are some general principles and relevant articles from international human rights
instruments that are pertinent to the rights of the elderly:

1. Universal Declaration of Human Rights (UDHR):

While the UDHR does not explicitly mention the elderly, several articles are relevant, including:

 Article 3: Right to life, liberty, and security.

 Article 25: Right to a standard of living adequate for health and well-being.
 Article 21(1): Right to participate in government.
2. International Covenant on Civil and Political Rights (ICCPR):

 Article 6: Right to life.

 Article 7: Freedom from torture, cruel, inhuman, or degrading treatment or punishment.
 Article 17: Protection of privacy.

3. International Covenant on Economic, Social and Cultural Rights (ICESCR):

 Article 9: Right to social security.

 Article 10: Protection of the family, mothers, and children.
 Article 12: Right to the highest attainable standard of physical and mental health.

4. Convention on the Rights of Persons with Disabilities (CRPD):

 While not specific to the elderly, the CRPD emphasizes the rights of persons with
disabilities, a group that includes elderly individuals who may have disabilities.
 Relevant principles include non-discrimination, accessibility, and respect for inherent
dignity.

5. Madrid International Plan of Action on Ageing:

 Not a legally binding instrument but an important international framework.

 Emphasizes the need to address the social, economic, and cultural rights of older persons.
 Advocates for action in areas such as health, social services, income security, and
protection against abuse.

6. National Legislation:

 Many countries have specific laws or policies addressing the rights and well-being of the
elderly.
 Examples may include laws on elder abuse prevention, healthcare, social services, and
pension rights.

It's crucial to recognize the evolving nature of discussions around the rights of the elderly and the
need for ongoing efforts to strengthen legal protections and promote the dignity and well-being
of older persons. Always refer to the most recent and relevant legal documents for accurate and
up-to-date information.
What is Indian law for elderly?

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, were enacted by
Parliament to provide financial security, welfare and protection to senior citizens. This landmark
legislation was initiated by the Ministry of Social Justice and Empowerment.

=====================================================================

3.5. Rights of Scheduled Castes

The term "Scheduled Castes" (SC) refers to specific groups of historically marginalized
communities in India who have been subjected to social discrimination and untouchability
practices. The rights of Scheduled Castes are protected and guaranteed by the Constitution of
India, which includes provisions to address their historical disadvantages and ensure their equal
participation in society. Some relevant articles in the Indian Constitution pertaining to the rights
of Scheduled Castes include:

1. Article 15: Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex, or Place
of Birth:

 Article 15(4) allows the state to make special provisions for the advancement of socially
and educationally backward classes, including Scheduled Castes.
2. Article 17: Abolition of Untouchability:

 Article 17 explicitly abolishes untouchability in any form. The practice is deemed an

offense punishable by law, and the enforcement of any disability arising out of
untouchability is prohibited.
3. Article 46: Promotion of Educational and Economic Interests of Scheduled Castes, Scheduled
Tribes, and Other Weaker Sections:

 Article 46 directs the state to promote with special care the educational and economic
interests of the Scheduled Castes, Scheduled Tribes, and other weaker sections and to
protect them from social injustice and exploitation.
4. Article 330: Reservation of Seats for Scheduled Castes and Scheduled Tribes in the House of
the People:

 Article 330 provides for the reservation of seats for Scheduled Castes and Scheduled
Tribes in the House of the People (Lok Sabha), the lower house of India's Parliament.
5. Article 332: Reservation of Seats for Scheduled Castes and Scheduled Tribes in the
Legislative Assemblies of the States:

 Article 332 extends the provision of reservation for Scheduled Castes and Scheduled
Tribes to the legislative assemblies of the states.
6. Article 335: Claims of Scheduled Castes and Scheduled Tribes to Services and Posts:

 Article 335 allows the relaxation of qualifying marks in any examination or lowering the
standards of evaluation for the reservation of appointments or posts in favor of Scheduled
Castes and Scheduled Tribes.
7. Article 338: National Commission for Scheduled Castes:

 Article 338 establishes the National Commission for Scheduled Castes to investigate and
monitor matters related to the safeguards provided for Scheduled Castes and to report on
their implementation.
8. Article 341: Power to Specify Castes:

 Article 341 empowers the President of India to specify the castes, races, or tribes or parts
of groups within castes that are deemed as Scheduled Castes.
It's important to note that these constitutional provisions are aimed at addressing historical social
injustices and promoting the social, educational, and economic development of Scheduled Castes
in India. The government also implements various affirmative action programs and policies to
uplift and empower these communities.
=====================================================================

3.6. Rights of Scheduled Tribes

The rights of Scheduled Tribes (ST) are protected and promoted through various constitutional
provisions and international agreements. In India, the term "Scheduled Tribes" refers to specific
indigenous communities that have historically been marginalized. Here are some key principles
and relevant articles that address the rights of Scheduled Tribes:

In the Constitution of India:

1. Article 15(4) and 16(4):

 Article 15(4) allows the state to make special provisions for the advancement of socially
and educationally backward classes, including Scheduled Tribes, in matters of admission
to educational institutions.
 Article 16(4) allows the state to make reservations in appointments for posts in favor of
any backward class of citizens, which includes Scheduled Tribes.

2. Article 46:

 Directs the state to promote with special care the educational and economic interests of
Scheduled Tribes and other weaker sections and to protect them from social injustice and
exploitation.

3. Article 244 and Fifth Schedule:

 Article 244 provides for the administration of Scheduled Areas and Scheduled Tribes
directly by the President.
 The Fifth Schedule contains provisions related to the administration and control of
Scheduled Areas and Scheduled Tribes, emphasizing the prevention of alienation of tribal
land.

4. Article 275(1):

 Provides for grants-in-aid to the states for the welfare of Scheduled Tribes and other
weaker sections.

5. Article 330 and 332:

 Article 330 provides for reservation of seats for Scheduled Tribes in the House of the
People (Lok Sabha).
  Article 332 provides for reservation of seats for Scheduled Tribes in the Legislative
Assemblies of the States.

6. Article 371:

 Some states, especially in North-Eastern India, have special provisions under Article 371
that safeguard the rights and interests of Scheduled Tribes.

International Agreements:

1. International Labour Organization (ILO) Convention 169:

 ILO Convention 169, ratified by India, addresses the rights of indigenous and tribal
peoples. It recognizes their right to control their own institutions, ways of life, and
economic development.

2. United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP):

 While not specifically binding, UNDRIP outlines the rights of indigenous peoples,
including self-determination, cultural rights, and participation in decision-making.

National Legislation:

1. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006:

 This Act recognizes and vests the forest rights and occupation in forest land in forest-
dwelling Scheduled Tribes and other traditional forest dwellers.

2. Panchayats (Extension to Scheduled Areas) Act, 1996:

 Extends the provisions of Part IX of the Constitution (relating to Panchayats) to the

Scheduled Areas, ensuring local self-governance.

The rights of Scheduled Tribes are multifaceted and include not only political and educational
rights but also rights related to land, resources, and cultural preservation. These constitutional
provisions and international agreements collectively aim to protect the distinct identity, culture,
and socio-economic well-being of Scheduled Tribes.

3.7. Rights of Minorities

Rights of minorities are protected under various international and national instruments to ensure
their equal treatment, non-discrimination, and protection of their cultural and religious identity.
Here are some key principles and relevant articles from international agreements:

International Instruments:

1. Universal Declaration of Human Rights (UDHR):

 Article 2: Right to non-discrimination.

