CHAPTER 7

HUMAN RIGHTS

7.1. Introduction to human rights -meaning, concept, development

Human right means "the basic rights and freedom to which all humans are entitled".

All human beings are born free and equal in dignity and rights. Irrespective of his or her race,
nationality, caste or gender, it recognize the dignity inherent in each person as a human being. The
Oxford English Dictionary defines a right as “a justifiable claim, on legal or moral grounds, to have
or obtain something, or act in a certain way”. The notion of human rights in the 20th century extended
the idea of individual rights to include all human beings, regardless of citizenship or state affiliation.

Human rights include civil and political rights, such as:

• The right to life, freedom, and property

• Freedom of expression
• Quest of happiness and equality before the law
• Social, cultural and economic rights, including the right to participate in science and culture,
the right to work, and the right to education etc.

The primary element consistent throughout each of the above definitions is “Universality” - human
rights are unchallengeable.

7.1.1. Development of Human Rights: Natural law to Human Rights

Human rights are considered the offspring of natural rights, which themselves progressed from the
concept of natural law. Natural law is a standard of higher-order morality against which all other laws
are ruled. It provided a basis for curbing excessive power of state over society. Eventually this
concept of natural law evolved into natural rights; this change reflected a shift in emphasis from
society to the individual.

John Locke, a famous Philosopher, in his Second Treatise on Government (1690), states that “prior to
the creation of society each person possessed a set of natural rights including the rights to life, liberty
and property.” Locke’s principles were adopted by the founding fathers of the United States in the
Universal Declaration of Independence (1776). To secure rights such as life, liberty and the pursuit of
happiness, governments are instituted among men, deriving their just powers from the consent of the
governed. These principles were further expounded and enshrined in the U.S. Constitution (1787) and
Bill of Rights (1789).

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A series of international human rights treaties and other instruments adopted since 1945 have
expanded the body of international human rights law. The Universal Declaration of Human Rights
(1948) was the first legal document protecting universal human rights.

The Universal Declaration of Human Rights, International Agreement on Civil and Political Rights
and the International Agreement on Economic, Social and Cultural Rights were the three instruments
which form the so-called International Bill of Human Rights.

7.1.2. Three Generations of Human Rights (Civil and Political Rights, Economic, Social and
Cultural Rights).

The division of three generations of human rights was introduced by a Czech Jurist, KarelVasakin
1979. The three categories fall in line with the three doctrines of the French Revolution such as:
liberty, equality, and fraternity.

The three generations of human rights divisions are:

• Civil-Political (First-generation )
• Socio-economic (Second-generation)
• Collective-developmental (Third-generation)

Collective-
Civil-Political Socio-economic
developmental

First-generation, “civil-political” rights deal with liberty and participation in political life.
They are strongly individualistic and constructed to protect the individual from the state.
These rights draw from the United States Bill of Rights and the Declaration of the Rights of
Man and Citizen in the 18th century.
Second-generation, “socio-economic” human rights guarantee equal conditions and
treatment. They are not rights directly possessed by individuals but constitute positive duties
upon the government to respect and fulfil them. It began to be recognized by governments
after World War II and, like first-generation rights, is embodied in Articles 22 to 27 of the
Universal Declaration. They are also enumerated in the International Agreement on
Economic, Social, and Cultural Rights.
Third-generation, “collective-developmental” rights of peoples aligns with the final principle
of “fraternity.” They constitute a broad class of rights and that have gained acknowledgment
in international agreements and treaties (Twiss, 2004). They have been expressed largely in
documents advancing aspirational “soft law” such as the 1992 Rio Declaration on
Environment and Development, and the 1994 Draft Declaration of Indigenous Peoples’
Rights.

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 In short, the first two represent the potential claims of individual persons against the state and
its norms accepted in international treaties and conventions. The third type, which represents
potential claims of peoples and groups against the state and it lacks both legal and political
recognition.

Each of these types includes two further subtypes.

Sub type of Civil-Political human rights:

• Norms relating to physical and civil security (for example, equality before the law, no torture,
slavery, inhumane treatment, uninformed arrest etc)
• Norms relating to civil-political liberties or empowerments (for example, freedom of thought,
conscience, and religion, political participation in one’s society ,freedom of assembly and
voluntary association etc).

Sub type of Socio-economic human rights:

• Norms relating to the provision of goods to meet social needs (for example, shelter, health
care, nutrition, education etc)
• Norms relating to the provision of goods to meet economic needs (for example, minimum
standard of living, work and fair wages, a social security net etc)

Sub type of Collective-developmental human rights:

• The self-determination of people (for example, Political status of people and their economic,
social, and cultural development etc)
• Special rights to certain national and religious minorities (for example, to the enjoyment of
their own cultures, languages, and religions etc).

The framework of three generations covers many of the key debates about the nature of rights. It also
encourages us to take a critical approach in challenging our own assumptions about rights as we begin
to think about some of the real-world problems involved in the application of human rights.

7.2. HUMAN RIGHTS AND UNITED NATIONS

“Human right means rights inherent to all human beings, whatever our nationality, place of
residence, sex, national or ethnic origin, colour, religion, language, or any other status”- The
United Nations Office of the High Commissioner for Human Rights.

7.2.1. Protecting human rights: Role of UN offices

The Charter of the United Nations was signed on 26th June 1945 and came into force on 24th October
[Link] UN Charter expressed a commitment to uphold human rights of citizens and outlined a set
of principles relating to achieving ‘higher standards of living’, addressing ‘economic, social, health,
and related problems,’ and universal respect for, and observance of, human rights and fundamental

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freedoms for all without any distinction such as race, sex, language, or [Link] Statute of the
International Court of Justice is an integral part of the Charter.

Main Bodies of UN system includes:

• General Assembly
• Security Council
• Economic and Social Council
• Trusteeship Council
UN Organisations:
• International Court of Justice
UNESCO (4th November 1946).It helps in
• Secretariat
advancing cooperation in education, sciences,
In UN System, the Office of the UN High culture, communication and information when
Commissioner for Human Rights (OHCHR) has societies across the world face the rising
lead responsibility for the promotion and protection pressures of change and the international
of human rights. The office supports the human community faces new challenges.
rights components of peace keeping missions in UNICEF( 11th December 1946).It provide
several countries, and has many regional offices emergency food and healthcare to children in
and centres in different countries. countries that had been devastated by World
• The Human Rights Council replaced the War [Link] believes that “All children have a
UN Commission on Human Rights in right to survive, thrive and fulfill their
2006 and it is a key independent UN potential – to the benefit of a better world”.
intergovernmental body responsible for WHO ( 7th April 1948) .The organisation is
human rights. concerned with international public health.
• The UN Development Group’s Human WHO works worldwide to promote health,
Rights Mainstreaming Mechanism (UNDG- keep the world safe, and to serve the
HRM) also advances human rights vulnerable.
mainstreaming efforts within the UN ILO (1946).It sets international labour
development system. standards and promotes social protection and
• The UN Security Council deals with grave work opportunities for all.
human rights violations, often in conflict areas.
• The General Assembly’s Third Committee (Social, Humanitarian and Cultural) also examines
a range of issues, including human rights questions. The Committee discusses questions
relating to the advancement of women, the protection of children, indigenous issues, the
treatment of refugees, the promotion of fundamental freedoms through the elimination of
racism and racial discrimination, and the right to self-determination.

