Human Rights Law &

Practice
1 A) Explain the utility, scope and ambit of Universal Declaration of Human Rights. [16]
MEANING OF HUMAN RIGHTS

Human beings are born equal in dignity and rights. These are moral claims which are inalienable and inherent in all individuals by
virtue of their humanity alone, irrespective of caste, colour, creed, and place of birth, sex, cultural difference or any other
consideration. These claims are formulated in what is today known as human rights. Human rights are sometimes referred to as
fundamental rights, basic rights, inherent rights, natural rights and birth rights.

DEFINITION OF HUMAN RIGHTS

The essence of human rights are brought to light and defined as “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. The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as “rights derived from the
inherent dignity of the human person.” Human rights when they are guaranteed by a written constitution are known as
“Fundamental Rights” because a written constitution is the fundamental law of the state.

CHARACTERISTICS AND NATURE OF HUMAN RIGHTS

Following are the characteristics of human rights:

1. Human Rights are Inalienable - Human rights are conferred on an individual due to the very nature of his existence. They are
inherent in all individuals irrespective of their caste, creed, religion, sex and nationality. Human rights are conferred to an
individual even after his death. The different rituals in different religions bear testimony to this fact.

2. Human Rights are essential and necessary - In the absence of human rights, the moral, physical, social and spiritual welfare of
an individual is impossible. Human rights are also essential as they provide suitable conditions for material and moral upliftment
of the people.

3. Human Rights are in connection with human dignity - To treat another individual with dignity irrespective of the fact that the
person is a male or female, rich or poor etc. is concerned with human dignity.

4. Human Rights are Irrevocable: Human rights are irrevocable. They cannot be taken away by any power or authority because
these rights originate with the social nature of man in the society of human beings and they belong to a person simply because
he is a human being. As such human rights have similarities to moral rights.

5. Human Rights are Necessary for the fulfillment of purpose of life: Human life has a purpose. The term “human right” is applied
to those conditions which are essential for the fulfillment of this purpose.

6. Human Rights are Universal – Human rights are not a monopoly of any privileged class of people. Human rights are universal
in nature, without consideration and without exception. The values such as divinity, dignity and equality which form the basis of
these rights are inherent in human nature.

7. Human Rights are never absolute – Man is a social animal and he lives in a civic society, which always put certain restrictions
on the enjoyment of his rights and freedoms. Human rights as such are those limited powers or claims.

8. Human Rights are Dynamic - Human rights are not static, they are dynamic. Human rights go on expanding with socio-eco-
cultural and political developments within the State. Judges have to interpret laws in such ways as are in tune with the changed
social values.

9. Rights as limits to state power - Human rights imply that every individual has legitimate claims upon his or her society for
certain freedom and benefits. So human rights limit the state’s power. These may be in the form of negative restrictions, on the
powers of the State, from violating the inalienable freedoms of the individuals, or in the nature of demands on the State, i.e.
positive obligations of the State.

CLASSIFICATIONS OF RIGHTS

Human rights can be broadly classified on five bases. They are: Civil Human Rights Political Human Rights Economic Human
Rights Social and Cultural Human Rights Development Oriented Human Rights

a. The seventeenth, eighteenth and nineteenth centuries contributed and strengthened the civil and political rights, which
assured civil and political liberties. The Civil and Political Human Rights are collectively known as ‘Liberty Oriented Human Rights’
because they provide, protect and guarantee individual liberty to an individual against the State and its agencies. Liberty rights
also referred to as Blue Rights are the First Generation of Human Rights.

b. The twentieth century contributed to the development and strengthening of economic, social and cultural rights and the
rights of minorities as well. These rights aim at promotion of the economic and social security through economic and social
upliftment of the weaker sections of the society. These rights are essential for dignity of personhood as well as for the full and
free development of human personality in all possible directions. These rights ensure a minimum of economic welfare of the
masses and their basic material needs, recognized by the society as essential to civilized living The economic, social and cultural
rights, including the rights of the minorities are collectively known as the “Security Oriented Human Rights” because these rights
collectively provide and guarantee the essential security in the life of an individual. In the absence of these rights, the very
existence of human beings would be in danger. These are also known as the “Second Generation of Human Rights”. They are
also referred to as Red Rights or also as positive rights. These rights along with the Civil and Political Rights were declared by the
Universal Declaration of Human Rights and later were recognized by (1) the Covenant on Civil and Political Rights and (2) the
Covenant on Economic, Social and Cultural Rights in December 1966.

c. The Development Oriented Human Rights are of a very recent origin in the late twentieth century. These rights enable an
individual to participate in the process of all round development and include environmental rights that enable an individual to
enjoy the absolutely free gifts of nature, namely, air, water, food and natural resources, free from pollution and contamination.

These are known as the Third Generation of Human Rights or Green Rights. They are also called as Solidarity Rights, because
their implementation depends upon international cooperation. Solidarity rights are of special importance to developing
countries, because these countries want the creation of an international order that will guarantee to them the right to
development, the right to disaster relief assistance, the right to peace and the right to good government. Rights for Citizens and
for all persons.

All human rights can be further classified into two distinct classes on the basis of the eligibility of individual, who can exercise
them as under: 1. The rights for citizens and 2. The rights for all persons. Certain rights are conferred only on citizens. For eg. In
the Indian constitution provisions in Articles 15, 16, 19 and 29 are limited to citizens. The remaining provisions in Part III of the
Indian Constitution are applicable to citizens and aliens alike.

THEORIES ON HUMAN RIGHTS:

 INTEREST THEORY OF HUMAN RIGHTS: The Interest theory was propounded by Jeremy Bentham (1748-1832), a utilitarian,
stated the importance of moral rights in legal systems, being highly critical of it at the same time. According to his ideals, a
person could be considered to vote if someone ratified it with legal rules and regulations.

 WILL THEORY OF HUMAN RIGHTS: The will theory was given by H.L. Hart (1907-1992), where he cited the importance of
human freedom or liberty. He mainly focused on the freedom of every person, which means that freedom and well being are
the two necessary conditions for a rationally purposive agent in the first place. They are the essential prerequisites for a human
being, were to be human is to possess the capacity for rationally purposive action. However, each individual is entitled to have
access to them. However, both these theories faced their shortcomings too, on basis of limiting interests and third party
interests in the Interest Theory and lack of non-transferable rights and the cognitive abilities of the right holders in the Will
Theory respectively.

THE MARXIST THEORY OF HUMAN RIGHTS can also be considered, where it was believed that property is the basis for coming
into existence of law and state, but the argument on this is that neither law nor state existed in primitive society as there was no
concept of private property. Therefore it can be rightfully said that the Marxist theory views human rights from a perspective
very different from others
B) Define Human Rights and trace out the history of development of Human Rights in India. [16]
Answer F, THEN ->

Historical Evolution of Human Rights in India The history and development of human rights in India can be divided into three
stages Ancient, Medieval, and Modern.

Human Rights In Ancient India

The concept of human rights is not alien to Indian political thinkers and philosophers. The concept is as old as ancient
civilization. In ancient India, law was based on the principle of Dharma. The Epics – Ramayana and Mahabharata make us learn
that Dharma was ordained for the advancement of all creatures as well as restraining creatures from injuring one another. The
righteousness has been described as the essence of Dharma in The Bhagwad Geeta. The Upanishads speak of Dharma as the
foundation of whole universe. The Vedas and Smritis talk about the concept of “Vasudheiva Kutumbakam” (the whole world as
one family).

All the four Vedas insist on equality and dignity for humans. The teachings of Buddha worked effectively for the protection of
human rights. The great King Ashoka had been successful in the creation of a welfare state for his subjects and provided them
with basic freedoms and rights. Hence, it is very much clear that Ancient Indian Literatures stood for enlarging and encouraging
human rights, freedoms, liberty and equality for all people irrespective of any discrimination based on caste, creed, gender, sex,
religion.

Human Rights In Medieval India

The Medieval period signifies the Muslim era in India. The Pre-Mughal period saw the existence of social, political, cultural,
religious rights. But with the advent of Mughals, the concept of human rights got lost in the dark. But Akbar's period (1526-1605)
showed that the great regard was given to the social, religious and political rights.

In his religious policy Din-E-Ilahi (divine-religion), he tried to preach the idea of secularism and religious tolerance. Similarly,
various religious movements like Bhakti (Hindu) and Sufi (Islamic) made remarkable contribution to the emergence of human
rights which at times suppressed by the other Mughal Emperors like Babar, Humayun, and Aurangzeb.

Human Rights In Modern India

The British rule in India can be seen in the Modern period. During this period, the British Government of India had not only
deprived the Indian people of their freedom but had based itself on the exploitation of the masses, and ruined India
economically, politically, culturally and spiritually.