 Article 18: Right to freedom of thought, conscience, and religion.
 Article 27: Right to participate in cultural, religious, and community life.

2. International Covenant on Civil and Political Rights (ICCPR):

 Article 2(1): Right to non-discrimination.

 Article 18: Right to freedom of thought, conscience, and religion.
 Article 27: Rights of minorities to enjoy their own culture, practice their own religion, or
use their own language.

3. International Covenant on Economic, Social and Cultural Rights (ICESCR):

 Article 2(2): Right to non-discrimination.

 Article 15(1)(a): Right to take part in cultural life.
 Article 15(1)(b): Right to enjoy the benefits of scientific progress and its applications.

4. United Nations Declaration on the Rights of Persons Belonging to National or Ethnic,

Religious and Linguistic Minorities:

 This declaration specifically addresses the rights of minorities, including the right to
enjoy their own culture, practice their own religion, and use their own language.

Regional Instruments:
1. Council of Europe Framework Convention for the Protection of National Minorities:

 This convention focuses on the protection of national minorities and includes provisions
related to language, education, and participation in public life.

2. African Charter on Human and Peoples' Rights:

 Article 2: Right to non-discrimination.

 Article 19: Right to participation in cultural life.
 Article 22: Rights of all peoples to their economic, social, and cultural development.

National Legislation:

1. Constitution of India:

 Article 15(1) and 15(4): Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth. The state can make special provisions for the advancement of any
socially and educationally backward classes, including minorities.
 Article 29: Protection of the interests of minorities by allowing them to conserve their
distinct language, script, or culture.

2. Canadian Charter of Rights and Freedoms:

 Section 27: Acknowledges and protects the rights of minorities to preserve, enhance, and
promote their unique cultural identities.

3. South African Constitution:

 Section 31: Recognizes the rights of persons belonging to cultural, religious, or linguistic
communities to enjoy their culture, practice their religion, and use their language.

Rights of minorities are essential for maintaining diversity and fostering inclusive societies.
These international and national instruments aim to protect the rights of minorities, allowing
them to preserve their distinct identities and participate fully in the social, cultural, and political
life of the broader community.

=====================================================================

3.8. Rights of Prisoners

 The rights of prisoners are essential to ensuring humane treatment, dignity, and the
protection of fundamental human rights even during incarceration. International human rights
instruments, as well as national laws, provide a framework for safeguarding the rights of
individuals who are in detention. Here are some key principles and relevant articles from
international agreements:

International Instruments:

1. Universal Declaration of Human Rights (UDHR):

 Article 5: Right to freedom from torture or cruel, inhuman, or degrading treatment or

punishment.
 Article 9: Right to freedom from arbitrary arrest, detention, or exile.

2. International Covenant on Civil and Political Rights (ICCPR):

 Article 7: Prohibition of torture or cruel, inhuman, or degrading treatment or punishment.

 Article 9: Right to liberty and security of person.
 Article 10(1): Treatment of prisoners with humanity and respect for their inherent
dignity.

3. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(CAT):

 Article 1: Definition of torture and the obligation of states to prevent and punish torture.
 Article 11: Measures to ensure that allegations of torture are promptly and impartially
examined.

4. Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules):

 These rules provide guidance on various aspects of the treatment of prisoners,

emphasizing respect for human dignity and the prevention of ill-treatment.

Regional Instruments:

1. European Convention on Human Rights (ECHR):

 Article 3: Prohibition of torture or inhuman or degrading treatment or punishment.

2. American Convention on Human Rights:

 Article 5: Right to humane treatment.

National Legislation:

1. United States: Eighth Amendment to the Constitution:

 Prohibits cruel and unusual punishment, impacting the treatment of prisoners.

2. United Kingdom: Human Rights Act 1998:

 Incorporates the European Convention on Human Rights into UK law, including the
prohibition of torture and inhuman or degrading treatment.

3. India: Protection of Human Rights Act, 1993:

 Provides for the establishment of human rights commissions to inquire into complaints of
human rights violations, including those within the prison system.

4. South Africa: Correctional Services Act, 1998:

 Outlines the rights of prisoners and sets standards for their treatment.

Specific Rights of Prisoners:

1. Right to Legal Representation:

 Access to legal representation and a fair trial is a fundamental right for prisoners.

2. Right to Medical Care:

 Prisoners have the right to receive adequate medical care and treatment.

3. Right to Family Contact:

 Maintaining family ties is recognized as important for the well-being of prisoners.

4. Right to Education and Work:

 Prisoners have the right to access educational programs and engage in purposeful work.
Ensuring the rights of prisoners is crucial not only for upholding human rights standards but also
for facilitating rehabilitation and reintegration into society. National and international oversight
mechanisms play a vital role in monitoring and ensuring the implementation of these rights.

3.9. Rights of Persons Living with HIVAIDS

The rights of persons living with HIV/AIDS are crucial for ensuring that they are treated
with dignity, respect, and without discrimination. International and national instruments provide
a framework to protect the rights of individuals affected by HIV/AIDS. Here are key principles
and relevant articles:

International Instruments:

1. International Covenant on Civil and Political Rights (ICCPR):

 Article 2: Right to non-discrimination.

 Article 7: Right to freedom from torture or cruel, inhuman, or degrading treatment or
punishment.
 Article 26: Equality before the law.

2. International Covenant on Economic, Social and Cultural Rights (ICESCR):

 Article 12: Right to the highest attainable standard of physical and mental health.
 Article 2(2): Non-discrimination in the enjoyment of economic, social, and cultural
rights.

3. Convention on the Rights of the Child (CRC):

 Article 24: Right to the enjoyment of the highest attainable standard of health.

4. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW):

 Relevant provisions address the rights of women living with HIV/AIDS, emphasizing
non-discrimination and access to healthcare.

5. UNAIDS International Guidelines on HIV/AIDS and Human Rights:

 A comprehensive set of guidelines that outline the human rights principles and standards
concerning HIV/AIDS.
National Legislation:

1. United States: Americans with Disabilities Act (ADA):

 While not specific to HIV/AIDS, the ADA prohibits discrimination based on disability,
and HIV/AIDS is recognized as a disability under the act.

2. South Africa: Employment Equity Act, 1998:

 Prohibits unfair discrimination on various grounds, including HIV status, in the

workplace.

Specific Rights of Persons Living with HIV/AIDS:

1. Right to Privacy and Confidentiality:

 Individuals have the right to privacy regarding their HIV status and to expect
confidentiality in the handling of their health information.

2. Right to Non-Discrimination:

 Protection from discrimination based on HIV status in various contexts, including

employment, healthcare, and education.

3. Right to Access to Treatment:

 Access to antiretroviral therapy (ART) and other necessary healthcare services is

considered a fundamental right.

4. Right to Informed Consent:

 Individuals have the right to be fully informed about their medical condition and
treatment options, and to provide informed consent for medical procedures.

5. Right to Education:

 People living with HIV/AIDS have the right to education without facing discrimination.

6. Right to Work:
  Protection against discrimination in the workplace based on HIV status, and the right to
reasonable accommodation.

7. Right to Form and Maintain Relationships:

 Individuals have the right to form and maintain relationships without facing
discrimination.

8. Right to Participation in Decision-Making:

 Involvement in decisions that affect their health and well-being, including participation in
public health policy discussions.

Ensuring the rights of persons living with HIV/AIDS is critical for addressing the broader public
health challenges associated with the epidemic and fostering an environment of understanding,
support, and compassion. National laws and international guidelines play a crucial role in
upholding these rights.