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 Various other UN intergovernmental bodies and interdepartmental mechanisms address a range of
human rights issues. Human rights issues are also addressed in the context of the post-conflict UN
peace building support activities.

• The ‘Human Rights Up Front’ is an initiative by the UN Secretary-General to take early and
effective action to prevent /respond to serious and large-scale violations of human rights or
international humanitarian law.
• The United Nations Permanent Forum on Indigenous Issues (UNPFII), an advisory body to
the Economic and Social Council, has a mandate to discuss indigenous issues, including
human rights.
• The Commission on the Status of Women (CSW) is the principal global intergovernmental
body to ensure the promotion of gender equality and the advancement of women rights. UN
Women, established in 2010, serves as its Secretariat.

7.2.2. Main Human Right Related Organs (UNESCO,UNICEF,WHO,ILO)

I. UNESCO (United Nations Educational, Scientific and Cultural Organization)

UNESCO is a specialized agency of the United Nations (UN) based in Paris and established on
4th November 1946. It helps in advancing cooperation in education, sciences, culture,
communication and information when societies across the world face the rising pressures of
change and the international community faces new challenges. It’s duty remains to reaffirm the
humanist missions of education, science and culture. Its seeks to build peace through international
cooperation in education, sciences and culture. UNESCO's programmes contribute to the
achievement of the Sustainable Development Goals defined in Agenda 2030, adopted by the UN
General Assembly in 2015. UNESCO has a unique role to play in strengthening the foundations
of lasting peace and equitable and sustainable development.

Functions:
1. Develops educational tools to help people.
2. Fosters scientific programmes and policies for development and cooperation.
3. Strengthens bonds among nations, promoting cultural heritage and the equal dignity of all
culture.
4. Works for access to quality education to all citizens.
5. Stands up for freedom of expression, as a fundamental right and a key condition for
democracy and development.
6. Helps countries to adopt international standards and manages programmes that foster the free
flow of ideas and knowledge sharing.

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II. UNICEF (The United Nations International Children's Emergency Fund)

UNICEF was created by the United Nations General Assembly on 11thDecember 1946 , to provide
emergency food and healthcare to children in countries that had been devastated by World War II. In
1950, UNICEF's mandate was extended to address the long-term needs of children and women in
developing countries everywhere. It believes that “All children have a right to survive, thrive and
fulfil their potential – to the benefit of a better world”. UNICEF headquarters in New York. It works
in 190 countries and territories to save children’s lives, to defend their rights, and to help them fulfil
their potential, from early childhood through adolescence. For the past 73 years, UNICEF has worked
to improve the lives of children and their families.

Functions:

1. It fights for the rights of every child seeking safe shelter, nutrition, protection from disaster
and conflicts, and equality.
2. It works with partner countries around the world to promote policies and expand access to
services that protect all children.
3. It helps to reduce child mortality all over the world by working to reach the most vulnerable
children, everywhere.
4. It works around the world to support quality learning for every girl and boy, especially those
in greatest danger of being left behind.
5. It works to reach children and families who need lifesaving aid and long-term assistance.
6. Works all over the world to empower girls and women, and to ensure their full participation
in political, social, and economic systems.
7. Works with partners in every sector to co-create innovative solutions that accelerate progress
for children and young people.
8. It delivers sustainable access to lifesaving supplies where they are most needed, accelerating
results for the most vulnerable children.

III. WHO (The World Health Organization)

WHO is a specialized agency of the United Nations concerned with international public health. It was
established on 7thApril 1948, and its headquarter is in Geneva, Switzerland. WHO works worldwide
to promote health, keep the world safe, and to serve the vulnerable. The WHO is a member of the
United Nations Development Group.

The constitution of the WHO was signed by 61 countries on 22nd July [Link] its establishment, it
has played a leading role in the eradication of various communicable diseases such as smallpox,
malaria etc. It ensures Universal Health Coverage and tries to protect people from health emergencies
and provides people with better health and [Link] defines health as “a state of complete

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physical, mental and social well-being and not merely the absence of disease or infirmity” and the
enjoyment of the highest attainable standard of health is one of the fundamental rights of every human
being without distinction of race, religion, political belief, economic or social condition. In the
Sustainable Development Goals, all countries have committed to achieving Universal Health
Coverage (UHC) by [Link] have a responsibility for the health of their peoples which can
be fulfilled only by the provision of adequate health and social measures.
WHO’s priorities include:
1. Strive to combat communicable diseases, in particular HIV/AIDS, Corona Virus
(Covid 19), Ebola, malaria and tuberculosis; and non-communicable diseases like
cancer and heart disease.
2. Mitigation of the effects of non-communicable diseases such as sexual and
reproductive health.
3. For Universal Health Coverage, WHO focus is on primary health care to improve
access to quality essential services.
4. WHO helps mothers and children to survive and thrive so that they can look forward to
a healthy old age.
5. It ensures the safety of the air people breathe, the food they eat, the water they drink
and the medicines and vaccines they need.
6. It works towards sustainable financing and financial protection to improve access to
essential medicines and health product.
7. Detects and responds to acute health emergencies. For health emergencies, WHO
identifies, mitigates and manages risks, prevent emergencies and support development
of tools necessary during outbreaks.
8. Supports by delivery of essential health services in fragile settings.
9. Publishes the World Health Report, a worldwide World Health Survey, and celebrates
World Health Day on 7th April.

IV. ILO (The International Labour Organization)

ILO is a United Nations agency that sets international labour standards and promotes social protection
and work opportunities for all. The ILO was established as an agency of the League of Nations
following World War I, in 1919, to pursue a vision-based idea that the universal lasting peace can be
established only if it is based on social justice. The ILO became the first specialized agency of the UN
in 1946 and its headquarters in Geneva, Switzerland.
ILO is the only tripartite U.N. agency, brings together governments, employers and workers to seta
system of international labour standards, develop policies and devise programmes for promoting

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decent work for all women and men.187 member States joined in ILO. The International Labour
Office is the permanent secretariat of the ILO.

In 1969, the organization received the Nobel Peace Prize for improving fraternity and peace among
nations, pursuing decent work and justice for workers, and providing technical assistance to other
developing nations. The ILO is devoted to promoting social justice and internationally recognized
human and labour rights.

The main goals of the ILO are:

• Set and promote work standards and fundamental principles.
• To promote rights at work.
• Create greater opportunities for women and men to decent employment and income.
• Enhance the coverage and effectiveness of social protection for all and strengthen dialogue on
work-related issues.
• It gives equal voice to workers, employers and governments to ensure that the views of the
social partners are closely reflected in labour standards and in shaping policies and
programmes.
• Promotes social dialogue between trade unions and employers in formulating, implementing
national policy on social, economic, and many other issues.
• To protect the right of labours for fixing minimum wage. ILO has created various minimum
wages act including minimum wage law of 1970.