After witnessing the colonial rule, every Indian was of the firm opinion that the recognition, protection and implementation of
human rights are not only basic but also inalienable for them for leading a civilized life.

The Preamble, Fundamental Rights, Directive Principles of State Policy, newly added Fundamental Duties, reservation for
scheduled castes and tribes, special provisions for Anglo- Indians and other backward classes are important constitutional
provisions from the human rights point of view. The study of human rights with reference to Indian Constitution reveals that the
Constitution enshrines almost all the human rights provided in the various international conventions, covenants and treaties,
such as:

Universal Declaration of Human Rights, 1948;

International Covenant on Economic, Social and Cultural Rights, 1976;

International Covenant on Civil and Political Rights, 1976;

Convention on the Prevention and Punishment of the Crime of Genocide, 1948;

International Convention on the Elimination of All Forms of Racial Discrimination, 1965;

Convention on the Elimination of All Forms of Discrimination against Women, 1979;

Convention on the Rights of Child, 1989;

Convention on the Rights of Persons with Disabilities, 2006.

Apart from the various constitutional provisions, various statutes have also been enacted by the Indian legislature with a view
to protect and promote human rights. Some of the important legislations enacted by the union are: Protection of Human Rights
Act, 1993;
National Commission for Minorities Act,1992;

National Commission for Women Act, 1990;

Protection of Civil Rights Act, 1995;

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989;

Immoral Traffic (Prevention) Act, 1987;

Bonded Labour System (Abolition) Act, 1976;

Juvenile Justice (Care and Protection of Children) Act, 2000;

Child Labour (Prohibition and Regulation) Act, 1986 etc.

India has also adopted a number of legislative measures for the social security of the labor, which have been greatly influenced
by ILO's standards. In this way, the concept of human rights developed and deepened its roots in India.

C) Discuss the concept of Human Rights with special reference to the National and International rights.
[16]
Answer F,
D) Discuss object of the International Covenants on Political and Civil Rights, 1996 highlighting its
important provisions. [16]
Answer G,
E) Discuss various rights as enumerated in the Universal Declaration of Human Rights, 1948.[16]
The structure of the Universal Declaration of Human Rights was influenced by a set of laws formulated by Napoléon Bonaparte
centuries before, collectively known as the Code Napoléon.

Its final structure took form in the second draft prepared by French jurist René Cassin, who worked on the initial draft prepared
by Canadian legal scholar John Peters Humphrey.

The Declaration consists of the following:

The preamble gives details about the social and historical reasons that led to the formation of the UDHR.

It contains a total of 30 articles:

Articles 1 – 2, The basic concepts of dignity, liberty and equality are established.

Articles 3 – 5, Details of individual rights, such as the right to life and prohibition of slavery are explained in detail.

Articles 6 – 11, Refers to the fundamental rights as well as the remedies for their violation.

Articles 12 – 17, Set forth the rights of the individual towards the community, including freedom of movement and residence
within each state, the right of property and the right to a nationality.

Articles 18 – 21, These sets of articles refer to the rights of the individual towards the community, including freedom of
movement, thought, opinion, expression, religion, peaceful association and ideas through any media.

Articles 22 – 27, Sanctions an individual’s economic, social and cultural rights including healthcare. It also upholds the right to a
better standard of living and makes a special mention of care given to motherhood or childhood.

Articles 28 – 30, It establishes the general means of exercising these rights, the areas in which the rights of the individual cannot
be applied.

F) Write a note on Universal Declaration of Human Rights, 1948. [16]

UNIVERSAL DECLARATION OF HUMAN RIGHTS
On 10 December 1948, the United Nations adopted the Universal Declaration of Human Rights in Paris, France. This day is
celebrated throughout the world as Human Rights Day.

Background

 The Universal Declaration of Human Rights is a document which consists of 30 articles that affirm an individual’s rights.

 This was the first step in formulating an International Bill of Human Rights that came into force in 1976.

 Although the declaration is not legally binding, these rights have been enshrined in many countries’ constitutions and national
laws.

 After the full horrors of the Second World War came into the fore, it was considered that a universal international declaration
on individual rights was required since the UN Charter was not sufficient in itself.

 The United Nations then established the Commission of Human Rights in 1946 to prepare an international bill of rights. This
Commission had 18 members all from different nations and having variant political ideologies.

 Eleanor Roosevelt was the Chairperson of the Universal Declaration of Human Rights Drafting Committee that drafted the
articles. This Committee met for over two years.

 The Declaration’s chief drafter was John Peters Humphrey, a Canadian and the Director of the Division of Human Rights within
the United Nations Secretariat. Other important members of this committee were France’s René Cassin, China’s P C Chang and
Lebanon’s Charles Malik.

 The Committee completed its task by May 1948. After that, the draft declaration was discussed by the Commission on Human
Rights, the General Assembly and the Economic and Social Council of the UN. After making many changes, the declaration was
put to vote by the General Assembly in December 1948.

 This Universal Declaration was adopted as Resolution 217 by the Assembly on 10 December 1948. Out of the 58 nations
(membership of the UN at that time), 48 voted in favour, 8 abstained, 2 failed to vote and none voted against the declaration.
India voted in favour of the Declaration.

 The Soviet Bloc abstained observing that the declaration was not sufficient in condemning Nazism and fascism. Saudi Arabia
abstained because it had objections to the ‘Right to change his religion or belief’. South Africa abstained since its policy of
apartheid violated most of the articles in the declaration.

 Human Rights Day is observed annually on this day to mark the adoption of the Declaration.

Content of the Declaration

 There are 30 articles and a Preamble.

 Articles 1 – 2: concepts of dignity, liberty, equality, and brotherhood.

 Articles 3 – 11: individual rights like right to life and prohibition of slavery; fundamental legality of human rights.  Articles 12 –
17: individual rights towards the community including freedom of movement.

 Articles 18 – 21: constitutional liberties like political, public and spiritual freedoms; freedom of thought, opinion, religion and
conscience, word and peaceful association.

 Articles 22 – 27: economic, social and cultural rights; healthcare.

 Articles 28 – 30: ways of using these rights and areas where they cannot be applied.

G) Write a note on the International Covenants on Economic, Social and Cultural Rights, 1966. [16]
The International Covenant on Economic, Social and Cultural Rights (ICESCR) together with its sister Covenant, the International
Covenant on Civil and Political Rights (ICCPR), and the Universal Declaration, form the International Bill of Human Rights which is
the pillar for human rights protection within the United Nations.

The ICESCR was adopted by General Assembly Resolution 2200 A (XXI) of 16 December 1966. The Covenant reflects the
commitments adopted after World War II to promote social progress and better standards of life, reaffirming faith in human
rights and employing the international machinery to that end.
Since the ICESCR is an international human rights treaty, it creates legally binding international obligations to those States that
have agreed to be bound by the standards contained in it. As of November 2006, 155 States are parties to the ICESCR, thus, it
can be seen as a treaty that reflects global consensus on the universal human rights standards that apply to the economic, social
and cultural fields.

The Preamble of the Covenant recognises, inter alia, that economic, social and cultural rights derive from the "inherent dignity
of the human person" and that "the ideal of free human beings enjoying freedom of fear and want can only be achieved if
conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as civil and political rights."
Furthermore, the overarching principles of the Covenant are: (1) equality and non-discrimination in regard to the enjoyment of
all the rights set forth in the treaty; and (2) States parties have an obligation to respect, protect and fulfil economic, social and
cultural rights.

The Covenant recognises the following rights:

 The right to work (Article 6);

 The right to just and favourable conditions of work (Article 7);

 The right to form and join trade unions and the right to strike (Article 8);

 The right to social security including social insurance (Article 9);

 The right to protection and assistance for the family and the prohibition of child labour (Article 10);

 The right to an adequate standard of living for oneself and one's family, including adequate food, clothing and housing and to
the continuous improvement of living conditions (Article 11);

 The right to the highest attainable standard of physical and mental health (Article 12);

 The right to education, the freedom of parents to choose schools other than those established by public authorities (Articles
13 and 14); and

 The right to take part in cultural life and to benefit from scientific progress (Article 15).

States Parties to the ICESCR

States become parties to an international treaty through ratification or accession. When a country becomes a State party to the
ICESCR, it voluntarily accepts a range of legally binding obligations to promote the realisation of economic, social and cultural
rights at the national level. Moreover, upon ratification or accession to the ICESCR, a State party is also offering itself to the
scrutiny of an international committee of independent experts (the Committee on ESCR) on the basis of these norms and
standards.

It is also important to note that when governments become States parties to the ICESCR, they can identify that they will not be
bound to particular provisions. This is known as "entering a reservation." Sometimes States parties can also make declarations
and these have the same effect as reservations.