=====================================================================

3.10. Rights of LGBT - Lesbian, gay, bisexual and transgender (LGBT)

The rights of Lesbian, Gay, Bisexual, and Transgender (LGBT) individuals are protected
under various international and national instruments. While progress has been made in
recognizing and safeguarding these rights, challenges and discrimination persist in many parts of
the world. Here are key principles and relevant articles from international agreements:

International Instruments:

1. Universal Declaration of Human Rights (UDHR):

 Article 1: Recognition of the inherent dignity and equal rights of all members of the
human family.
 Article 2: Right to freedom from discrimination on any grounds, including sexual
orientation and gender identity.

2. International Covenant on Civil and Political Rights (ICCPR):

 Article 2(1): Right to non-discrimination.

  Article 17: Protection of privacy, including protection against arbitrary or unlawful
interference with privacy.

3. International Covenant on Economic, Social and Cultural Rights (ICESCR):

 While not explicitly mentioning sexual orientation or gender identity, various rights such
as the right to work, education, and health are applicable to LGBT individuals without
discrimination.

4. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(CAT):

 Article 16: Protection from torture or cruel, inhuman, or degrading treatment or

punishment, including on the basis of sexual orientation and gender identity.

5. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW):

 While not specific to LGBT rights, CEDAW addresses issues related to gender equality
and non-discrimination.

6. Yogyakarta Principles:

 Not a legally binding document but a set of principles on the application of international
human rights law in relation to sexual orientation and gender identity.

Regional Instruments:

1. European Convention on Human Rights (ECHR):

 Article 14: Prohibition of discrimination.

 The European Court of Human Rights has interpreted the Convention to include
protection against discrimination based on sexual orientation.

2. American Convention on Human Rights:

 While not explicitly mentioning sexual orientation or gender identity, the Inter-American
Commission on Human Rights has recognized the rights of LGBT individuals under the
Convention.
National Legislation:

1. United States: Obergefell v. Hodges (2015):

 The Supreme Court ruled that the fundamental right to marry is guaranteed to same-sex
couples.

2. South Africa: The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000:

 Prohibits unfair discrimination, including on the grounds of sexual orientation.

3. United Kingdom: The Equality Act 2010:

 Provides protection against discrimination on the basis of sexual orientation and gender
reassignment.

Specific Rights of LGBT Individuals:

1. Right to Non-Discrimination:

 Protection from discrimination based on sexual orientation and gender identity in various
contexts, including employment, education, healthcare, and housing.

2. Right to Privacy:

 Protection of privacy and freedom from arbitrary interference with one's private life.

3. Right to Freedom of Expression:

 The right to express one's sexual orientation and gender identity without fear of
discrimination or persecution.

4. Right to Asylum:

 LGBT individuals may be entitled to seek asylum on the basis of persecution due to their
sexual orientation or gender identity.

5. Right to Health:

 Access to healthcare services without discrimination, including appropriate medical care

for transgender individuals.
6. Right to Family Life:

 Recognition and protection of relationships and families formed by LGBT individuals.

While progress has been made, challenges persist, and the protection of LGBT rights continues
to be a subject of advocacy and legal reform globally. Legal frameworks play a crucial role in
advancing and safeguarding the rights of LGBT individuals.

UNIT IV

Human Rights Movements

Human rights movements are social and political movements that advocate for the
recognition, protection, and fulfillment of human rights. Human rights are inherent to all
individuals, irrespective of their nationality, ethnicity, religion, or any other characteristic. These
movements work towards addressing violations of human rights, promoting justice, and creating
awareness about the importance of upholding fundamental rights and freedoms. Human rights
movements can take various forms and may focus on specific issues or broad-ranging concerns.
Here are some key aspects of human rights movements:

Key Characteristics of Human Rights Movements:

1. Universal Declaration of Human Rights (UDHR):

 The UDHR, adopted by the United Nations General Assembly in 1948, serves as a
foundational document for human rights movements worldwide. It outlines a set of
fundamental rights and freedoms that all individuals are entitled to, such as the right to
life, liberty, and security, freedom of expression, and the right to work.

2. Diverse Issues:

 Human rights movements address a wide range of issues, including civil and political
rights (e.g., freedom of speech, political participation), economic and social rights (e.g.,
right to education, healthcare), and cultural rights.
3. Activism and Advocacy:

 Activists within human rights movements engage in advocacy, awareness campaigns, and
legal action to address human rights abuses. They often work to hold governments,
institutions, and individuals accountable for violating human rights norms.

4. Global and Local Impact:

 Human rights movements operate at both the global and local levels. They may address
transnational issues, such as refugee rights or climate change, as well as local concerns,
including discrimination, police brutality, or access to education.

5. Solidarity and Collaboration:

 Human rights movements often involve collaboration and solidarity among diverse
groups, including NGOs, grassroots organizations, legal professionals, and concerned
individuals. International cooperation is crucial in addressing global human rights
challenges.

Examples of Human Rights Movements:

1. Civil Rights Movement (United States, 1950s-1960s):

 The Civil Rights Movement in the United States sought to end racial segregation and
discrimination against African Americans. Activists, such as Martin Luther King Jr.,
advocated for equal rights, voting rights, and an end to systemic racism.

2. Anti-Apartheid Movement (South Africa, 20th century):

 The movement aimed to dismantle the apartheid system in South Africa, which
institutionalized racial segregation and discrimination. International efforts, including
economic sanctions and divestment campaigns, contributed to the eventual dismantling of
apartheid.

3. Women's Rights Movement (Various Countries, ongoing):

  Women's rights movements advocate for gender equality and the elimination of
discrimination based on gender. Issues addressed include reproductive rights, workplace
equality, and combating violence against women.

4. LGBTQ+ Rights Movement (Global, ongoing):

 The LGBTQ+ rights movement advocates for the rights and dignity of lesbian, gay,
bisexual, transgender, and queer individuals. Activists work to decriminalize
homosexuality, promote equal rights, and challenge discrimination.

5. Human Rights Movements in Authoritarian Regimes:

 Movements in various countries, such as those in Myanmar, Belarus, and Hong Kong,
focus on challenging authoritarian regimes, advocating for democracy, and protesting
against human rights abuses.

Challenges and Achievements:

1. Challenges:

 Human rights movements often face resistance from governments, political entities, and
conservative forces. Activists may be subjected to repression, violence, or legal
challenges.
 Balancing cultural relativism with universal human rights standards can be a challenge,
as some argue that certain rights are culturally specific.

2. Achievements:

 Human rights movements have achieved significant successes, including the

establishment of international human rights frameworks, the end of apartheid, and legal
reforms promoting equality and justice.

Human rights movements play a crucial role in promoting social justice, equality, and the
protection of vulnerable populations. They contribute to the ongoing evolution and enforcement
of human rights principles on a global scale.

4.1. Peasant Movements (Tebhaga and Telangana)

 The Tebhaga and Telangana peasant movements were significant agrarian
struggles that took place in India during the mid-20th century. These movements
were rooted in the socio-economic conditions prevailing in rural areas and were
characterized by the demands for fairer distribution of land and resources.

Tebhaga Movement:

Time Period: Late 1940s

Region: Bengal (now West Bengal and Bangladesh)

3. Background:

 The Tebhaga movement emerged as a response to the exploitative

sharecropping system prevalent in Bengal, where tenants (sharecroppers)
were required to give half of their produce to landlords.

2. Demands:

 The central demand of the Tebhaga movement was to change the traditional
50:50 sharecropping arrangement to a 2/3rd share for the sharecropper and
1/3rd for the landlord (Tebhaga meaning ‘two-thirds’).