7.2.3. Declarations for Women and Children

In 1974, UN adopted the Declaration on the Protection of Women and Children in Emergency and
Armed Conflict. It was proposed by the United Nations Economic and Social Council, on the grounds
that women and children are often the victims of wars, civil unrest, and other emergency situations
that cause them to suffer "inhuman acts and consequently suffer serious harm". The Declaration states
that women and children suffer victimization during armed conflict due to "suppression, aggression,
colonialism, racism, alien domination and foreign subjugation".

Main Points in the declaration:

• The Declaration specifically prohibits attacks and bombing of civilian populations (Article 1)
and the use of chemical and biological weapons on civilian populations (Article 2).

• Article 3 of Declaration states to abide by the Geneva Protocol of 1925 and the Geneva
Convention of 1949. The Geneva Conventions proposed some rules that seek to protect
people who are not or are no longer taking part in conflicts.

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 • The Declaration also states that countries take measures to end "persecution, torture, punitive
measures, degrading treatment and violence" especially when they are targeted against
women and children, as well as recognizing "imprisonment, torture, shooting, mass arrests,
collective punishment, destruction of dwellings, and forcible evictions" as criminal acts.

• Certain rights are also protected in the Declaration, such as access to food, shelter, and
medical care, which are to be provided to women and children caught in emergency
situations.

7.2.4. The Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a historic document that was adopted by the
United Nations General Assembly on 10thDecember [Link] Universal Declaration of Human
Rights was the first legal document protecting Universal Human Rights.

It drafted by representatives with

different legal and cultural backgrounds
from all regions of the world with the
objective of protection of fundamental
rights universally. The power of the
Universal Declaration is the power of
ideas to change the world. It ensures all
people freedom, equality and dignity.
The Declaration was the first step in the
process of formulating the International
Bill of Human Rights, which was
completed in 1966, and came into force in
1976. One of the three instruments of
International Bill of Human Rights was
the Universal Declaration of Human
Rights.

The Universal Declaration of Human

Rights consists of 30 articles confirming
an individual's rights. They are pointed in
the Box.7.1.

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Box 7.1. The Universal Declaration of Human Rights 30 Articles:
1. Free and equal in dignity and rights
2. Freedom from discrimination
3. Right to life, liberty and security of person
4. Freedom from slavery
5. Freedom from torture
6. Right to recognition before the law
7. Right to equality before the law
8. Access to justice
9. Freedom from arbitrary detention or exile
10. Right to a fair trial by an independent and impartial tribunal
11. Presumption of innocence -Everyone charged with a penal offence has the right to be
presumed innocent until proved guilty according to law in a public trial at which he has had
all the guarantees necessary for his defence.
12. Right to privacy
13. Freedom of movement-1) Everyone has the right to freedom of movement and residence
within the borders of each state. (2) Everyone has the right to leave any country, including his
own, and to return to his country.
14. Right to asylum -Everyone has the right to seek and to enjoy in other countries asylum from
persecution.
15. Right to nationality
16. Right to marry- Men and women of full age, without any limitation due to race, nationality or
religion, have the right to marry and to found a family. They are entitled to equal rights as to
marriage, during marriage and at its dissolution.
17. Right to own property
18. Freedom of religion or belief- Everyone has the right to freedom of thought, conscience and
religion; this right includes freedom to change his religion or belief, and freedom, either alone
or in community with others and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.
19. Freedom of opinion and expression
20. Freedom of peaceful assembly and association
21. Right to partake in public affairs
22. Right to social security-and is entitled to realization, through national effort and international
co-operation and in accordance with the organization and resources of each State, of the
economic, social and cultural rights indispensable for his dignity and the free development of
his personality.
23. Right to work, to free choice of employment, to just and favourable conditions of work and to
protection against unemployment.
24. Right to leisure and rest
25. Right to adequate standard of living
26. Right to education -Education shall be free, at least in the elementary and fundamental stages
27. Right to take part in cultural, artistic and scientific life
28. Right to a free and fair world
29. Duty to your community in which alone the free and full development of his personality is
possible.
30. Rights are inalienable- Nothing in this Declaration may be interpreted as implying for any
State, group or person any right to engage146 in any activity or to perform any act aimed at the
destruction of any of the rights and freedoms set forth herein.
7.3. HUMAN RIGHTS IN INDIA

7.3.1. Fundamental Rights and Indian Constitution

The Constitution of India is the highest law of India. The

document lays down the framework defining fundamental
powers, structure, political code, procedures and duties of Fundamental Rights
government institutions. Dr. B. R. Ambedkar, Chairman of the
Fundamental rights are provided in
drafting committee, is widely considered to be its chief architect. Part III of the Indian Constitution.
The Constitution declares India a sovereign, socialist, secular, The Constitution guarantees six
democratic republic, assuring its citizens justice, equality and
fundamental rights to Indian
citizens.
liberty and endeavours to promote fraternity.
Right to Right to freedom
Rights are claims that are essential for the existence and equality of religion
development of individuals. The rights which are recognized by Right to Cultural and
freedom educational rights
the State(includes the Government and Parliament of India and Right against Right to
the Government and the Legislature of each of the States and all exploitation constitutional
local or other authorities within the territory of India or under
remedies

the control of the Government of India) and protected in

the Constitution are called fundamental rights.

The Fundamental Rights are defined as the basic human rights of all citizens and applied irrespective
of race, place of birth, religion, caste, creed, or gender. These rights are fundamental because of two
reasons:

1) These are mentioned in the Constitution of India which guarantees them.

2) These are justiciable, i.e. enforceable through courts.

The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are
sections of the Constitution of India that recommend the fundamental obligations of the states to
its citizens and the duties and the rights of the citizens to the State.

Fundamental rights are provided in Part III of the Indian Constitution. The Constitution
guarantees six fundamental rights to Indian citizens as follows:

i) Right to equality
ii) Right to freedom
iii) Right against exploitation
iv) Right to freedom of religion
v) Cultural and educational rights, and
vi) Right to constitutional remedies.

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Right to equality Right to freedom Right against exploitation:
Equality before law. Protection of certain rights regarding Prohibition of traffic in human
freedom of speech, expression etc. beings and forced labour.
Prohibition of discrimination on
grounds of religion, race, caste, sex Protection in respect of conviction Prohibition of employment of
or place of birth. for offences. children in factories, etc.
Equality of opportunity in matters of Protection of life and personal
public employment. liberty.

Abolition of Untouchability. Right to education.

Abolition of titles. Protection against arrest and

detention in certain cases.

Right to freedom of religion Right to constitutional remedies

Freedom of conscience and free profession, Remedies for enforcement of rights
practice and propagation of religion. conferred by this Part.
Power of Parliament to modify the
Freedom to manage religious affairs.
rights conferred by this Part in their
Freedom as to payment of taxes for
application to Forces, etc.
promotion of any particular religion.
Restriction on rights conferred by
Freedom as to attendance at religious
this Part while martial law is in force
instruction or religious worship in certain
in any area.
educational institutions.
Legislation to give effect to the
provisions of this Part.