The Committee on Economic, Social and Cultural Rights

The Committee on Economic, Social and Cultural Rights is the supervisory body of the International Covenant on Economic,
Social and Cultural Rights. It was established under United Nations Economic and Social Council (ECOSOC) Resolution 1985/17 of
28 May 1985 to carry out the monitoring functions assigned to the ECOSOC in Part IV of the ICESCR.

The ECOSOC is the primary body dealing with the economic, social, humanitarian and cultural work of the United Nations
system. ECOSOC oversees five regional economic commissions and six "subject-matter" commissions, along with a sizeable
system of committees and expert bodies. ECOSOC is composed of 54 member States, elected by the United Nations General
Assembly for three-year terms.

The Committee on Economic, Social and Cultural Rights is composed of eighteen independent experts. Members of the
Committee are elected by ECOSOC by secret ballot from a list of persons who qualify as "experts in the field of human rights"
and who have been nominated for that purpose by the States parties. Members are elected for four years and are eligible for re-
election.

The Committee meets in Geneva and normally holds two sessions per year, consisting of a three-week plenary and a one-week
pre-sessional working group.
2 A) Elucidate the legal provision with case laws relating to protecting of rights of child and prevention of child abuse. [16]

Introduction
Children are generally associated with terms like innocence, freedom, joy, without any kind of obligations of adult life. But they
are usually vulnerable to various forms of exploitations and crimes. The fact that they are young and vulnerable establishes the
fact that they need to be protected from the cruelty of the outside world. The responsibility to protect them lies with the
parents and they are supposed to work for the best interest of the child.

When you look at India, 39% of the population in India is children which amounts to 472 million. There is a saying that the future
of the children is the future of the nation and so protecting them and their right is essential for a nation like India. But in India,
only during the 20th century, the concept of child rights emerged. Earlier the Father had absolute right and control over his
children and it was an established common law doctrine. This was a practice that was there for centuries. No proper law was
there. Significant developments were made when India ratified the Convention on the rights of children in December 1992.
From the 20th century, children got some proper rights in place for them and this shift or change was significant. The concept of
social justice, empowerment and equity emerged.

United Nation and its effort on child right

After seeing the plight of children across the globe, United Nations decided to create a permanent body especially for Children
which is known as UNICEF. Over the decade UNICEF was successful in addressing a host of problems faced by children.

Significant stride was made when in 1989, UNGA adopted the famous convention of the right of Children. It was the most widely
and rapidly ratified treaty on international human rights in history. It set out the political, cultural, social, health, civil and
economic rights of children. This convention also defined children as a human being whose age is below 18.

India ratified the convention on 11th December 1992 except some special provision related to child labour. In India children
below the age of 18 years can work except hazardous industries. The sad thing is that there is a growing demand for child house-
help. Currently there are approximately 4 million child labour in India according to conservative government report.

Problems of Child in India and the legal framework

The problems that children faces in India are usually child labour, sexual harassment and juvenile justice. They are the problem
that has been bothering the children since independence. Government has tried to curb down these menaces by putting in place
effective legislation, well constructed schemes. Now we will analyze each problem and how government is trying to counter that
separately here:

Child labour

According to the International Labour organization, child labour is defined as work “that deprives children of their childhood,
their potential and their dignity and that is harmful to their physical and mental development. It refers to work that is-

Mentally, socially, physically and morally wrong and can harm them.

By making them work which will deprive them the chance of attending school.

Child labour is a big problem in India. The fact that their wage is minimal makes them an ideal choice for employees. According
to the census of 2011, there are 10.1 million working children who are between the age of 5-14. Major contributors were Uttar
Pradesh, Madhya Pradesh, Bihar, Rajasthan and Maharashtra with nearly 55% child labours of India. However we were
successful to reduce the number of child labour by 2.6 million which was more visible in the rural areas.

Over the last 20 decades, India has put in a number of legislation and schemes to combat this problem. Children who are
separated from their family now remain in a proper economically stable family home and get the chance to get educated
properly. The main reason of child labour in India is illiteracy and lack of employment. Effort has been there to tackle it in its
root. To dodge the legislations we have put into place, the method of child labour has changed. From the formal setting of
factories and shops, it can be seen that the children are employed into business owners’ houses. Child labour is often gender
specific, like boys are employed into more physically demanding job whereas girls can be seen in a household job.

Government legislation and scheme to tackle child labour

Some of the effective government legislations and scheme in place is The Child and Adolescent (Prohibition and Regulation) Act,
1986 and National Child Labour Project (NCLP) scheme. We will discuss and analyze both of them here-

The Child and Adolescent (Prohibition and Regulation) Act, 1986

Section 3 and Section 3A of this Act lays down strict guidelines. Section 3 states that a child shall not be employed in any
occupation other than his family enterprises and business if its not a hazardous industry during his vacation after school hours
and a child can work as an artist in audio visual entertainment industry within safety measure. Section 3A ban employment of a
child in any hazardous industry completely. Section 5 of the Act directs the central Government to appoint a Technical advisory
committee to lay down guidelines as to which industry is hazardous and which one is not, so confusion is generally avoided.
Section 6 lays down the places in which a child can work.

Section 7 lays down the limited hour of work and compulsory holiday related provision which enables the child to get ample
time to nurture himself and fulfill his potential. According to Section 9, the owner of such an establishment where children work
is bound to send a notice to the inspector regarding the work the children are supposed to do there which reduces the chance of
any mishap. According to Section 11 of this Act, such an employer is directed to maintain a registrar for inspection by inspectors
which contains the name of child employee, hours and types of work they are supposed to do. This has ensured greater
transparency in the entire proceedings unlike earlier times. According to Article 13 of this Act directs the employer to ensure
proper health conditions in the workplace. Article 14 of this Act lays down penalties for the violation of this Act, which is
minimum 6 months and maximum 2 years or fine which may extend to Rs. 50000 and Article 14A of this Act makes practicing
child labour a Cognizable offence and Article 14C provides for the rehabilitation of the child who were a victim of Child labour.

This Act can be treated as one of the most important legislation in this matter. This Act did a remarkable job by lying down
norms, which industry is hazardous for children and which industry is not. Earlier, a lot of children were employed in the brick
industry, chemical and fertilizer industry but after the commencement of this Act, such practices were dropped. Regular
inspection in certain factories ensured that the owner of those factories adhere to prescribed standards and norms.
Rehabilitating child, who are victim of child labour ensured that those children who suffered can have a chance of returning to
the mainstream society.

National Child Labour project scheme

The National Child Labour project scheme was started by the Ministry of Labour and Employment in 1988. The 1st target was 12
district which had serious problems of Child labour. Target was to rehabilitate the kids who were victim of child labour. Under
this scheme, the ministry took various productive surveys of child labour in various hazardous industry. Unidentified children
from those surveys were withdrawn from occupation and sent to special school so that they can return to the mainstream
society. Those special schools provided the child useful vocational training, bridge course, mid day meal and stipend of rupees
150 per month and free health care facility. The authority to implement this project was with a society headed by the District
Magistrate or collector. Members of the society were drawn from various reputed NGO, Concerned government departments,
panchayats etc. The responsibility of the funding of this project was with the central government. As of now, there are 6000
operational special schools under this project and more than 10 lakh kids, who have been able to return to the mainstream
society with the help of this project.

M.C. Mehta VS State of Tamilnadu & Ors.

In 1986, eminent environmental lawyer M.C. Mehta filed a writ petition before the honorable Supreme Court of India indicating
the gross violation of Article 24 which is happening in Shivkasi, Tamilnadu. Article 24 of the Indian Constitution, which is also a
fundamental right state that no children below the age of 14 year shall be employed to work in any factory or mine or engaged
in any other hazardous employment. Shivkasi, which is famous for firecracker industry, employs a large number of child labour,
which violates Article 24. The judges felt that despite having such constitutional provision in place, violation of Article 39(f) and
Article 45 is taking place which ensure that children get the chance to leave with dignity and get proper chance to get educated.

Sexual offences and abuse against children

The World Health Organization provides a perfect definition for Sexual offences and abuse against children. It is the involvement
of children in a sexual activity which he can’t comprehend or understand and give informed consent and which violates the law
of society. It also involves touching the child inappropriately, sexual intercourse, involving the child in pornography or
prostitution or online child luring by cyber predator.

In India, every 15 minutes, a child becomes the victim of sexual abuse as reported by a report from the National Crime record
Bureau which shows the seriousness of this evil in India. As reported by the report on crime released by the then Home Minister
Rajnath Singh in 2016, 106958 crimes against children were reported and out of them, 36022 cases were registered under the
POCSO (Protection of Children from sexual offences) Act.