3. Leadership:

 The movement was led by the Kisan Sabha, a peasants’ organization

affiliated with the Communist Party of India (CPI).

4. Outcome:

 The Tebhaga movement faced severe repression from the state, with the
government attempting to suppress the agitation. Although the movement
did not fully achieve its demands, it contributed to the larger discourse on
agrarian reforms.
Telangana Peasant Movement:

Time Period: Late 1940s to early 1950s

Region: Telangana region of Hyderabad (present-day Telangana state)

3. Background:

 The Telangana peasant movement was a response to the oppressive feudal

structure and the exploitation of the peasants by the Nizam’s autocratic rule
in the princely state of Hyderabad.

2. Demands:

 The movement demanded land reforms, reduction of land revenue, and an

end to the feudal system. It also called for the liberation of peasants from the
clutches of landlords.

3. Leadership:

 The movement was spearheaded by the Communist Party of India (CPI),

particularly the Telangana People’s Armed Struggle (1946-1951).

4. Peasant Armed Struggle:

 The Telangana movement witnessed a significant armed struggle, with

peasants forming militia groups to protect themselves and assert their rights.
This phase of the movement is often referred to as the Telangana Armed
Struggle.

5. Integration with India:

 The merger of Hyderabad with the Indian Union in 1948, facilitated by

Operation Polo, marked a crucial turning point in the Telangana movement.
6. Outcome:

 The movement contributed to the initiation of land reforms in the region

after the integration with India. The struggles of the Telangana peasants
played a role in shaping the agrarian policies in the early years of
independent India.

Both the Tebhaga and Telangana movements were integral parts of the broader
peasant movements that sought to address issues of land distribution, tenancy
rights, and socio-economic inequalities in the agrarian sector. While these
movements faced repression and did not fully achieve their goals, they played
significant roles in shaping agrarian politics and policies in post-independence
India.

4.2. Scheduled Caste Movements (Mahar and Ad-Dharmi)

The Scheduled Caste movements, including those led by communities like the Mahars
and Ad-Dharmis, have been crucial in addressing historical social injustices, discrimination, and
advocating for the rights of marginalized groups in India. Here is a brief overview of the
movements associated with the Mahar and Ad-Dharmi communities:

Mahar Movement:

Community: Mahars, traditionally considered a Scheduled Caste in India, particularly in the state
of Maharashtra.

3. Bhakti Movement:
 The Mahar community had a history of socio-religious movements that challenged caste-
based discrimination. The Bhakti movement in Maharashtra, with saints like Chokhamela
and Sant Tukaram, emphasized spiritual equality and questioned the prevailing caste
hierarchy.

2. Ambedkar’s Leadership:
  Dr. B.R. Ambedkar, himself a Mahar, emerged as a prominent leader advocating for the
rights and upliftment of the Scheduled Castes. He played a crucial role in the Mahar
movement.

3. Temple Entry Movement:

 The Mahars faced social exclusion and discrimination, including being denied entry into
temples. The movement led by Dr. Ambedkar sought to challenge these discriminatory
practices and assert the right of the Mahars to enter temples.

4. Chavdar Tale Satyagraha:

 In 1927, under the leadership of Dr. Ambedkar, the Mahars organized the Chavdar Tale
Satyagraha, where they asserted their right to access water from public tanks. This was a
significant act of defiance against untouchability.

Ad-Dharmi Movement:

Community: Ad-Dharmis, considered a Scheduled Caste in the Indian state of Punjab.

3. Bhakti and Reform Movements:

 The Ad-Dharmi community, like many other Scheduled Castes, has been influenced by
the Bhakti movement and other reform movements that aimed to challenge caste-based
discrimination.

2. Ad-Dharmi Sabha:

 The Ad-Dharmi Sabha, a social and religious organization, played a key role in
advocating for the rights and welfare of the Ad-Dharmi community. It worked towards
social reform and empowerment.

3. Political Mobilization:

 Over the years, the Ad-Dharmi community has been politically mobilized to assert its
rights. Political representation and participation have been important tools for social
change and empowerment.

4. Educational Initiatives:
  Similar to other marginalized communities, there have been efforts to promote education
within the Ad-Dharmi community. Education is seen as a means of empowerment and
breaking the cycle of socio-economic disadvantage.

Dr. B.R. Ambedkar’s Role:

Both the Mahar and Ad-Dharmi movements were influenced by the teachings and leadership of
Dr. B.R. Ambedkar, a prominent social reformer, jurist, and the chief architect of the Indian
Constitution. Ambedkar’s efforts were not limited to a specific community but encompassed a
broader vision for social justice, equality, and the empowerment of all Scheduled Castes.

These movements, along with other Dalit movements across India, have contributed significantly
to the social, political, and economic upliftment of Scheduled Castes. They have played a crucial
role in challenging discriminatory practices, advocating for affirmative action policies, and
promoting a more inclusive and equitable society.

4.3. Scheduled Tribes Movements (Santhal and Munda)

The Santhal and Munda are two distinct tribal communities in India, and both have been
associated with significant tribal movements that aimed at asserting their rights, autonomy, and
cultural identity. These movements have historical roots and are important chapters in the
broader context of tribal struggles in India.

Santhal Movement:

3. Background:
 The Santhal tribe primarily inhabits the states of Jharkhand, West Bengal, Bihar, and
Odisha.
 The Santhal Hul, also known as the Santhal Rebellion, is one of the most prominent
movements associated with the Santhal community.

2. Santhal Hul (1855-1856):

 The Santhal Hul took place in 1855-1856 in the Chotanagpur plateau region (now in
Jharkhand).
  It was a rebellion against the oppressive policies of the British administration,
exploitation by moneylenders, and the alienation of tribal lands.
 The Santhals, under the leadership of Sidhu and Kanhu Murmu, rose against the British
and the landlords in a bid to protect their traditional way of life.

3. Impact:

 The movement, though ultimately suppressed by the British, left a lasting impact on tribal
consciousness.
 It contributed to the formation of the Santhal Parganas, a separate administrative division
for the Santhal community, to protect their interests.

Munda Movement:

3. Background:
 The Munda tribe predominantly resides in the states of Jharkhand, Chhattisgarh, Odisha,
West Bengal, and Bihar.
 The Birsa movement is a significant episode in Munda history.

2. Birsa Movement (1899-1900):

 The Birsa movement, led by Birsa Munda, took place between 1899 and 1900.
 The movement was a reaction against the oppressive policies of the British, missionary
activities, and the alienation of tribal lands.
 Birsa, often referred to as Birsa Bhagwan or Birsa Ulgulan, sought to establish a Munda
Raj and protect Munda identity.

3. Legacy:

 Although the Birsa movement did not achieve its immediate goals, it laid the foundation
for tribal solidarity and played a crucial role in the development of the Jharkhand
movement in the 20th century.

Common Themes:

3. Land Alienation:
  Both movements were, in part, responses to the alienation of tribal lands by external
forces, including the British administration and moneylenders.

2. Cultural Identity:

 The movements were attempts to preserve and protect the cultural identity and autonomy
of the Santhal and Munda tribes against external influences.

3. Resistance against Exploitation:

 Both movements involved resistance against economic exploitation and social injustices
faced by the tribal communities.

These tribal movements were pivotal moments in the history of tribal resistance in India and
played a crucial role in shaping the tribal consciousness and identity in the region. They also laid
the groundwork for later movements advocating for tribal rights and autonomy.