Cultural and Educational

rights
Protection of interests of
minorities.
Right of minorities to establish and
administer educational institutions.

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 Originally, there were 7 Fundamental Rights in the Constitution. There was the Right to Property
also besides above 6 rights. Since 1978, it was removed from the list of Fundamental Rights by
44th constitutional amendment. The right to property is still a Constitutionally recognised right,
but is now considered outside the Part on Fundamental Rights.
India with its Federal structure has National Commission for Protection of Human Rights
(NCPHR) at the Centre and State Commission for Protection of Human Rights (SCPHR) at the
state level. There are also offices at district level to protect the human rights.

7.3.2. Rights for Children and Women

The Constitution not only grants equality to women, but also empowers the State to
adopt positive measures in favour of women. The Constitution of India has also taken
care of the children and there are various article in our Constitution to protect the
rights of the children. Each child is having the right to protection from all form of violence. Apart
from the Constitution of India ,the Central and State Government has passed many act to protect
the rights of the women and children. Some of the Constitutional Privileges are as follows:

Constitutional Privileges for Women

• Equality before law for women - Article 14.

• The State not to discriminate against any citizen on grounds only of religion, race, caste,
sex, place of birth or any of them - Article 15 (i).
• The State to make any special provision in favour of women and children -Article 15 (3).
• Equality of opportunity for all citizens in matters relating to employment or appointment
to any office under the State -Article 16.
• The State to direct its policy towards securing for men and women equally the right to an
adequate means of livelihood. Article 39(a).
• Equal pay for equal work for both men and women -Article 39(d).
• Equal justice and free legal aid -Article 39 A.
• The State to make provision for securing just and humane conditions of work and for
maternity relief -Article 42.
• It is the duty of the State to raise the level of nutrition and the standard of living of its
people and to improve public health - Article 47.
• To promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional and to renounce practices derogatory
to the dignity of women -Article 51(A) (e).

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 • Not less than 1/3 (including the number of seats reserved for women belonging to the SC
and ST) of the total number of seats to be filled by direct election in every
Panchayat/Municipalities to be reserved for women and such seats to be allotted by
rotation to different constituencies in a Panchayat- Article 243 D(3), Article 243 T (3)
and not less than 1/3 of the total number of offices of Chairpersons in the Panchayats at
each level to be reserved for women -Article 243 D (4) .

To uphold the Constitutional command, the State has passed various legislative measures to
ensure equal rights, to counter social discrimination and various forms of violence and atrocities
and to provide support services especially to working women. 'Crime against Women' is
punishable under the Indian Penal Code (IPC) and the State has also passed some acts which
have special provisions to safeguard women and their interests such as the Maternity Benefit Act,
1961 (Amended in 1995) , Dowry Prohibition Act, 1961,The Prohibition of Child Marriage Act,
2006, Indecent Representation of Women (Prohibition) Act, 1986 ,Commission of Sati
(Prevention) Act, 1987 ,The Protection of Women from Domestic Violence Act, 2005etc.

7.3.3. Rights for Children:

Human rights of children gives particular attention to the rights of children and protection and
care afforded to minors. On November 20, 1989, the United Nations General Assembly adopted
the Convention on the Rights of the Child, that gives a landmark for human rights of children.

Children's rights includes their right to human identity ,food, equal protection of the child's civil
rights, freedom from discrimination on the basis of the child's race, gender, sexual orientation,
nationality, religion, disability, colour, ethnicity, or other characteristics.

All people under the age of 18 are entitled to the standards and rights guaranteed by the laws that
govern our country and the international legal instruments. The Constitution also provides
provision for early childhood care and education to children below the age of six years. The State
shall endeavour to provide early childhood care and education for all children until they complete
the age of six years.

The Constitution of India guarantees all children certain rights, which includes:

• 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).

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 • 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).
• Right to equality. Rights as equal citizens of India, just as any other adult male or female
- Article 14.
• Right to being protected from being trafficked and forced into bonded labour - Article
23.

Besides the Constitution, there are several laws that specifically apply to children.

• To get proper health services.

• Not to be separated from parents against the will of the child.
• To be cared for by the parents.
• To get basic education in mother tongue.
• To be protected from physical punishment.

7.3.4. Scheduled Castes, Scheduled Tribes , Other Backward Castes and Minorities:

The framers of the Constitution found that certain communities in the country were suffering from
social, educational and economic backwardness due to age-old practice of untouchability,
primitive practices, lack of infrastructure facilities and geographical isolation and they need
special consideration for protection their interests and for their socio-economic development.
These communities were notified as Scheduled Castes and Scheduled Tribes as per provisions
contained in Clause 1 of Articles 341 and 342 of the Constitution respectively.
"Scheduled Castes"(SC) means “such castes, races or tribes or parts of or groups within such
castes, races or tribes as are deemed under article 341 of the Constitution”.

The term 'Scheduled Tribes' (ST)first appeared in the Constitution of India. Scheduled Tribe is
defined as "such tribes or tribal communities or parts of or groups within such tribes or tribal
communities as are deemed under Article 342 of the constitution".

Other Backward Class (OBC) is a collective term used by the Government of India to classify
castes which are educationally or socially disadvantaged. It is one of several official
classifications of the population of India, along with Scheduled Castes and Scheduled Tribes (SCs
and STs). In the Indian Constitution, OBCs are described as "socially and educationally backward
classes".

The deep concern of the framers of the Constitution for the uplift of the Scheduled Castes and
Scheduled Tribes and Other Backward Classes is reflected in the elaborate constitutional
mechanism set-up for their uplift.

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 Directive Principles of State Policy states the State shall promote with special care the educational
and economic interests of the weaker sections of the people, and, in particular, of the Scheduled
Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of
exploitation. There shall be a Commission for the Scheduled Castes to be known as the National
Commission for the Scheduled Castes.
Constitutional Privileges:

Scheduled Castes

1. Fundamental Rights : Abolishes Untouchability-Article 17.

2. Directive Principles of State Policy: Directs state to promote with special care the
educational and economic interests of the weaker sections of the people, and, in particular, of
the SC and STs, and to protect them from social injustice and all forms of exploitation -
Article 46.
3. Public Service Commissions: Special provisions relating to certain classes- Article 320,335
provides that the claims of the members of the SCs and STs shall be taken into consideration,
consistently with the maintenance of efficiency of administration, in the making of
appointments to services and posts in connection with the affairs of the Union or of a State.
4. Special provisions for SC/STs advancement- Article 15(4). Article 16(4A) speaks of
“reservation in matters of promotion to any class or classes of posts in the services under the
State in favour of SCs/STs, which are not adequately represented in the services under the
State”.
5. Political Safeguards: Constitution provides reservation of seats in favour of the SC and ST in
the House of the People and in the legislative assemblies of the States-Article 330,332.
Under Part IX relating to the Panchayats and Part IXA of the Constitution relating to the
Municipalities, reservation for Scheduled Castes and Scheduled Tribes in local bodies has
been envisaged and provided.