Sexual offences and abuse against children

The World Health Organization provides a perfect definition for Sexual offences and abuse against children. It is the involvement
of children in a sexual activity which he can’t comprehend or understand and give informed consent and which violates the law
of society. It also involves touching the child inappropriately, sexual intercourse, involving the child in pornography or
prostitution or online child luring by cyber predator.

In India, every 15 minutes, a child becomes the victim of sexual abuse as reported by a report from the National Crime record
Bureau which shows the seriousness of this evil in India. As reported by the report on crime released by the then Home Minister
Rajnath Singh in 2016, 106958 crimes against children were reported and out of them, 36022 cases were registered under the
POCSO (Protection of Children from sexual offences) Act.

Juvenile Justice

Juvenile justice is one of the most important issues the world is facing now. Children who are often arrested for the crimes they
commit don’t get the protection which they are entitled under the much debated Convention on the Right of the Child. Some
states also treat children, who commit serious crimes as an adult during their trial. The International prohibition on detaining
children as adults is also often violated.

Children right to education

Right to proper education is an integral part of the development of any child. As Nelson Mandela properly mentioned that
education is the most powerful weapon which can change the world. In India also, right to free education has been guaranteed
to the children under Article 21A which is also a fundamental right under the Part III of the constitution of India. It orders every
state to ‘provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state
may by law determine’. This has been subsequently backed up by the Right of Children to Free and Compulsory Education Act,
2009.

Now we will discuss various schemes which were started by the government to make elementary education accessible to all
children.

Sarva Shiksha Abhiyan

Sarva Shiksha Abhiyan is a flagship scheme of the government of India whose main aim is the universalization of elementary
education (UEE) in a time bound manner as provided in the 86th amendment to the Constitution of India, making education
compulsory for children between the age group of 6-14 years. This scheme is a partnership between the central government and
respective state governments. The main aim of this scheme is to open more and more schools in the rural area which lack
proper facilities and also to strengthen the existing school, making them more modern. They give training to the teachers of
those schools and also add new teachers to the schools who lack them. Teacher learning manual is also being provided which
allows the teachers to extend their capacity. This scheme is giving more and more important to girls education and has included
training which provides them with necessary life skills. Special attention to special children is also given.

Beti Bachao Beti Padhao Scheme

Girls in India are victim of both pre birth discrimination and post birth discrimination. There should be coordinated effort to
ensure that girls get proper educational facilities. Although the Sarva Shiksha Abhiyan tries to improve the situation to some
extent, it is not at all enough. That’s why the government implemented the famous Beti Bachao Beti Padhao scheme. This is
being implemented through a national level campaign in every state and UT in India as a joint initiative between the Ministry of
Women and Child development, Ministry of Human resource and development and Ministry of Health and family welfare. The
main aim of the scheme is to eliminate gender discrimination, ensuring survival and protection of vulnerable girl child and
ensuring that girls properly participate in education and to improve the ever declining child sex ratio.

The scheme has been successful so far and has been able to improve the child sex ratio to some extent as awareness;
consciousness has increased among the masses about this issue. The latest data released by the Health management
information system (HMIS) in 161 district indicates that sex ratio during birth has increased significantly.

Operation Blackboard

The National policy of education which was started by the Rajiv Gandhi government aimed for improvement in elementary
education. The major project to improve school education was operation Blackboard. The minimum criteria for a primary school
were laid down as two rooms, two teachers and some essential teaching learning Aids or TLA. This TLA included a science kit,
math kit, maps, blackboard etc. All existing schools were upgraded to this level in lieu of this project. This project sought to
achieve the target of improvement in both teaching and learning process.

Child Marriage
Child marriage is a violation of child right which hampers the physical, mental aspect of the child. It also affects society as a
whole since it is a part of the prevailing cycle of poverty and also encourages gender discrimination. It also increases the high
infant and maternal mortality rate. Although both boys and girls get hampered in this process, it’s the girls who suffer the most.

Government schemes and legislations

Efforts have been there on the part of the government to ensure that instances of child marriage doesn’t happen in India.
Various effective legislations have been carved out to fight this menace and one of the most important among them is The
Prohibition of Child Marriage Act, 2006.

The prohibition of Child Marriage Act, 2006

This Act lays down some important provisions to deal with the issue and covers an extensive area. Section 3 of this Act can be
called one of the most important sections as it makes the marriage void at the option of the party who was child during such
marriage. According to Section 8 of the Act, any child born out of such marriage will be given proper shelter keeping his welfare
in mind as directed by district court and such child will be legitimate child for every purpose. Section 9 calls out the punishment
and says that any male who is over the age of 18 marries any minor, shall get punishment for 2 years of rigorous imprisonment
and the abettor of such marriage and promoter of such marriage will get the same punishment only. Section 12 says that any
child who is taken out of the lawful custody of their guardian by deceitful means and forced into marriage, such marriage will be
null and void and Courts will have power to give injunction under Section 13. Any offence under this Act will be cognizable and
Non-bailable as per Section 15.

The most important part of this Act is that this Act provides that any form of Child Marriage is null and void which sends a
discouraging blow to the people who practice it. Effect punishment of all the parties involved such as the promoter and abettor
will get punishment too which discourage people to do it. It gives children of such marriage legitimate rights like a normal kid
and protects their interest indirectly. Hopefully this Act will be successful in years to come.

B) The Convention on Rights of Child, 1989 is a detail Code on the Rights of Child - Discuss with reason. [16]

Convention on the Rights of the Child (UNCRC)

The UNCRC is a human rights treaty that sets the political, civil, economic, social, health and cultural rights of children.

It is an international agreement that is legally binding on the members.

It consists of 54 articles that spell out various children’s rights and also the measures governments should take in order to make
these rights available to children.

The CRC was adopted by the United Nations in 1989. It entered into force in 1990 after receiving the minimum of 20
ratifications.

It has been ratified by all members of the UN except for the United States. It is the most widely ratified human rights treaty in
the history of the world.

Under the articles of the convention, all parties to it are required to ensure that children’s basic needs are fulfilled and they are
able to reach their full potential.

Rights of the Child

The convention identifies a child as a human being below the age of 18. The CRC acknowledges that every child is entitled to
fundamental rights, and some of the most important rights are as follows:

Right to life, survival and development.

Right to education that facilitates them to reach their full potential.

Right to protection from abuse, violence or neglect.

Right to express opinions and be heard.

Right to be raised by or have a relationship with their parents.

What are the 4 core principles of the Convention on the Rights of the Child?

Non-discrimination
Right to life, survival and development

Best interests of the child

Respect for the child’s views

Brief Timeline of Child Rights Movement

The first time in modern history children’s rights was given importance was when the League of Nations adopted the Geneva
Declaration on the Rights of the Child in 1924. This was drafted by the Eglantyne Jebb, who founded the Save the Children Fund.

UNICEF was founded in 1946.

The Universal Declaration of Human Rights passed in 1948 by the UNGA in which an article mentions mothers and children.

The Declaration of the Rights of the Child adopted by the UNGA in 1959.

The ILO adopts a convention that sets out 18 as the minimum age for people to undertake hazardous work.

The Declaration on the Protection of Women and Children in Emergency and Armed Conflict adopted in 1974.

The UNGA declares 1979 as the International Year of the Child.

In 1989, the UNCRC is adopted.

CRC enters into force in 1990.

As of 2015, all members have ratified the convention excepting for the US.

Also read about Reports Published by International Organizations.

UNCRC Optional Protocols

Three optional protocols have been added to the convention. They are mentioned below:

Protocol asking governments not to enlist children below the age of 18 into the armed forces (2000).

Protocol asking governments to prohibit child pornography, child prostitution, and the sale of children into slavery (2000).

Protocol that enables children who faced violation of their rights to complain directly to the UN Committee on the Rights of the
Child (2011).

It is this Committee that monitors the implementation of the convention. Additionally, UNICEF plays an important role in the
working of the UNCRC.

India and CRC

India ratified the convention in 1992 agreeing in principle, all articles except with certain reservations on issues relating to child
labour. In India, there is a law that children under the age of 18 should not work, but there is no outright ban on child labour,
and the practice is generally permitted in most industries except those deemed hazardous.

C) Examine the protection of Rights of Child in National and International scenario. [16]

Child protection has existed for a long time, much before the 1989 Convention on the Rights of the Child. States began
implementing such protection through international treaties (declarations, conventions, etc.), through statements directly about
children or through indirect means by protecting families and mothers.

In 1923, the League of Nations began preparing a declaration on the rights of the child. Member States ratified this first
declaration in 1924, which contains only five articles. This statement is limited, but it highlights the most important rights of the
child. Article 1: the right to normal development, from a material and spiritual perspective. Article 2: the right to food, to access
to health care, and to help for orphans and the disabled. Article 3: priority access to relief in times of distress. Article 4:
protection against all exploitation. Article 5: access to education in a respectful and welcoming environment.