4.4. Environmental Movements ( Chipko and Narmada Bachao Andolan)

Environmental movements such as Chipko and Narmada Bachao Andolan are significant
movements in India that have focused on issues related to environmental conservation,
sustainable development, and the protection of natural resources. Here’s an overview of each
movement:

Chipko Movement:

3. Background:
 The Chipko Movement originated in the early 1970s in the state of Uttarakhand (formerly
part of the state of Uttar Pradesh).
 The term “Chipko” means “to hug” or “to cling” in Hindi, which symbolizes the act of
hugging trees to protect them from being felled.

2. Key Features:

 The movement was a response to rampant deforestation and the government’s allocation
of forest lands to industries.
  Women played a central role in the Chipko Movement. Villagers, especially women,
would physically embrace trees, preventing loggers from felling them.
 The movement highlighted the ecological and economic importance of forests and raised
awareness about sustainable resource management.

3. Impact:

 The Chipko Movement gained widespread attention and led to the formulation of policies
promoting community involvement in forest management.
 It contributed to the development of the concept of “eco-development” and community-
based conservation.

Narmada Bachao Andolan (NBA):

3. Background:
 Narmada Bachao Andolan is a movement that emerged in the 1980s in response to the
construction of large dams on the Narmada River in India, as part of the Narmada Valley
Development Project.
 The Sardar Sarovar Dam, one of the major projects, aimed at providing water and
electricity but posed significant social and environmental challenges.

2. Key Features:

 NBA, led by social activist Medha Patkar and other environmentalists, focused on the
adverse impacts of the dam on local communities, particularly tribal populations.
 The movement raised concerns about displacement, loss of livelihoods, and
environmental degradation associated with dam construction.
 NBA advocated for a comprehensive review of the project and sought alternatives that
would prioritize social and environmental sustainability.

3. Impact:

 While the NBA did not halt the construction of the Sardar Sarovar Dam entirely, it did
lead to a reevaluation of the project and increased awareness about the social and
environmental costs of large dams.
  The movement contributed to discussions on the need for participatory decision-making
in development projects and the importance of considering the rights and well-being of
local communities.

Common Themes:

3. Grassroots Activism:
 Both movements involved active participation at the grassroots level, with local
communities taking a stand to protect their environment and livelihoods.

2. Women’s Involvement:

 Women played a significant role in both movements, bringing attention to the social and
economic aspects of environmental issues.

3. Awareness and Policy Impact:

 Both movements had a lasting impact on environmental consciousness in India and

contributed to policy changes and the adoption of more sustainable practices.

These movements reflect the broader global trend of environmental activism and the recognition
of the interconnectedness between environmental conservation, social justice, and sustainable
development.

4.5. Social Reform Movements (Vaikom and Self Respect)

The Vaikom Satyagraha and the Self-Respect Movement were two significant social
reform movements in South India during the early to mid-20th century. Both movements aimed at
challenging social inequalities and promoting the rights and dignity of marginalized groups.
Here’s an overview of each:

Vaikom Satyagraha:

3. Background:
 The Vaikom Satyagraha was a protest against untouchability and caste-based
discrimination in the princely state of Travancore (present-day Kerala) in the 1920s and
1930s.
  The movement took its name from the town of Vaikom, where a historic temple had
imposed restrictions on the entry of lower-caste Hindus.

2. Key Features:

 Led by social reformers like K. Kelappan and T.K. Madhavan, the Vaikom Satyagraha
demanded the right of access to public roads around the Vaikom Mahadeva Temple for
all castes.
 The protesters, including people from lower castes, sought to challenge the social norms
that restricted their movement and access to public spaces.
 The movement employed nonviolent resistance and civil disobedience to bring attention
to the unjust caste-based practices.

3. Impact:

 While the Vaikom Satyagraha did not immediately result in the abolition of
untouchability, it marked a significant step towards social reform in the region.
 The movement paved the way for subsequent movements and legislation aimed at
eradicating caste-based discrimination and promoting social equality.

Self-Respect Movement:

3. Background:
 The Self-Respect Movement, initiated by E.V. Ramasamy, popularly known as Periyar,
emerged in Tamil Nadu in the early 20th century.
 Periyar was a social reformer and politician who advocated for the rights and dignity of
the Dravidian people and sought to challenge Brahminical dominance in society.

2. Key Features:

 The Self-Respect Movement aimed at promoting self-respect among non-Brahmin

communities, challenging caste-based discrimination, and advocating for social justice.
 Periyar emphasized rationalism, self-respect, and the rejection of traditional practices that
perpetuated social inequalities.
 The movement sought to instill a sense of pride and self-worth among non-Brahmin
communities, encouraging them to question and reject oppressive social norms.
3. Impact:

 The Self-Respect Movement had a profound impact on Tamil Nadu’s social and political
landscape.
 It led to the formation of the Dravidar Kazhagam (DK), a political party that continued
Periyar’s work in advocating for social justice, rationalism, and the rights of marginalized
communities.
 The movement contributed to social and political reforms in the state, including the
promotion of reservation policies to address historical injustices.

Common Themes:

3. Caste Discrimination:
 Both movements were responses to caste-based discrimination and sought to challenge
the oppressive social norms that restricted the rights and dignity of certain communities.

2. Nonviolent Resistance:

 Both the Vaikom Satyagraha and the Self-Respect Movement employed principles of
nonviolent resistance to bring attention to social injustices and advocate for reforms.

3. Empowerment and Dignity:

 The movements aimed at empowering marginalized communities, instilling a sense of

self-respect, and challenging the hierarchical social structures that perpetuated
discrimination.

These social reform movements were pivotal in challenging entrenched social inequalities and
laying the groundwork for more inclusive and egalitarian societies in South India.

UNIT V

Redressal Mechanism

A redressal mechanism refers to a system or process that allows individuals or entities to

seek resolution or remedy for grievances, complaints, or issues they may have encountered. The
primary purpose of redressal mechanisms is to provide a fair and efficient means for addressing
concerns, rectifying injustices, and ensuring that individuals' rights are protected. Redressal
mechanisms can exist in various sectors, including legal, administrative, consumer affairs, and
human rights. Here are some key aspects of redressal mechanisms:

Components of a Redressal Mechanism:

1. Complaint Submission:

 The process typically begins with individuals submitting their complaints or grievances
to the relevant authority or organization responsible for handling such matters. This could
be a government agency, an ombudsman, a customer service department, or a specific
redressal forum.

2. Investigation and Evaluation:

 Once a complaint is received, the redressal mechanism initiates an investigation or

evaluation to understand the nature of the issue, gather relevant information, and assess
the validity of the complaint.

3. Mediation and Conciliation:

 In some cases, redressal mechanisms may involve mediation or conciliation to facilitate

communication between the parties involved and reach a mutually acceptable resolution
without resorting to formal legal proceedings.

4. Legal Adjudication:

 If the issue cannot be resolved through mediation or conciliation, the redressal

mechanism may proceed to a formal legal adjudication process. This could involve
hearings, evidence gathering, and a decision rendered by a competent authority or
tribunal.

5. Decision and Remedies:

 Following the investigation or legal adjudication, the redressal mechanism issues a

decision. Depending on the nature of the complaint, remedies may be provided, which
could include compensation, corrective actions, policy changes, or other measures to
address the concerns raised.
6. Appeals Process:

 Redressal mechanisms often include an appeals process, allowing parties dissatisfied with
the initial decision to seek a review or reconsideration by a higher authority or appellate
body.