Scheduled Tribes

1. Reservation in educational institutions has been provided in Article 15(4) while reservation in
posts and services has been provided in Article 16(4), 16(4A) and 16(4B) of the Constitution.
2. Article 23 which prohibits traffic in human beings and other similar forms of forced labour
has a special significance for Scheduled Tribes. In pursuance of this Article, Parliament has
enacted the Bonded Labour System (Abolition) Act, 1976.
3. Article 24 which prohibits employment of Children below the age of 14 years in any factory
or mine or in any other hazards activity is also significant for Scheduled Tribes as a
substantial portion of child labour engaged in these jobs belong to Scheduled Tribes.

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 4. Constitution provides reservation of Seats for Scheduled Tribes in Panchayats- Article 243D
and Article 330,332.

Other Backward Classes and Minorities

1. Constitution safeguards rights relating to Educational & Public Employment.

2. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
3. Not preventing the State from making any special provision for the advancement of any
socially and educationally backward classes of citizens or for the SC/STs.
4. Equality of opportunity in matters of public employment – There shall be equality of
opportunity for all citizens in matters relating to employment or appointment to any office
under the State.
5. Article 46 of the Constitution provides that the State shall promote with special care the
educational and economic interests of the weaker sections of the society.

Article 338 provides a National Commission for the Scheduled Castes and Scheduled Tribes to
investigate and monitor all matters relating to safeguards provided for them, to inquire into
specific complaints and to participate and advise on the planning process of their socio-economic
development etc and it is known as the National Commission for the Scheduled Castes, National
Commission for the Scheduled Tribes and National Commission for the Other backward classes
respectively. The Ministry of Social Justice & Empowerment is entrusted with the empowerment
of the disadvantaged and marginalized sections of the society. The target groups of the Ministry
are: Scheduled Castes, Other Backward Classes, Senior Citizens, Victims of Substance Abuse,
Denotified, Nomadic and Semi-Nomadic Tribes, Beggars and Transgenders. The Ministry has
been implementing various programmes/schemes for social, educational and economic
development of the target groups.

For the Socio-economic and overall development of the Tribal people, special provisions and
safeguards have been provided in the Constitution of India and some initiative have also been
taken by the Government of India, including Tribal Sub Plan (TSP) strategy. The Tribal Sub Plan
(TSP) strategy was aimed for the rapid socio-economic development of tribal people.

In addition to this various scholarships are provided to the students belonging to the SC,ST and
Other backward classes and minorities to ensure that education is not denied due to the poor
financial condition of their families. Various scheme of assistance also provided to these groups
to finance income generating activities and various acts like the ‘Prohibition of Employment as
Manual Scavengers and their Rehabilitation Act, Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Amendment Act, 2015(Amendment 2016),protection of Civil Rights
rule, incentive for inter-caste marriages, awareness generation, setting up of exclusive Special
courts, etc guaranteed by the constitution.

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7.4. ENVIRONMENT AND HUMAN RIGHTS

7.4.1. Right to Clean Environment and Public Safety

The right to a clean environment is an important concept and it is necessary for public safety. The
conservation of the environment is necessary for the enjoyment of the rights to health, to food, and to
a dignified life. The right to a clean environment is not just an individual right. It is relevant for the
future generations and indigenous people depend on the environment for their existence.
A clean environment is an essential aspect not only for human beings but also for other animals on
the planet. Environmental deterioration can endanger life of not only the present but also future
generations. Article 21 of the Indian Constitution states: 'No person shall be deprived of his life or
personal liberty except according to procedures established by law.' The Supreme Court expanded this
in two ways. Firstly, any law affecting personal liberty should be reasonable, fair and just. Secondly,
the Court recognised several unarticulated liberties that were implied by article 21. It is by this second
method that the Supreme Court interpreted the right to life and personal liberty to include the right to
a clean environment.

The human conference on human environment held at Stockholm in 1972 stated that the “natural
resources of the Earth including air, water, land, flaura and fauna and especially the representative
sample of natural ecosystem must be safeguarded for the benefit of the present and future generations
through careful planning or management as appropriate.” The report on the World Commission on
Environment and Development suggested several legal principles for environmental protection and
sustainable development. ‘Caring for the Earth 1991’ and the ‘Earth Summit’ of 1992 also declared
that human beings are entitled to a healthy and productive life in harmony with nature.

The air we breathe, the water we drink and the place we live in may be polluted with toxic substances.
The tremendous increase in industrial activity during the last few decades and the release of toxic
industrial wastes into the environment, have been of considerable concern in the recent years.

It is now known that the outcome of the human activity in the last 200 years on nature (after the
industrial revolution) is very damaging and disrupts natural phenomena and ecological balance. Many
incidents and issues like the death of thousands of people in Mnamata in Japan after eating fish from
the local Bay (mercury poisoning), ‘Itai-Itai’ disease (due to cadmium pollution), Bhopal gas tragedy
(due to poisonous gas MIC), London smog in 1952, the emergence of new ocean currents like El-
Nino, Global warming, Depletion in Ozone umbrella, the nuclear accidents of Three mile island,
Chernobyl and recently, in Fukushima Japan, have forced mankind to take a second look on the
impact of industries on nature. Thus environmental pollution on one hand and deforestation and
population explosion on the other, are threatening the very existence of life on earth. Hence, to
stimulate awareness of the environment and to enhance political attention and public action United
Nations General Assembly in 1972 established June 5th as World Environment Day.

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Environmental Rights:

The right of individuals to use unspoiled natural resources that enable their survival are called
Environmental Rights. This includes access to land, shelter, food, water and air.

There are many dimensions in the interrelationship between human rights and environmental
protection:

• Human rights obligations of States should include the duty to ensure the level of
environmental protection necessary to allow the full exercise of the rights of the citizens.
• Human rights must be implemented in order to ensure environmental protection.
Some of the basic environmental rights have been listed below:

Substantive Rights ensure the rights to:

• Enjoy a safe, clean and sustainable environment.

• Protection against discrimination and have equal protection of the law, in relation to the
enjoyment of a safe, clean, healthy and sustainable environment.
• Freedom of expression and to seek, receive and impart information and ideas through any
media and regardless of frontiers.
Procedural Rights

• To seek, receive, and impart environmental information.

• To be a participant in decisions about environmental matters.

• To effective legal remedies for violations of these rights.

State Obligations

States have an obligation to protect environmental rights. This involves ensuring the provision of the
above rights as well as the obligations:

• To require the prior assessment of the possible environmental and human rights impacts of
policies and projects.
• To ensure that they comply with their obligations to indigenous peoples and members of
traditional communities.
• To ensure the effective enforcement of their environmental standards against public and private
actors.
Private Sector Obligations

Business houses have a responsibility to respect environmental rights. This means that they should
avoid infringing on the human rights of others and should address adverse human rights impacts,
which they may have caused.

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7.4.2. Issues of Industrial Pollution and Prevention

Industrial pollution is the undesirable outcome caused by factories that emit harmful by-products and
waste into the environment. Such emissions could cause air pollution, water pollution, land pollution.