In 1959, the United Nations created a second declaration on the rights of the child, which puts forward ten important principles,
including: the enjoyment of all the rights provided in the declaration without discrimination; special protection under the law so
that children can develop healthily and normally in physical, mental, moral, spiritual and social terms, under conditions of
freedom and dignity; the right to grow up under the protection and responsibility of their parents; protection of their health and
the right to food; protection for disabled children; the notion of the best interests of the child and the right to education; the
opportunity to receive emergency care in case of distress; protection against all forms of neglect, cruelty and exploitation; the
right to a name and a nationality at birth; non-discrimination based on race, colour, sex, religion, political or non-political
opinion, etc.

However, despite the importance of these two declarations, and the reference that they make to key rights for children, their
legal value is limited because their addressees are not required to abide by them and are committing no offence when they do
not comply.

Finally, the UN Member States decided to establish an agreement on behalf of children that would be respected and binding on
the signatory States. In 1989, the Member States announced the creation of the International Convention on the Rights of the
Child, which has been signed by 193 states. It is considered one of the most ratified conventions in the world and contains civil
and political, as well as cultural, social and economic rights.

This Convention contains 54 articles that explain and specifically point out all the rights of children, including the right to life,
food, protection, education, and the protection of disabled children, etc. The second part of the Convention contains the
compliance and implementation mechanisms of the Convention by the Committee on the Rights of the Child. The Committee is
composed of 18 independent experts who monitor the implementation of the Convention by the signatory states. They also
monitor the implementation of two optional protocols to the Convention.

In May 2000, the United Nations General Assembly adopted and opened for signature two protocols to the International
Convention on the Rights of the Child concerning the sale of children, child prostitution and child pornography, as well as the
involvement of children in armed conflict. These protocols entered into force on 18 January 2002.

On 19 December 2011, the UN General Assembly adopted the Third Optional Protocol to this Convention, establishing an
individual complaints procedure for violations of children’s rights. This Optional Protocol was accepted unanimously by the
United Nations Human Rights Council on 17 June 2011. The Protocol entered into force three months after its tenth ratification.

The State is primarily accountable for the protection of children’s rights, but it is not the only party, since other national and
international organisations are also responsible. Everyone must participate in this protection when there is a violation of these
rights. As an example, our organisation, Humanium, often receives emails from civilians who contact us to inform us about an
unacceptable video on Facebook or YouTube showing a violation of children’s rights. Therefore, everyone – including you
yourself – is responsible for protecting children around them.

While we may not have been able to eliminate discrimination, put an end to war, eradicate hunger in the world, or stop other
violations of human rights and children’s rights, we must do all we can to protect our children. They are our future and we hope
that they can carry out all that we have not been able to achieve: to spread the spirit of love and peace in the world.

3. (A) Critically analyse protection of rights on women with reference to Indian Judicial decisions and the Convention on
Elimination of Discrimination against women, 1979. [16] OR, Write a note on 'elimination of discrimination against women' with
special reference to human rights. [16]

SOURCES OF WOMEN’S HUMAN RIGHTS IN INDIA

WOMEN’S HUMAN RIGHTS UNDER CONSTITUTIONAL

The Indian constitution is the supreme law and backbone of India; all other laws get authority from the provisions of the
constitution. ‘Indian constitution secures for all its citizens “justice” – social, economic and political, “liberty” – of thoughts,
expression, belief, faith and worship, “equality” – of status and of opportunity………and dignity of the individual and the integrity
of the nation.’[12] with such wordings, the preamble of the Indian constitution ensures the basic human rights of all men as well
as women. The constitution of India is known for its idea of equality among men and women. However, a special protection has
also been provided to women under the provisions of the constitution from the perspective of human rights of women.

Right to equality under article 14: Article 1 of UDHR[13] declares that all human beings are born free and equal in dignity and
rights and article 7 of UDHR[14] provides for equality before law. Under the constitutional framework of India, the status of
women is equal to men in the eyes of law because the state cannot deny to any person equality before the law or the equal
protection of laws within the territory of India.

Right against discrimination: Article 2 of UDHR assures all the rights and freedoms without any discrimination. Article 7 also talks
about equal protection against discrimination. Under article 15 of constitution of India, Indian citizens can also not be
discriminated on the basis of their sex by any government authority because the state cannot discriminate against any citizen on
ground only of religion, race, caste, sex, and place of birth or any of them.
Furthermore, no citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any
disability, liability, restriction or condition with regard to: (a) assess to shops, public restriction, hotels and places public
entertainment or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintain wholly or partly out of
state funds or dedicated to the use of the general public[15] however, state can make special provisions for women under clause
(3) of the article as exceptions to the principles of non-discrimination.

Right to equal opportunity in public employment: Women are able to get equal opportunity pertaining to public employment
because there is equality of opportunity for all citizens, whether males or females, in matters relating to employment or
appointment to any office under state and no citizen can, on grounds only of religion, race, caste, sex, descent, place of birth,
residence or any of them,[16] be ineligible for or discriminated against in respect of any employment or office under the state.
However, government has authority to make rules for reservation.

Right to freedom of speech and expression: Everyone has right to freedom of opinion and expression under article 19 of UDHR.
Women can raise their voice for any matter affecting them by using their right under article 19 (1) (a) of Indian constitution
which guarantees freedom of speech and expression to all citizens.

Right to work: UDHR in its article 23(1) confirms right to work, to free choice of employment, to just and favourable conditions
of work and to protection against unemployment to everyone. Recognising such right in its structure Indian constitution through
article 19 (1) (g) provides the right to work to Indian women by ensuring freedom to all citizens for occupation, profession and
business. Even the sexual harassment of women at workplace (prevention, prohibition and redressal) act, 2013 was passed after
the case of Vishaka and ors. V state of Rajasthan[17] to make women work freely and comfortable.

Right to life and personal liberty: Right to life, liberty and security of person has been recognised under article 3 of UDHR. Article
21 of Indian constitution also provides right to live to all women and men as per their own choice by constitutional guarantee
that no person shall be deprived of his/her life or personal liberty except according to procedure established by law.

Right against exploitation: Article 5 of UDHR protects against torture or cruel, inhuman or degrading treatment. Indian
constitution under article 23 protects against human trafficking and bonded labour, which works as a shield for women’s safety
and ensures their right to work. For implementing the idea of this article, Indian parliament enacted the suppression of immoral
trafficking in women and girls act, 1956 which was renamed as the immoral trafficking (prevention) act, 1956. Constitutional
scheme of directive principles of state policy directs the state to secure the idea of women’s right in the society. These are the
relevant articles in this regard.

Right to livelihood: Article 39 (a) provides that the citizen, whether men or women, equally have the right to an adequate means
to livelihood. Same right has been recognised under article 23(3) of UDHR which says that everyone who works has the right to
just and favourable remuneration.

Equal pay for equal work: Under article 39 (d), Indian constitution ensures that the state shall, particular; direct its policy
towards securing that there is equal pay for equal work for not only men but also women. UDHR under article 23(2) also
provides such right.

Right to health: Through article 39 (e), constitution of India guarantees that the state shall direct its policy towards securing that
the health and strength of workers, men as well as women and the tender age of children are not abused and none of them are
not forced by economic necessity to enter avocations unsuited to their age or strength. Article 25(1) of UDHR also provides right
to a standard of living adequate for health and well-being.

Equal justice and free legal aid: Under article 39(a) of the constitution aids those who are unable to afford legal expenses of
lawyers. So, the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and
shall provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic or other disabilities.

Just and human conditions of work and maternity relief: Article 42 of the constitution directs that the state shall make provision
for securing just and human conditions of work and for maternity relief.

Right of constitutional remedies: In case of the violation of any of these fundamental rights, the aggrieved woman can move
supreme court and high court and file writ petition under article 32 and article 226 for seeking remedy but there is no such
mechanism available in case of directive principles of state policy, which are not enforceable by any court under writ jurisdiction.
The state is under duty to implement such principles through its policy. Hence, directive principles of state policy impose a moral
obligation on the state for their implementation.[18]

WOMEN’S HUMAN RIGHTS PROTECTED UNDER VARIOUS LEGISLATIONS

To uphold the Constitutional mandate, the State has enacted various legislative measures intended to ensure equal rights, to
counter social discrimination and various forms of violence and atrocities and to provide support services especially to working
women. Although women may be victims of any of the crimes such as ‘Murder’, ‘Robbery’, ‘Cheating’ etc, the crimes, which are
directed specifically against women, are characterized as ‘Crime against Women’ These are broadly classified under two
categories.