7. Feedback and Improvement:

 A well-functioning redressal mechanism encourages feedback from users or

complainants. This feedback helps the system identify areas for improvement, refine
processes, and enhance overall effectiveness.

Examples of Redressal Mechanisms:

1. Consumer Grievance Redressal:

 Consumer protection agencies, ombudsman services, and consumer courts provide

mechanisms for individuals to address grievances related to faulty products, deficient
services, or unfair trade practices.

2. Human Rights Commissions:

 National and international human rights commissions serve as redressal mechanisms for
individuals or groups who have experienced human rights violations. These bodies
investigate complaints and recommend corrective measures.

3. Ombudsman Services:

 Ombudsman offices, whether in the public or private sector, act as independent bodies
that investigate and resolve complaints related to maladministration, unfair treatment, or
violation of rights within organizations.

4. Legal Redressal Mechanisms:

 Courts and tribunals at various levels serve as formal redressal mechanisms for legal
disputes. This includes civil courts, criminal courts, labor tribunals, and administrative
tribunals.

5. Online Platforms and Customer Support:

  Many companies and organizations have customer support systems or online platforms
where consumers can submit complaints, and the company's redressal mechanism
addresses and resolves issues.

Importance of Redressal Mechanisms:

1. Access to Justice:

 Redressal mechanisms provide individuals with access to justice, ensuring that they can
seek remedies for grievances without resorting to self-help or retaliation.

2. Accountability:

 Redressal mechanisms contribute to accountability by holding individuals, organizations,

or authorities responsible for their actions and ensuring that corrective measures are
implemented.

3. Fairness and Transparency:

 A transparent and fair redressal mechanism promotes confidence in the system,

demonstrating that complaints are handled impartially, and decisions are based on
objective evaluation.

4. Preventing Retaliation:

 Redressal mechanisms help prevent individuals from resorting to self-help or taking

matters into their own hands by providing a formal and lawful process for resolution.

5. Continuous Improvement:

 Through feedback and review processes, redressal mechanisms can continually improve
their efficiency and effectiveness, adapting to changing circumstances and addressing
emerging issues.

Overall, redressal mechanisms play a crucial role in upholding justice, protecting individual
rights, and maintaining the rule of law in various sectors and domains. They contribute to the
overall functioning of a fair and just society.

5.1. Protection of Human Rights Act, 1993 (Amendment 2019)

 The Protection of Human Rights (Amendment) Bill, 2019 was introduced in Lok Sabha
by the Minister of Home Affairs, Mr. Amit Shah, on July 8, 2019. The Bill amends the
Protection of Human Rights Act, 1993. The Act provides for a National Human Rights
Commission (NHRC), State Human Rights Commissions (SHRC), as well as Human Rights
Courts.

Composition of NHRC:

 Under the Act, the chairperson of the NHRC is a person who has been a Chief Justice of
the Supreme Court. The Bill amends this to provide that a person who has been Chief
Justice of the Supreme Court, or a Judge of the Supreme Court will be the chairperson of
the NHRC.
 The Act provides for two persons having knowledge of human rights to be appointed as
members of the NHRC. The Bill amends this to allow three members to be appointed, of
which at least one will be a woman. Under the Act, chairpersons of various commissions
such as the National Commission for Scheduled Castes, National Commission for
Scheduled Tribes, and National Commission for Women are members of the NHRC.
The Bill provides for including the chairpersons of the National Commission for
Backward Classes, the National Commission for the Protection of Child Rights, and the
Chief Commissioner for Persons with Disabilities as members of the NHRC.

Chairperson of SHRC:

 Under the Act, the chairperson of a SHRC is a person who has been a Chief Justice of a
High Court. The Bill amends this to provide that a person who has been Chief Justice or
Judge of a High Court will be chairperson of a SHRC.

Term of office:

 The Act states that the chairperson and members of the NHRC and SHRC will hold
office for five years or till the age of seventy years, whichever is earlier. The Bill reduces
the term of office to three years or till the age of seventy years, whichever is earlier.
Further, the Act allows for the reappointment of members of the NHRC and SHRCs for a
period of five years. The Bill removes the five-year limit for reappointment.
Powers of Secretary-General:

 The Act provides for a Secretary-General of the NHRC and a Secretary of a SHRC, who
exercise powers as may be delegated to them. The Bill amends this and allows the
Secretary-General and Secretary to exercise all administrative and financial powers
(except judicial functions), subject to the respective chairperson’s control.

Union Territories:

 The Bill provides that the central government may confer on a SHRC human rights
functions being discharged by Union Territories. Functions relating to human rights in
the case of Delhi will be dealt with by the NHRC.

5.2. Structure and Functions of National and State Human Rights Commissions

The Protection of Human Rights Act, 1993, in India establishes the National Human
Rights Commission (NHRC) at the national level and State Human Rights Commissions
(SHRCs) at the state level. These institutions are tasked with protecting and promoting human
rights in the country. Here's an overview of their structure and functions:

National Human Rights Commission (NHRC):

1. Structure:

 Chairperson: The NHRC is headed by a Chairperson who is a retired Chief Justice of the
Supreme Court of India.
 Members: The NHRC consists of members, including a serving or retired judge of the
Supreme Court, a serving or retired Chief Justice of a High Court, and two individuals
with knowledge or practical experience in matters relating to human rights.

2. Functions:

 Investigation: The NHRC investigates complaints of human rights violations, suo motu if
necessary, and takes appropriate action.
 Inquiry and Intervention: It can inquire into complaints of violations, visit places of
detention, and intervene in legal proceedings on behalf of the victims.
  Recommendations: The NHRC can recommend compensation or other measures for
victims of human rights violations.
 Awareness and Promotion: It promotes human rights awareness through education,
research, and publications.

3. Powers:

 Civil Court Powers: The NHRC has the powers of a civil court, including summoning
witnesses, examining documents, and issuing commissions for the examination of
witnesses.
 Autonomous Investigations: It can conduct autonomous investigations into incidents of
human rights violations.

4. Reporting:

 Annual Reports: The NHRC submits annual reports to the central government, which are
also tabled in Parliament, highlighting the human rights situation in the country.

State Human Rights Commissions (SHRCs):

1. Structure:

 Chairperson: SHRCs are headed by a Chairperson who is a retired Chief Justice of a High
Court.
 Members: Similar to the NHRC, SHRCs include members, such as a sitting or retired
judge of the High Court and individuals with expertise in human rights.

2. Functions:

 Complaint Redressal: SHRCs address complaints related to human rights violations at the
state level.
 Inquiry and Intervention: Similar to the NHRC, SHRCs can conduct inquiries, visit
detention centers, and intervene in legal proceedings.
 Recommendations: SHRCs can recommend compensation or other remedial measures for
victims.
  Awareness and Promotion: They contribute to the promotion of human rights awareness
at the state level.

3. Powers:

 Civil Court Powers: SHRCs have powers similar to those of a civil court, including the
ability to summon witnesses and examine documents.
 Autonomous Investigations: They can independently investigate incidents of human
rights violations within their jurisdiction.

4. Reporting:

Annual Reports: SHRCs submit annual reports to the state government, summarizing their
activities and highlighting human rights issues in the state.

Coordination between NHRC and SHRCs:

1. Review of State Reports:

 The NHRC reviews the reports submitted by SHRCs and may offer recommendations or
guidance.

2. Guidance and Support:

 The NHRC can provide guidance and support to SHRCs, fostering coordination and
collaboration in addressing human rights issues.