Industries cause pollution in many ways. Some of them are:

• Emission of toxic chemicals into the atmosphere causes air pollution. The toxic chemicals
used by industries in processing and manufacturing are harmful to human health and the
environment. Industrial facilities across the world generate more than 25 million tonnes of
toxic chemicals as production-related wastes and pollutants. These toxic chemical pollutants
are released into the environment resulting in various forms of pollution.
• Industries need a consistent supply of raw materials and so metals, minerals and oils are
extracted from beneath the earth thereby depleting the natural resources. This degrades land
and water resources. Lands are left bare or destroyed owing to deforestation or clearance of
vegetation cover to pave the way for industrial raw material extraction. Raw material
extraction also causes pollution to the soil, air, and water. For instance, oil spills during oil
extraction have led to the widespread death of marine birds, fish, mammals and amphibians.
• Industrial products like electronics, automobiles and their parts, plastics, metals, and chemical
utilities such as petroleum, paints, sprays, and cleaning solvents created for human
consumption are a major cause of pollution. All these industrial products at some point in
their lifetime become obsolete, and are deposited in landfills or water bodies. This causes land
and water pollution. These products sometimes contain poisonous chemical elements that can
have an adverse effect on the environment.
• Carbon dioxide is commonly known as a greenhouse gas due to its ability to absorb thermal
radiation leading to global warming and climate change. Industrial production emits carbon
dioxide gas into the atmosphere. CO2 emissions around the world are caused by energy use
in commercial, production, processing, and power producing industries.
• A number of industries still utilize out dated technologies in their production processes
instead of embracing cleaner and green technologies. This is one of the factors that cause
industrial pollution.
• Anti-pollution Policies are not implemented. In many countries, especially in developing
nations, industrial pollution activities continue due to lax anti-pollution policies. Industries
continue to pollute the environment with impunity affecting the lives and health of many
people. Plants and wildlife have also been badly affected in these regions.
Steps to Prevent Industrial Pollution

1. Control at Source: Suitable alterations in the choice of raw materials will help in controlling
pollution.

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2. Selection of Industry Site: The industrial site should be properly examined considering the
climatic and topographical characteristics.

3. Treatment of Industrial Waste: The industrial wastes should be subjected to proper treatment
before their discharge.

4. Plantation: Intensive planting of trees in the site where the industry is located considerably reduces
the dust, smoke and other pollutants.

5. Government Action: Government should take stringent action against industries which discharge
higher amount of pollutants into the environment than the level prescribed by Pollution Control
Board.

6. Environmental Audit: Environmental impact assessment should be carried out regularly to

identify and evaluate the potential and harmful impacts of the industries on natural eco-system.

7. Strict Implementation of Environmental Protection Act: Environment Protection Act should be

strictly followed and violators should be punished.

7.4.3. Rehabilitation and Safety aspects of use of new technologies such as Chemical and
Nuclear Technologies

Nuclear Technology.

Nuclear technology involves the nuclear reactions of atomic nuclei. It uses the energy that is stored in
the nucleus of an atom. Nuclear reactors, nuclear medicine and nuclear weapons use this technology.
The controlled use of nuclear fission releases energy for work including propulsion, heat, and the
generation of electricity. Nuclear fission is the process that is used in nuclear reactors to produce high
amount of energy using uranium.

Nuclear energy is produced by a controlled nuclear chain reaction, which creates heat this is used to
boil water, produce steam, and drive a steam turbine. The turbine is used to generate electricity and/or
do mechanical work. Nuclear energy is considered to be one of the most environmentally friendly
sources of energy.

Advantages of nuclear power generation:

• Nuclear power generation emits relatively low amounts of carbon dioxide (CO2).
• This technology is readily available.
• Nuclear power produces relatively inexpensive electricity. The cost of the uranium, which is
utilized as a fuel in this process, is low. Even though the expense of setting up nuclear power
plants is moderately high, the expense of running them is quite low.

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 • Nuclear energy is a more feasible choice than others. They have high energy density as
compared to fossil fuels. The amount of fuel required by a nuclear power plant is
comparatively less than what is required by other power plants.
• It is possible to generate a high amount of electrical energy in one single plant.
Disadvantages of nuclear power generation:

• The problem of radioactive waste is still an unsolved one.

• Despite high security standards, accidents can still happen. It is technically impossible to
build a plant with 100% security.
• The energy source for nuclear energy is Uranium. Uranium is a scarce resource; its supply is
estimated to last only for the next 30 to 60 years depending on the actual demand.
Chemical Technology

Chemical energy refers to the stored energy inside chemical bonds, and it is released by way of
exothermic reactions. Some of its sources include crude oil, coal, organic material and wood.

Advantages of Chemical Energy

• Almost all sources of chemical energy, such as crude oil, wood, organic materials like wax
and coal, can be found around the world, and humans are very dependent on these energy
sources. This is the reason why worldwide economies are being affected when prices of these
energy sources fluctuate.
• One of the most common chemical energy sources available is crude oil, which is extracted
from underlying sedimentary layers of the earth’s crust. It is produced from the process of
chemical conversion that occurs in the fossilized remains of dead plants and animals under
great pressure that is exerted by the Earth.
• Easy combustibility is a great advantage of chemical energy. As compared to other sources of
energy, chemical energy produces fuels that are capable of giving out instant energy. It only
requires the availability of air to ignite the source with sufficient oxygen content.
Disadvantages of Chemical Energy

• It can be harmful to the environment. Combustion is required to produce energy and this can
produce harmful by-products, which causes pollution.
• It can produce radioactive waste. The radiations emitted by this kind of waste can last upto
hundreds of years.
• It is non-renewable. Most sources of chemical energy cannot be replenished.
• Chemical energy increases pollution. This is seen as the biggest disadvantage of chemical
energy. This is also the main reason why researchers and scientists are searching for
alternative sources of energy that are less or totally not harmful to humans and the

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 environment. Global warming has worsened in recent years because of heavy pollution in the
different parts of the world.
7.4.5. Issues of Waste Disposal

Waste Management

Waste management involves the activities required to manage waste from its inception to its final
disposal. This includes the collection, transport, treatment and disposal of waste, together with
monitoring and regulation of the waste management process. Waste management is intended to
reduce adverse effects of waste on human health, the environment and aesthetics.

Waste can be solid, liquid, or gaseous and each type has different methods of disposal and
management. Waste management deals with all types of waste, including industrial, biological and
household wastes.

Waste management practices cannot be uniformly practiced in different areas. Developed and
developing nations, urban and rural areas, residential and industrial sectors have to take different
approaches.

Tips for Waste management*( for more details refer section-5.9)

• Preventing or reducing waste generation: Extensive use of new or unnecessary products is a

major cause of unchecked waste formation.
• Recycling: Recycling serves to transform waste into products of their own genre through
industrial processing. Paper, glass, aluminium, and plastic are commonly recycled.
• Incineration: Incineration features combustion of wastes to transform them into base
components, with the generated heat being trapped for deriving energy.
• Composting: It involves decomposition of organic wastes by microbes by allowing the waste
to stay accumulated in a pit for a long period of time. The nutrient rich compost can be used
as plant manure.
• Sanitary Landfill: This involves the dumping of wastes into a landfill. The base is prepared of
a protective lining, which serves as a barrier between wastes and ground water, and prevents
the separation of toxic chemicals into the water zone. Landfills should be created in places
with low groundwater level that are far removed from sources of flooding.
Protection of Environment

Environmental protection is the practice of protecting the natural environment through activities
initiated by individuals, organizations and governments. Its objectives are to conserve natural
resources and if possible, to repair damage that has been caused to the eco system.