(1) The Crimes Identified Under the Indian Penal Code (IPC)

Rape (Sec. 376 IPC)

Kidnapping & Abduction for different purposes ( Sec. 363-373)

Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC)

Torture, both mental and physical (Sec. 498-A IPC)

Molestation (Sec. 354 IPC)

Sexual Harassment (Sec. 509 IPC)

Importation of girls (up to 21 years of age)

(2) The Crimes identified under the Special Laws (SLL)

Although all laws are not gender specific, the provisions of law affecting women significantly have been reviewed periodically
and amendments carried out to keep pace with the emerging requirements.[19] Some acts which have special provisions to
safeguard women and their interests are:

The Employees State Insurance Act, 1948

The Plantation Labour Act, 1951

The Family Courts Act, 1954

The Special Marriage Act, 1954

The Hindu Marriage Act, 1955

The Hindu Succession Act, 1956 with amendment in 2005

Immoral Traffic (Prevention) Act, 1956

The Maternity Benefit Act, 1961 (Amended in 1995)

Dowry Prohibition Act, 1961

The Medical Termination of Pregnancy Act, 1971

The Contract Labour (Regulation and Abolition) Act, 1976

The Equal Remuneration Act, 1976

The Prohibition of Child Marriage Act, 2006

The Criminal Law (Amendment) Act, 1983

The Factories (Amendment) Act, 1986

Indecent Representation of Women (Prohibition) Act, 1986

Commission of Sati (Prevention) Act, 1987

The Protection of Women from Domestic Violence Act, 2000

WOMEN’S HUMAN RIGHTS PROTECTED UNDER CONSTUTION AND VARIOUS LEGISLATIONS TOGETHER

Various legislations led together with constitution in India which recognised women’s human rights in form of their legal rights
and provide protection to them. These laws are very important in order to ensure the overall empowerment of women.
1. Right to live with Dignity: Under article 51 (A) (e),[20] it is a fundamental duty of every citizen of India to renounce the
practices derogatory to the dignity of women. Article 21[21] also confirms that every person has a right to live dignity full life. So,
the women also have such right under which they can oppose the practices which are against their self-respect. As per legal
provisions,

No woman can be presented indecently in any publications, paintings, writings, and advertisement or in any other way, if it is
done so, it will be an offence under the provisions of Indecent Representation of Women (Prohibition) Act, 1986. If any person
pulls Dupatta, Sari or any piece of their dress, they can lodge a complaint under Section 354 of Indian Penal Code, 1860. In case
of occurrence of such incident at workplace, she can move her complaint under Sexual Harassment of Women at Work Place
(Prevention, Prohibition and Redressal) Act.

In rape cases, First Information Report can be lodged under Section 376 in which the name and the identity of the victim woman
will be kept under secrecy and not to be disclosed because the disclosure of the identity of such aggrieved women is itself an
offence under section 228-A of Indian Penal Code, 1860 punishable with imprisonment up to 2 years and fine.

2. Right to Use Earnings: Women have the right to use the money as per their wish which they earn. In past centuries, women
had the right only on the property called “Stridhan” but the enactment of Married Women’s Right on Property Act, 1834,
extended the definition of women’s personal property which includes:

Earning or salary from business, profession or service,

Earning from scientific, literature or artistic skills,

Saving from salary or capital gain, and

Insurance policy of women.

These all properties are included in their earnings which can be utilized by women as they wish.

3. Right to own Property: The Hindu Succession Act, 1956 conferred absolute ownership to Hindu women on the properties
possessed by her under section 14(1). The Apex Court upheld section 14(1) of the Hindu Succession Act, 1956 in Harak Singh v.
Kailash Singh and Anr.[22] This Act enlarged limited estate of Hindu women and also abolished the reversionary rights to a great
extent. So, Hindu women have got full rights on properties earned or acquired by her in gift or will.

4. Right to Private Defence: Many times, a woman finds herself in very difficult situations that apprehend immediate assault on
her. If there is no one to save her or rescue her from such assault, the law empowers her to defend herself in form of ‘Right to
Private Defence’. Right of self-preservation existed during ancient India and self-help was the first rule of criminal law.[23] At
present, such right has been given to women under sections 96, 98,100,102 and 103 of Indian penal code, 1860, which can be
practised by women in adverse situations.

Convention on the Elimination of all forms of Discrimination Against Women

The States Parties to the present Convention,

Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in the dignity and worth of the
human person and in the equal rights of men and women,

Noting that the Universal Declaration of Human Rights affirms the principle of the inadmissibility of discrimination and proclaims
that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms
set forth therein, without distinction of any kind, including distinction based on sex,

Noting that the States Parties to the International Covenants on Human Rights have the obligation to ensure the equal rights of
men and women to enjoy all economic, social, cultural, civil and political rights,

Considering the international conventions concluded under the auspices of the United Nations and the specialized agencies
promoting equality of rights of men and women,

Noting also the resolutions, declarations and recommendations adopted by the United Nations and the specialized agencies
promoting equality of rights of men and women,

Concerned, however, that despite these various instruments extensive discrimination against women continues to exist,

Recalling that discrimination against women violates the principles of equality of rights and respect for human dignity, is an
obstacle to the participation of women, on equal terms with men, in the political, social, economic and cultural life of their
countries, hampers the growth of the prosperity of society and the family and makes more difficult the full development of the
potentialities of women in the service of their countries and of humanity,
Concerned that in situations of poverty women have the least access to food, health, education, training and opportunities for
employment and other needs,

Convinced that the establishment of the new international economic order based on equity and justice will contribute
significantly towards the promotion of equality between men and women,

Emphasizing that the eradication of apartheid, all forms of racism, racial discrimination, colonialism, neo-colonialism, aggression,
foreign occupation and domination and interference in the internal affairs of States is essential to the full enjoyment of the
rights of men and women,

Affirming that the strengthening of international peace and security, the relaxation of international tension, mutual co-operation
among all States irrespective of their social and economic systems, general and complete disarmament, in particular nuclear
disarmament under strict and effective international control, the affirmation of the principles of justice, equality and mutual
benefit in relations among countries and the realization of the right of peoples under alien and colonial domination and foreign
occupation to self-determination and independence, as well as respect for national sovereignty and territorial integrity, will
promote social progress and development and as a consequence will contribute to the attainment of full equality between men
and women,

Convinced that the full and complete development of a country, the welfare of the world and the cause of peace require the
maximum participation of women on equal terms with men in all fields,

Bearing in mind the great contribution of women to the welfare of the family and to the development of society, so far not fully
recognized, the social significance of maternity and the role of both parents in the family and in the upbringing of children, and
aware that the role of women in procreation should not be a basis for discrimination but that the upbringing of children requires
a sharing of responsibility between men and women and society as a whole,

Aware that a change in the traditional role of men as well as the role of women in society and in the family is needed to achieve
full equality between men and women,

Determined to implement the principles set forth in the Declaration on the Elimination of Discrimination against Women and,
for that purpose, to adopt the measures required for the elimination of such discrimination in all its forms and manifestations,

(C) Discuss the various rights of women recognised under International Convention on elimination of discrimination against
Women, 1979. [16]

PART I

Article I

For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or
restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or
exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social, cultural, civil or any other field.

Article 2

States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without
delay a policy of eliminating discrimination against women and, to this end, undertake: (a) To embody the principle of the
equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to
ensure, through law and other appropriate means, the practical realization of this principle;

(b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination
against women;

(c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national
tribunals and other public institutions the effective protection of women against any act of discrimination;

(d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and
institutions shall act in conformity with this obligation;

(e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;

(f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices
which constitute discrimination against women;
(g) To repeal all national penal provisions which constitute discrimination against women.

Article 3

States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures,
including legislation, to en sure the full development and advancement of women , for the purpose of guaranteeing them the
exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.

Article 4

1. Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women
shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the
maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of
opportunity and treatment have been achieved.

2. Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at
protecting maternity shall not be considered discriminatory.

Article 5

States Parties shall take all appropriate measures: (a) To modify the social and cultural patterns of conduct of men and women,
with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the
inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;

(b) To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the
common responsibility of men and women in the upbringing and development of their children, it being understood that the
interest of the children is the primordial consideration in all cases.

Article 6

States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation
of prostitution of women.

PART II

Article 7

States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the
country and, in particular, shall ensure to women, on equal terms with men, the right: (a) To vote in all elections and public
referenda and to be eligible for election to all publicly elected bodies;

(b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform
all public functions at all levels of government;

(c) To participate in non-governmental organizations and associations concerned with the public and political life of the country.

Article 8

States Parties shall take all appropriate measures to ensure to women, on equal terms with men and without any discrimination,
the opportunity to represent their Governments at the international level and to participate in the work of international
organizations.

Article 9

1. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in
particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change
the nationality of the wife, render her stateless or force upon her the nationality of the husband.