3. Common Principles:

 Both NHRC and SHRCs operate based on common principles outlined in the Protection
of Human Rights Act, 1993.

The NHRC and SHRCs collectively contribute to the protection and promotion of human rights
in India, addressing violations and ensuring accountability at both national and state levels. Their
combined efforts aim to create a society where human rights are respected, protected, and
upheld.

5.3. National Commission for SCs

 The National Commission for Scheduled Castes (NCSC) is a constitutional body in India
established to safeguard and promote the rights and interests of Scheduled Castes (SCs), which
are historically, marginalized communities facing social and economic disadvantages. The
commission operates under the provisions of Article 338 of the Indian Constitution and the
Protection of Civil Rights Act, 1955.

Structure and Composition:

1. Chairperson:

 The NCSC is headed by a Chairperson who is appointed by the President of India. The
Chairperson is usually a person who has held a judicial office or has been a judge of a
high court.

2. Members:

 The commission consists of a Vice-Chairperson and three other members, each appointed
by the President of India.

3. Tenure:

 The Chairperson and members hold office for a fixed term, and their tenure is determined
by the President.

Functions and Responsibilities:

The National Commission for Scheduled Castes has the following key functions:

1. Investigation and Inquiry:

 The NCSC investigates specific complaints and matters related to the deprivation of
rights and safeguards of Scheduled Castes.

2. Monitoring Implementation:

 The commission monitors the implementation of constitutional and legal safeguards for
SCs and suggests measures for their effective enforcement.
3. Recommendations and Advice:

 The NCSC provides recommendations and advice to the President, the government, and
the Parliament on issues related to the welfare and development of SCs.

4. Review of Legislation:

 The commission reviews and examines existing and proposed legislation affecting the
rights and safeguards of SCs and recommends necessary amendments.

5. Social and Economic Conditions:

 It studies the socio-economic conditions of SCs and evaluates the impact of

developmental programs on them.

6. Public Awareness:

 The NCSC works towards promoting public awareness and understanding of the rights
and safeguards available to SCs.

7. Annual Reports:

 The commission submits annual and special reports to the President, which are then laid
before Parliament. These reports provide insights into the functioning of the NCSC and
the status of SCs in the country.

Powers:

1. Investigatory Powers:

 The NCSC has the powers of a civil court while investigating complaints. It can summon
and enforce attendance of witnesses, receive evidence on affidavits, and requisition
public records or copies from any court or office.

2. Recommendatory Powers:

 The commission's recommendations, while not binding, carry significant weight. The
concerned authorities are expected to give due consideration to the recommendations
made by the NCSC.
Challenges and Criticisms:

1. Implementation Challenges:

 The NCSC faces challenges in ensuring the effective implementation of its

recommendations and policies at the ground level.

2. Resource Constraints:

 Limited resources and infrastructure can sometimes hinder the commission's ability to
carry out its functions comprehensively.

3. Wider Socio-Economic Issues:

 The socio-economic conditions of SCs are deeply embedded in broader societal issues,
making it a complex challenge to address through policy measures alone.

The National Commission for Scheduled Castes plays a crucial role in advocating for the rights
and welfare of Scheduled Castes in India. By investigating complaints, making
recommendations, and monitoring the implementation of safeguards, the commission contributes
to the promotion of social justice and equity for marginalized communities.

5.4. National Commission for STs

The National Commission for Scheduled Tribes (NCST) is a constitutional body in India
that was established to safeguard and promote the rights and interests of Scheduled Tribes (STs),
which are historically marginalized communities facing social, economic, and political
disadvantages. The commission operates under the provisions of Article 338A of the Indian
Constitution and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989.

Structure and Composition:

1. Chairperson:

 The NCST is headed by a Chairperson who is appointed by the President of India. The
Chairperson is usually a person who has held a judicial office or has been a judge of a
high court.
2. Members:

 The commission consists of a Vice-Chairperson and three other members, each appointed
by the President of India.

Tenure:

 The Chairperson and members hold office for a fixed term, and their tenure is determined
by the President.

Functions and Responsibilities:

The National Commission for Scheduled Tribes has the following key functions:

1. Investigation and Inquiry:

 The NCST investigates specific complaints and matters related to the deprivation of
rights and safeguards of Scheduled Tribes.

2. Monitoring Implementation:

 The commission monitors the implementation of constitutional and legal safeguards for
STs and suggests measures for their effective enforcement.

3. Recommendations and Advice:

 The NCST provides recommendations and advice to the President, the government, and
the Parliament on issues related to the welfare and development of STs.

4. Review of Legislation:

 The commission reviews and examines existing and proposed legislation affecting the
rights and safeguards of STs and recommends necessary amendments.

5. Social and Economic Conditions:

 It studies the socio-economic conditions of STs and evaluates the impact of

developmental programs on them.

6. Public Awareness:
  The NCST works towards promoting public awareness and understanding of the rights
and safeguards available to STs.

7. Annual Reports:

 The commission submits annual and special reports to the President, which are then laid
before Parliament. These reports provide insights into the functioning of the NCST and
the status of STs in the country.

Powers:

1. Investigatory Powers:

 The NCST has the powers of a civil court while investigating complaints. It can summon
and enforce attendance of witnesses, receive evidence on affidavits, and requisition
public records or copies from any court or office.

2. Recommendatory Powers:

 The commission's recommendations, while not binding, carry significant weight. The
concerned authorities are expected to give due consideration to the recommendations
made by the NCST.

Challenges and Criticisms:

1. Implementation Challenges:

 The NCST faces challenges in ensuring the effective implementation of its

recommendations and policies at the ground level.

2. Resource Constraints:

 Limited resources and infrastructure can sometimes hinder the commission's ability to
carry out its functions comprehensively.

3. Complexity of Issues:

 The socio-economic conditions of STs are complex and deeply intertwined with broader
issues, making it challenging to address their concerns through policy measures alone.
The National Commission for Scheduled Tribes plays a crucial role in advocating for the rights
and welfare of Scheduled Tribes in India. By investigating complaints, making
recommendations, and monitoring the implementation of safeguards, the commission contributes
to the promotion of social justice and equity for marginalized communities.

5.5. National Commission for Women

The National Commission for Women (NCW) is a statutory body in India established to
safeguard and promote the rights and interests of women. The commission was constituted under
the National Commission for Women Act, 1990, which came into existence on January 31, 1992.
The primary goal of the NCW is to work towards ensuring gender equality and addressing issues
related to the violation of women's rights.

Structure and Composition:

1. Chairperson:

 The NCW is headed by a Chairperson who is appointed by the President of India. The
Chairperson is usually a woman with experience in public affairs or social work.

2. Members:

 The commission consists of a Vice-Chairperson and five other members, all of whom are
appointed by the President.

3. Tenure:

 The Chairperson and members hold office for a fixed term, and their tenure is determined
by the President.

Functions and Responsibilities:

The National Commission for Women has the following key functions:

1. Investigation and Inquiry:

 The NCW investigates and inquires into specific complaints of atrocities and grievances
against women.
2. Safeguarding Rights:

 It works towards the effective implementation of existing laws and safeguards designed
to protect the rights of women.

3. Research and Advocacy:

 The NCW engages in research and documentation related to issues affecting women and
recommends measures for their amelioration.

4. Legal Support:

 The commission provides legal support to women who have been victims of violence or
injustice.

5. Awareness and Education:

 The NCW promotes awareness and educates the public about the rights of women
through various programs and initiatives.

6. Policy Recommendations:

 It recommends policies and legislative measures to the government for the empowerment
and welfare of women.