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Due to the pressures of population growth and increased use of technology, the environment is being
degraded, sometimes permanently. Governments have now begun placing restraints on activities that
cause environmental degradation.

Protection of the environment is needed for sustainable development. Industrial pollution, degradation
of forests, depletion of ozone layer, the green house gases results in global warming and climate
which will have an adverse impact on environment and human health. There is a need for
conservation of Biodiversity, protection of wetlands and prevention of environmental pollution.

Forest Conservation

India defines forest management as one where the needs of indigenous communities are not ignored.
Forests are sustained while at the same time ensuring that the nation's economic needs are satisfied
through scientific forestry.

Protection of Wetlands

Wetlands are complex ecosystems and encompass a wide range of inland, coastal and marine habitats.
They share the characteristics of both wet and dry environments. They include flood plains, swamps,
marshes, fishponds, tidal marshes natural and man-made wetlands. Among the most productive life
support, wetlands have immense socio-economic and ecological importance for mankind. They
provide suitable habitats for endangered and rare species of birds and animals. India has a wealth of
wetland ecosystems distributed in different geographical regions. These wetlands need to be
preserved.

7.5. CONSERVATION OF NATURAL RESOURCES AND HUMAN RIGHTS

7.5.1. Conservation of Biodiversity in India

The Biological Diversity Act, 2002 is a federal legislation enacted by the Parliament of India for
preservation of biological diversity in India, and provides mechanism for equitable sharing of benefits
arising out of use of traditional biological resources and knowledge.

Wildlife Conservation

Wildlife conservation is the practice of protecting endangered plant and animal species and their
habitats. Among the goals of wildlife conservation are to ensure that nature will be around for future
generations to enjoy and to recognize the importance of wildlife and wilderness lands to humans.
Many nations have government agencies dedicated to wildlife conservation, which help to implement
policies designed to protect wildlife. Numerous independent non profit organizations also promote
various wildlife conservation causes.

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Environmental Impact Assessment

An environmental impact assessment (EIA) is an assessment of the possible impacts that a proposed
project may have on the environment, consisting of the environmental, social and economic aspects.
The purpose of the assessment is to ensure that decision makers consider the environmental impacts
when deciding whether or not to proceed with a project. The International Association for Impact
Assessment (IAIA) defines an environmental impact assessment as "the process of identifying,
predicting, evaluating and mitigating the biophysical, social, and other relevant effects of
development proposals prior to major decisions being taken and commitments made."

Protection of the Environment as outlined in the Indian Constitution

The Indian Constitution guarantees justice, liberty and equality to all citizens of the country. Article
51-A (g) says that “it shall be the duty of every citizen of India to protect and improve the natural
environment including forests, lakes, rivers and wildlife.”

The 42nd amendment act of 1977 obligates the government to protect and improve environment for
the good of society as a whole. It also makes environmental protection an obligation of the state and
individual citizen and reads, "The state shall endeavour to protect and improve the environmental and
to safeguard forests and wildlife of the country."

Article 51-A (9) states "It shall be duty of every citizen of India to protect and improve the natural
environment including forests, lakes, rivers, wildlife and to have compassion for living creatures."

The Directive Principles under the Indian constitution are meant to lead towards building a welfare
state. Healthy environment is also one of the components of a welfare state. Article 47 provides that
the State shall regard the raising of the level of nutrition and the standard of living of its people and
the improvement of public health as among its primary duties. The improvement of public health also
includes the protection and improvement of environment without which public health cannot be
assured.

Article 48 deals with organization of agriculture and animal husbandry. It directs the State to take
steps to organize agriculture and animal husbandry on modern and scientific lines.

Article 48 -A of the constitution says that “the state shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the country”.

The Constitution of India under part III guarantees Fundamental Rights, which are essential for the
development of citizens. Right to environment is of utmost necessity for the development of an
individual and realisation of his or her full potential. Articles 21, 14 and 19 of this part have been used
for environmental protection. Right to environment, freedom from danger of disease and infection is

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inherent in it. Right to healthy environment is an important attribute of right to live with human
dignity.

Many Acts like Biodiversity Conservation Act, Environment Protection Act, Wildlife Preservation
Act, Water Pollution Prevention Act, Air Pollution Prevention Act etc. are enacted from time to time
for environment preservation.

The National Green Tribunal was established in 2010 under the National Green Tribunal Act 2010.
This has helped in the effective disposal of cases relating to environmental protection and
conservation of forests and other natural resources. It is a specialized body equipped with the
necessary expertise to handle environmental disputes.

7.5.2. Conservation of the Western Ghats

The Western Ghats is an extensive region spanning over six States. The forests, rivers, and grasslands
in the Western Ghats are home to diverse species, including rare and threatened species. It is
recognised by UNESCO as one of the world’s eight most important biodiversity hotspots. The
Western Ghats acts as a huge water tank supplying water to six states. The ecosystem here is severely
threatened due to the increasing human settlements, mining, pollution and the drop in genetic
diversity. The Western Ghats of India is facing severe threats to its ecosystem.

Madhav Gadgil Committee Report on the Western Ghats:

Gadgil Commission, an environmental research commission is named after its chairman Madhav
Gadgil. The commission is formally known as Western Ghats Ecology Expert Panel (WGEEP). The
commission submitted the report to the Government of India on 31 August 2011.

Gadgil Committee Recommendations:

• The Western Ghats Ecology Expert Panel (WGEEP) designated the entire hill range as an
Ecologically Sensitive Area (ESA).
• The panel, in its report, has classified the 142 taluks in the Western Ghats boundary into
Ecologically Sensitive Zones (ESZ) 1, 2 and 3.
• ESZ-1 being of high priority, almost all developmental activities mainly mining and thermal
power plants was restricted in it.
• Gadgil report recommended that “no new dams based on large-scale storage be permitted in
Ecologically Sensitive Zone 1”.
• Gadgil Committee report specifies that the present system of governance of the environment
should be changed. It asked for a bottom to top approach (right from Gram sabhas) rather than
a top to bottom approach.
• It also asked for decentralization and more powers to local authorities.

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Criticisms of Madhav Gadgil Report

The major criticism faced by Gadgil Committee report was that it was not in tune with the ground
realities. The recommendations were cited as impractical to implement.

Gadgil report asked for a complete eco-sensitive cover for the Western Ghats which hamper different
states on energy and development fronts.

7.5.3. Kasturirangan Committee Report

The Kasturirangan committee report has sought to balance the two concerns of development and
environment protection. The Kasturirangan report seeks to bring just 37% of the Western Ghats under
the Ecologically Sensitive Area (ESA) zones — down from the 64% suggested by the Gadgil report.
Kasturirangan report on the Western Ghats has made several pro-farmer recommendations, including
the exclusion of inhabited regions and plantations from the purview of ecologically sensitive areas
(ESAs). The Kasturirangan report had said 123 villages fall under the ESA purview.