2. States Parties shall grant women equal rights with men with respect to the nationality of their children.

PART III

Article 10

States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal
rights with men in the field of education and in particular to ensure, on a basis of equality of men and women: (a) The same
conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational
establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical,
professional and higher technical education, as well as in all types of vocational training;

(b) Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school
premises and equipment of the same quality;

(c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by
encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of
textbooks and school programmes and the adaptation of teaching methods;

(d ) The same opportunities to benefit from scholarships and other study grants;

(e) The same opportunities for access to programmes of continuing education, including adult and functional literacy
programmes, particulary those aimed at reducing, at the earliest possible time, any gap in education existing between men and
women;

(f) The reduction of female student drop-out rates and the organization of programmes for girls and women who have left
school prematurely;

(g) The same Opportunities to participate actively in sports and physical education;

(h) Access to specific educational information to help to ensure the health and well-being of families, including information and
advice on family planning.

Article 11

1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in
order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to work as an inalienable
right of all human beings;

(b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of
employment;

(c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of
service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and
recurrent training;

(d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as
equality of treatment in the evaluation of the quality of work;

(e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other
incapacity to work, as well as the right to paid leave;

(f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of
reproduction.

2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right
to work, States Parties shall take appropriate measures: (a) To prohibit, subject to the imposition of sanctions, dismissal on the
grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status;

(b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or
social allowances;

(c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with
work responsibilities and participation in public life, in particular through promoting the establishment and development of a
network of child-care facilities;

(d) To provide special protection to women during pregnancy in types of work proved to be harmful to them.

3. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and
technological knowledge and shall be revised, repealed or extended as necessary.

Article 12
1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in
order to ensure, on a basis of equality of men and women, access to health care services, including those related to family
planning.

2. Notwithstanding the provisions of paragraph I of this article, States Parties shall ensure to women appropriate services in
connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate
nutrition during pregnancy and lactation.

Article 13

States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and
social life in order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to family
benefits;

(b) The right to bank loans, mortgages and other forms of financial credit;

(c) The right to participate in recreational activities, sports and all aspects of cultural life.

Article 14

1. States Parties shall take into account the particular problems faced by rural women and the significant roles which rural
women play in the economic survival of their families, including their work in the non-monetized sectors of the economy, and
shall take all appropriate measures to ensure the application of the provisions of the present Convention to women in rural
areas.

2. States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure,
on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall
ensure to such women the right:

(a) To participate in the elaboration and implementation of development planning at all levels;

(b) To have access to adequate health care facilities, including information, counselling and services in family planning;

(c) To benefit directly from social security programmes;

(d) To obtain all types of training and education, formal and non-formal, including that relating to functional literacy, as well as,
inter alia, the benefit of all community and extension services, in order to increase their technical proficiency;

(e) To organize self-help groups and co-operatives in order to obtain equal access to economic opportunities through
employment or self employment;

(f) To participate in all community activities;

(g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and
agrarian reform as well as in land resettlement schemes;

(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and
communications.

PART IV

Article 15

1. States Parties shall accord to women equality with men before the law.

2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to
exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and
shall treat them equally in all stages of procedure in courts and tribunals.

3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at
restricting the legal capacity of women shall be deemed null and void.

4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons
and the freedom to choose their residence and domicile.

Article 16
1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage
and family relations and in particular shall ensure, on a basis of equality of men and women: (a) The same right to enter into
marriage;

(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;

(c) The same rights and responsibilities during marriage and at its dissolution;

(d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all
cases the interests of the children shall be paramount;

(e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the
information, education and means to enable them to exercise these rights;

(f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar
institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount;

(g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation;

(h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and
disposition of property, whether free of charge or for a valuable consideration.

2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be
taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.

PART V

Article 17

1. For the purpose of considering the progress made in the implementation of the present Convention, there shall be
established a Committee on the Elimination of Discrimination against Women (hereinafter referred to as the Committee)
consisting, at the time of entry into force of the Convention, of eighteen and, after ratification of or accession to the Convention
by the thirty-fifth State Party, of twenty-three experts of high moral standing and competence in the field covered by the
Convention. The experts shall be elected by States Parties from among their nationals and shall serve in their personal capacity,
consideration being given to equitable geographical distribution and to the representation of the different forms of civilization as
well as the principal legal systems.

2. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State
Party may nominate one person from among its own nationals.

3. The initial election shall be held six months after the date of the entry into force of the present Convention. At least three
months before the date of each election the Secretary-General of the United Nations shall address a letter to the States Parties
inviting them to submit their nominations within two months. The Secretary-General shall prepare a list in alphabetical order of
all persons thus nominated, indicating the States Parties which have nominated them, and shall submit it to the States Parties.

4. Elections of the members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at
United Nations Headquarters. At that meeting, for which two thirds of the States Parties shall constitute a quorum, the persons
elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes
of the representatives of States Parties present and voting.

5. The members of the Committee shall be elected for a term of four years. However, the terms of nine of the members elected
at the first election shall expire at the end of two years; immediately after the first election the names of these nine members
shall be chosen by lot by the Chairman of the Committee.

6. The election of the five additional members of the Committee shall be held in accordance with the provisions of paragraphs 2,
3 and 4 of this article, following the thirty-fifth ratification or accession. The terms of two of the additional members elected on
this occasion shall expire at the end of two years, the names of these two members having been chosen by lot by the Chairman
of the Committee.

7. For the filling of casual vacancies, the State Party whose expert has ceased to function as a member of the Committee shall
appoint another expert from among its nationals, subject to the approval of the Committee.

8. The members of the Committee shall, with the approval of the General Assembly, receive emoluments from United Nations
resources on such terms and conditions as the Assembly may decide, having regard to the importance of the Committee's
responsibilities.
9. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of
the functions of the Committee under the present Convention.

Article 18

1. States Parties undertake to submit to the Secretary-General of the United Nations, for consideration by the Committee, a
report on the legislative, judicial, administrative or other measures which they have adopted to give effect to the provisions of
the present Convention and on the progress made in this respect: (a) Within one year after the entry into force for the State
concerned;

(b) Thereafter at least every four years and further whenever the Committee so requests.

2. Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under the present Convention.

Article 19

1. The Committee shall adopt its own rules of procedure.

2. The Committee shall elect its officers for a term of two years.

Article 20

1. The Committee shall normally meet for a period of not more than two weeks annually in order to consider the reports
submitted in accordance with article 18 of the present Convention.

2. The meetings of the Committee shall normally be held at United Nations Headquarters or at any other convenient place as
determined by the Committee. (amendment, status of ratification)

Article 21

1. The Committee shall, through the Economic and Social Council, report annually to the General Assembly of the United Nations
on its activities and may make suggestions and general recommendations based on the examination of reports and information
received from the States Parties. Such suggestions and general recommendations shall be included in the report of the
Committee together with comments, if any, from States Parties.

2. The Secretary-General of the United Nations shall transmit the reports of the Committee to the Commission on the Status of
Women for its information.

Article 22

The specialized agencies shall be entitled to be represented at the consideration of the implementation of such provisions of the
present Convention as fall within the scope of their activities. The Committee may invite the specialized agencies to submit
reports on the implementation of the Convention in areas falling within the scope of their activities.

PART VI

Article 23

Nothing in the present Convention shall affect any provisions that are more conducive to the achievement of equality between
men and women which may be contained: (a) In the legislation of a State Party; or

(b) In any other international convention, treaty or agreement in force for that State.

Article 24

States Parties undertake to adopt all necessary measures at the national level aimed at achieving the full realization of the rights
recognized in the present Convention.

Article 25

1. The present Convention shall be open for signature by all States.

2. The Secretary-General of the United Nations is designated as the depositary of the present Convention.

3. The present Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of
the United Nations.
4. The present Convention shall be open to accession by all States. Accession shall be effected by the deposit of an instrument of
accession with the Secretary-General of the United Nations.

Article 26

1. A request for the revision of the present Convention may be made at any time by any State Party by means of a notification in
writing addressed to the Secretary-General of the United Nations.

2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such a request.

Article 27

1. The present Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the
United Nations of the twentieth instrument of ratification or accession.

2. For each State ratifying the present Convention or acceding to it after the deposit of the twentieth instrument of ratification
or accession, the Convention shall enter into force on the thirtieth day after the date of the deposit of its own instrument of
ratification or accession.

Article 28

1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at
the time of ratification or accession.

2. A reservation incompatible with the object and purpose of the present Convention shall not be permitted.

3. Reservations may be withdrawn at any time by notification to this effect addressed to the Secretary-General of the United
Nations, who shall then inform all States thereof. Such notification shall take effect on the date on which it is received.