7. Suo Motu Actions:

 The NCW can take suo motu actions (on its own motion) in matters of public interest or
concern related to women's rights.

Powers:

1. Investigatory Powers:

 The NCW has powers similar to that of a civil court. It can summon and enforce the
attendance of witnesses, receive evidence, and requisition public records.

2. Recommendatory Powers:

 While the recommendations made by the NCW are not binding, they are influential and
are expected to be considered by the concerned authorities.
3. Intervention in Legal Proceedings:

 The commission can intervene in any proceeding involving any allegation of the violation
of women's rights before a court with the permission of such a court.

Challenges and Criticisms:

1. Implementation Challenges:

 Like other commissions, the NCW faces challenges in ensuring the effective
implementation of its recommendations and policies at the ground level.

2. Resource Constraints:

 Limited resources and infrastructure can sometimes hinder the commission's ability to
carry out its functions comprehensively.

3. Need for Increased Powers:

 Some critics argue that the NCW should be given more powers, including the ability to
impose penalties, to enhance its efficacy.

The National Commission for Women plays a pivotal role in advocating for the rights of women
and addressing issues related to gender-based discrimination and violence. It acts as a vital
institution in India's commitment to gender equality and the protection of women's rights.

5.6. National Commission for Minorities

The National Commission for Minorities (NCM) is a statutory body in India that was
established to safeguard and protect the rights and interests of minority communities in the
country. The commission was constituted under the National Commission for Minorities Act,
1992. The primary focus of the NCM is to address the socio-economic, educational, and cultural
concerns of minority communities and promote their rights and welfare.

Structure and Composition:

1. Chairperson:
  The NCM is headed by a Chairperson, who is appointed by the President of India. The
Chairperson is usually a member of a minority community who has held a judicial office
or has been a judge of a high court.

2. Members:

 The commission consists of a Vice-Chairperson and five other members, all of whom are
appointed by the President. The members represent different minority communities.

3. Tenure:

 The Chairperson and members hold office for a fixed term, and their tenure is determined
by the President.

Functions and Responsibilities:

The National Commission for Minorities has the following key functions:

1. Safeguarding Rights:

 The NCM works towards safeguarding and protecting the rights and interests of minority
communities, including religious, linguistic, and cultural rights.

2. Investigation and Inquiry:

 The commission investigates specific complaints and matters related to the deprivation of
rights and safeguards of minorities.

3. Recommendations:

 It recommends to the government steps to be taken for the effective implementation of

policies and programs for the welfare of minority communities.

4. Monitoring Implementation:

 The NCM monitors the implementation of constitutional and legal safeguards for
minorities and suggests measures for their effective enforcement.

5. Research and Advocacy:

  The commission engages in research and documentation related to issues affecting
minority communities and recommends measures for their amelioration.

6. Educational and Socio-Economic Development:

 The NCM works towards the educational and socio-economic development of minority
communities.

7. Promotion of Cultural Heritage:

 It promotes and preserves the rich cultural heritage of minority communities.

8. Advisory Role:

 The NCM serves as an advisory body to the Central and State governments on minority-
related issues.

Powers:

1. Investigatory Powers:

 The NCM has powers similar to that of a civil court. It can summon and enforce the
attendance of witnesses, receive evidence, and requisition public records.

2. Recommendatory Powers:

 The recommendations made by the NCM are not binding, but they are influential and are
expected to be considered by the concerned authorities.

3. Monitoring Powers:

 The commission has the authority to monitor the implementation of policies and
programs for the welfare of minority communities.

Challenges and Criticisms:

1. Implementation Challenges:

 Like other commissions, the NCM faces challenges in ensuring the effective
implementation of its recommendations and policies at the ground level.
2. Resource Constraints:

 Limited resources and infrastructure can sometimes hinder the commission's ability to
carry out its functions comprehensively.

3. Need for Increased Powers:

 Some critics argue that the NCM should be given more powers, including the ability to
impose penalties, to enhance its efficacy.

The National Commission for Minorities plays a crucial role in advocating for the rights and
welfare of minority communities in India. By investigating complaints, making
recommendations, and monitoring the implementation of safeguards, the commission contributes
to the promotion of social justice and equity for these communities.

5.7. Characteristics and Objectives of Human Rights Education

Human Rights Education (HRE) is a vital component of education that seeks to promote
an understanding of human rights principles, values, and practices. It aims to empower
individuals to be informed, active, and responsible global citizens who respect and promote
human rights. The characteristics and objectives of Human Rights Education are multifaceted
and encompass a range of principles and goals:

Characteristics of Human Rights Education:

1. Universal and Inclusive:

 HRE is based on the principles of universality and inclusivity, emphasizing that human
rights apply to all individuals regardless of race, gender, religion, ethnicity, or other
characteristics.

2. Holistic Approach:

 HRE adopts a holistic approach, integrating human rights principles across various
subjects and disciplines rather than treating them as isolated topics.

3. Participatory Learning:
  HRE encourages participatory and experiential learning methods, involving students
actively in discussions, role-playing, case studies, and projects to enhance their
understanding and critical thinking skills.

4. Rights-Based Approach:

 It takes a rights-based approach, focusing on empowering individuals to know, claim, and

defend their rights, as well as promoting the principles of dignity, equality, and non-
discrimination.

5. Promotion of Values:

 HRE promotes core values such as respect, empathy, tolerance, and social responsibility.
It aims to foster a culture of human rights within communities and societies.

6. Skills Development:

 Beyond knowledge, HRE aims to develop skills such as critical thinking, communication,
and conflict resolution, empowering individuals to actively engage in the protection and
promotion of human rights.

7. Global Perspective:

 HRE encourages a global perspective, fostering an understanding of the

interconnectedness of human rights issues across the world and promoting a sense of
global citizenship.

8. Culturally Sensitive:

 HRE respects cultural diversity and seeks to integrate human rights principles in a
manner that is culturally sensitive, acknowledging and valuing diverse perspectives.

Objectives of Human Rights Education:

1. Awareness and Understanding:

 To increase awareness and understanding of human rights principles, values, and

instruments among individuals, communities, and societies.
2. Promotion of Human Dignity:

 To instill a sense of respect for human dignity and the inherent worth of every individual,
irrespective of differences.

3. Empowerment:

 To empower individuals to recognize and claim their rights, as well as to advocate for the
rights of others, particularly those who are marginalized or vulnerable.

4. Prevention of Discrimination:

 To contribute to the prevention of discrimination, prejudice, and violence by promoting

the principles of equality, non-discrimination, and social justice.

5. Critical Thinking and Analysis:

 To develop critical thinking skills and the ability to analyze and address human rights
violations and challenges in different contexts.

6. Active Citizenship:

 To foster the development of responsible and active citizens who contribute to the
creation of inclusive, just, and democratic societies.

7. Conflict Resolution:

 To equip individuals with skills for peaceful conflict resolution, dialogue, and mediation,
contributing to the prevention of violence and human rights abuses.

8. Integration into Formal and Informal Education:

 To integrate human rights education into formal educational curricula, as well as informal
and lifelong learning settings.

9. Promotion of Values and Ethical Behavior:

 To promote ethical behavior, values, and a sense of responsibility towards the well-being
of others, both locally and globally.

10. Sustainable Development:

  To contribute to the achievement of sustainable development goals by fostering an
understanding of the interdependence between human rights, social justice, and
sustainable development.

Human Rights Education serves as a crucial tool for creating a culture of respect for human
rights, promoting social cohesion, and building a foundation for more just and equitable
societies.