Criticisms of Kasturirangan Committee Report

• The Kasturirangan panel used remote sensing and aerial survey methods for zonal
demarcation of land in the Western Ghats. The usage of such techniques, without examining
the ground reality, has caused many errors in the report.
• The power is vested with the bureaucrats and forest officials and not with gram sabhas.
• Many fear that the farmers would get evicted if the Kasturirangan Committee report is
implemented.
7.6. Overexploitation of ground water resources, marine fisheries, sand mining etc

7.6.1. Natural Resources

It is also called over harvesting and refers to utilizing a renewable resource to the utmost possible
extent. Continued overexploitation can lead to the destruction of the resource. The term applies to
natural resources such as wild medicinal plants, grazing pastures, game animals, fish stocks, forests,
and water aquifers.

Ecologists use the term over exploitation to describe resources that are harvested at a rate that is
unsustainable. Overexploitation can lead to resource destruction, including extinction of species. In
the context of fishing, the term overfishing can be used instead of overexploitation, as can overgrazing
in stock management, overlogging in forest management, overdrafting in aquifer management, and
endangered species in species monitoring.

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The overuse of ground water

Groundwater is the largest source of usable, fresh water in the world. In many parts of the world,
especially where surface water supplies are not available, domestic, agricultural, and industrial water
needs can only be met by using the water beneath the ground. Sustained groundwater pumping causes
groundwater depletion.

Some of the negative effects of groundwater depletion are:

• Lowering of the Water Table

Excessive pumping can lower the groundwater table, and cause wells to no longer be able to reach
groundwater.

• Increased Costs
As the water table lowers, the water must be pumped farther to reach the surface, using more energy.

• Reduced Surface Water Supplies

Groundwater and surface water are connected. When groundwater is overused, the lakes, streams, and
rivers connected to groundwater can also have their supply diminished.

• Land Subsidence
Land subsidence occurs when there is a loss of support below ground. Overusing groundwater, leads
to the collapse of soil.

• Water Quality Concerns

Excessive pumping in coastal areas can cause saltwater to move inland and upward, resulting in
saltwater contamination of the water supply.

7.6.2. Marine life

The exponential growth in human population has lead to an overexploitation of marine living
resources to meet growing demand for food. The use of modern techniques to facilitate harvesting,
transport and storage has accelerated this trend. The public need to be sensitised about the
conservation of the marine environment. There are many marine conservation organisations
throughout the world that focus on funding conservation efforts, educating the public and
stakeholders, and lobbying for conservation law and policies.

Over exploitation of mineral resources resulted in many environmental problems like:

1. Conversion of productive land into mining and industrial areas.

2. Mining and extraction process are one of the sources of air, water and land pollution.

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3. Mining involves huge consumption of energy resources like coal, petroleum and natural gas which
are non renewable sources of energy.

4. Surface mining directly degrades the fertile soil surface.

7.6.3. Sand mining

Sand mining is the extraction of sand from sand dunes, beaches. Sometimes it is dredged from river
and ocean beds. The main reason is to provide sand for concrete, which due to the urbanisation and
industrialisation is in high demand. Sand has many uses. It is used to make concrete, paved roads,
ceramics and petroleum fracking. These are only some of the uses. River sand is considered to be the
best: grains of desert sand are often too rounded to serve as industrial binding agents, and marine sand
is corrosive. Today, sand has become so valuable that it is shipped enormous distances.

Illegal sand mining is a perennial problem in India. The mine owners and hoarders try to dig out as
much sand as possible, through illegal means. Excessive sand mining causes the degradation of rivers.
The depletion of sand along coastal areas and in the river beds causes the deepening of rivers and
estuaries, and the enlargement of river mouths. It may also lead to saline-water intrusion from the
nearby seas.

Case Study

Due to the efforts of The Forest Advisory Committee (FAC) of the Ministry of Environment and
Forests (MoEF), and the Karnataka Forest Department, a 25 km long wildlife corridor disrupted by a
220 KVA power transmission line in Kudremukh National Park has been restored.

Based on the ecological analysis by the experts, FAC proposed a unique ‘conservation swap’ scheme
for the first time in India. They recommended that to compensate for the loss of 8.3 km wildlife
corridor value because of the power line, the Karnataka government must dismantle an existing 25 km
power transmission line passing through Kudremukh National Park, thereby restoring a corridor of
major connectivity value.

This precedent-setting order of the FAC has enabled the restoration of 25 km of lost wildlife corridor,
to compensate for the loss of a corridor one third that length.

Kudremukh National Park is recognized as the largest intact block of tropical evergreen forests in
Western Ghats, which are now known as one of 38 global biodiversity hotspots. It is an astonishing
treasure house of biological resources, and the watershed of Tunga, Bhadra and Nethravathi rivers. A
proposed tiger reserve, Kudremukh is home to many endangered species like the tiger, elephants, lion-
tailed macaques, king cobra and great Indian hornbills.

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The FAC decision not only prioritized the core conservation objective, but also met the development
imperatives as Karnataka faces a severe power crunch, and the fact that over Rs 2,000 crore have
already been invested in the power plant.

QUESTIONS

Part A(2 Marks)

1. What do you mean by Human Rights?

2. What is Collective-developmental generations of human right?
3. Name 4 UN office Systems that protect human rights.
4. Write the role “Human Rights Up Front Initiative”.
5. Write a note on UNICEF.
6. What is UDHR?
7. What you mean by Fundamental Rights?
8. List out 6 fundamental human rights.
9. Explain Right to equality.
10. Why is World Environment day celebrated?
11. What is Industrial Pollution?
12. Define Environmental Rights.
13. What are substantive rights?
14. What are procedural rights?
15. Write any 3 disadvantages of nuclear power generation.

Part B (5 marks)

16. Explain the three generations of human rights .

17. Briefly write functions of UNSECO and UNICEF.
18. What is ILO and write its functions?
19. Write a note on WHO.
20. Write about the Universal Declaration of Human Rights.
21. Discuss on “Declarations for Women and Children”.
22. Write constitutional privileges for Women and Children.
23. Write constitutional privileges for Scheduled Caste and Scheduled Tribes.
24. What are the causes of industrial pollution?
25. How is chemical energy utilized?
26. How is nuclear energy produced?

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27. What are the different steps of waste management?
28. Why is the conservation of wetlands important?
29. What are the provisions in the Indian Constitution to protect the environment?

Part C (15 marks)

30. Discuss the constitutional provisions for Scheduled Castes, Scheduled Tribes and other
marginalised groups.

31. Discuss the Fundamental Rights guaranteed in our Indian Constitution.

32. Briefly write various UN agencies that stand for humanist missions.

33. Outline the causes of industrial pollution and the measures to be taken to control it.

34. What are the advantages and disadvantages of using (i) nuclear energy (ii) chemical energy?

35. Briefly outline the reports of Gadgil and Kasturirangan regarding the conservation of the
Western Ghats.

36. Write explanatory notes on (i) Environment and Human rights (ii) Rights for women and
children in India.

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