Article 29

1. Any dispute between two or more States Parties concerning the interpretation or application of the present Convention which
is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date
of the request for arbitration the parties are unable to agree on the organization of the arbitration, any one of those parties may
refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

2. Each State Party may at the time of signature or ratification of the present Convention or accession thereto declare that it
does not consider itself bound by paragraph I of this article. The other States Parties shall not be bound by that paragraph with
respect to any State Party which has made such a reservation.

3. Any State Party which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw that
reservation by notification to the Secretary-General of the United Nations.

Article 30

The present Convention, the Arabic, Chinese, English, French, Russian and Spanish texts of which are equally authentic, shall be
deposited with the Secretary-General of the United Nations.

IN WITNESS WHEREOF the undersigned, duly authorized, have signed the present Convention.

4(A) Public Interest Litigation (8)

What is Public Interest Litigation?

Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of “Public Interest”. Any matter where
the interest of the public at large is affected can be redressed by filing a Public Interest Litigation in a court of law such as
Pollution, Terrorism, Road safety, Constructional hazards, etc.

The expression ‘Public Interest Litigation’ has been borrowed from American jurisprudence, where it was designed to provide
legal representation to previously unrepresented groups like the poor, the racial minorities, unorganized consumers, citizens
who were passionate about the environmental issues, etc.

PIL is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of the public at large. It is
the power given to the public by courts through judicial activism. Read in detail on the Judicial Activism on the linked page.
However, the person filing the petition must prove to the court’s satisfaction that the petition is being filed for public interest
and not just as a frivolous litigation by a busy body.

Some of the matters which are entertained under Public Interest Litigation are Neglected Children, Bonded Labour matters,
Atrocities on Women, Non-payment of minimum wages to workers, exploitation of casual workers, food adulteration,
Environmental pollution, and disturbance of ecological balance, Maintenance of heritage and culture, etc.

Public Interest Litigation (PIL) in India

A Public Interest Litigation (PIL) is introduced in a court of law not by the aggrieved party but by a private party or by the court
itself.

PILs have become a potent tool for enforcing the legal obligation of the executive and the legislature.

The chief objective behind PILs is ensuring justice to all and promoting the welfare of the people.

It is generally used to safeguard group interests and not individual interests, for which Fundamental Rights have been provided.

The Supreme Court of India and the High Courts have the right to issue PILs.

The concept of PILs stems from the power of judicial review.

The concept of PILs has diluted the principle of locus standi, which implies that only the person/party whose rights have been
infringed upon can file petitions.

It has most ideally and commonly been used to challenge the decisions of public authorities by judicial review, to review the
lawfulness of a decision or action, or a failure to act, by a public body.

PILs have played an important role in India’s polity. They have been responsible for some landmark judgements in India such as
the banning of the instant triple talaq, opened up the doors of the Sabarimala and the Haji Ali shrines to women, legalised
consensual homosexual relations, legalised passive euthanasia, and so on.

Procedure to File PIL in India

Any Indian citizen or organisation can move the court for a public interest/cause by filing a petition:

In the SC under Article 32

In the High Courts under Article 226

The court can treat a letter as a writ petition and take action on it. The court has to be satisfied that the writ petition complies
with the following: the letter is addressed by the aggrieved person or a public-spirited individual or a social action group for the
enforcement of legal or constitutional rights to any person who, upon poverty or disability, are not able to approach the court
for redress. The court can also take action on the basis of newspaper reports if it is satisfied with the case.

Significance of Public Interest Litigation (PIL) in India

The original purpose of PILs has been to make justice accessible to the poor and the marginalized.

It is an important tool to make human rights reach those who have been denied rights.

It democratizes the access of justice to all. Any citizen/agency who is capable can file petitions on behalf of those who cannot or
do not have the means to do so.

It helps in judicially monitoring state institutions like prisons, asylums, protective homes, etc.

It is an important tool in judicial review.

. Check the latest example related to PIL below:

PIL was moved to quash the PM CARES fund

Public Interest Litigation has been filed in the Supreme Court of India seeking directions to the Government of India to make
arrangements in order to rescue and bring the Indian Migrants stranded in Gulf Countries

(B) Freedom of Speech and Expression. (8)

Freedom of Speech - Article 19(1)(a)

The Constitution of India guarantees freedom of speech and expression to all citizens. It is enshrined in Article 19(1)(a). This
topic is frequently seen in the news and is hence, very important for the IAS Exam. In this article, you can read all about Article
19(1)(a) and its provisions.

The NCERT Notes for UPSC are crucial for a well-rounded IAS Exam preparation. Download them now!!The following links will
further help their candidates in their exam preparation:Download UPSC Indian Polity Notes PDF (Free)Yojana Magazine – Social
Empowerment (August 2018 Gist)Daily Video Analysis – The HinduTake the Current Affairs QuizDownload NCERT Notes for UPSC
(Free)Download UPSC Notes PDF (Free)Take the IAS Mock Tests

Article 19(1)(a)

According to Article 19(1)(a): All citizens shall have the right to freedom of speech and expression.

7,682

This implies that all citizens have the right to express their views and opinions freely.

This includes not only words of mouth, but also a speech by way of writings, pictures, movies, banners, etc.

The right to speech also includes the right not to speak.

The Supreme Court of India has held that participation in sports is an expression of one’s self and hence, is a form of freedom of
speech.

In 2004, the SC held that hoisting the national flag is also a form of this freedom.

Freedom of the press is an inferred freedom under this Article.

This right also includes the right to access information because this right is meaningless when others are prevented from
knowing/listening. It is according to this interpretation that the Right to Information (RTI) is a fundamental right.

The SC has also ruled that freedom of speech is an inalienable right adjunct to the right to life (Article 21). These two rights are
not separate but related.

Restrictions on the freedom of speech of any citizen may be placed as much by an action of the state as by its inaction. This
means that the failure of the State to guarantee this freedom to all classes of citizens will be a violation of their fundamental
rights.

The right to freedom of speech and expression also includes the right to communicate, print and advertise information.

This right also includes commercial as well as artistic speech and expression.

You can read all about Fundamental Rights at the linked article.

Importance of Freedom of Speech and Expression

A basic element of a functional democracy is to allow all citizens to participate in the political and social processes of the
country. There is ample freedom of speech, thought and expression in all forms (verbal, written, broadcast, etc.) in a healthy
democracy.

Freedom of speech is guaranteed not only by the Indian Constitution but also by international statutes such as the Universal
Declaration of Human Rights (declared on 10th December 1948), the International Covenant on Civil and Political Rights, the
European Convention on Human Rights and Fundamental Freedoms, etc.

This is important because democracy works well only if the people have the right to express their opinions about the
government and criticise it if needed.

The voice of the people must be heard and their grievances are satisfied.

Not just in the political sphere, even in other spheres like social, cultural and economic, the people must have their voices heard
in a true democracy.

In the absence of the above freedoms, democracy is threatened. The government will become all-too-powerful and start serving
the interests of a few rather than the general public.
Heavy clampdown on the right to free speech and free press will create a fear-factor under which people would endure tyranny
silently. In such a scenario, people would feel stifled and would rather suffer than express their opinions.

Freedom of the press is also an important factor in the freedom of speech and expression.

The second Chief Justice of India, M Patanjali Sastri has observed, “Freedom of Speech and of the Press lay at the foundation of
all democratic organizations, for without free political discussion no public education, so essential for the proper functioning of
the process of Government, is possible.”

In the Indian context, the significance of this freedom can be understood from the fact that the Preamble itself ensures to all
citizens the liberty of thought, expression, belief, faith and worship.

Liberal democracies, especially in the West, have a very wide interpretation of the freedom of speech and expression. There is
plenty of leeways for people to express dissent freely.

However, most countries (including liberal democracies) have some sort of censorship in place, most of which are related to
defamation, hate speech, etc.

The idea behind censorship is generally to prevent law and order issues in the country.

To know more in detail about the Constitution of India, visit the linked article

The Need to Protect Freedom of Speech

There are four justifications for freedom of speech. They are:

For the discovery of truth by open discussion.

It is an aspect of self-fulfilment and development.

To express beliefs and political attitudes.

To actively participate in a democracy.

Restriction on Freedom of Speech

Freedom of speech is not absolute. Article 19(2) imposes restrictions on the right to freedom of speech and expression. The
reasons for such restrictions are in the interests of:

Security

Sovereignty and integrity of the country

Friendly relations with foreign countries

Public order

Decency or morality

Hate speech

Defamation

Contempt of court

The Constitution provides people with the freedom of expression without fear of reprisal, but it must be used with caution, and
responsibly.

Freedom of Speech on Social Media

The High Court of Tripura has held that posting on social media was virtually the same as a fundamental right applicable to all
citizens, including government employees. It also asserted that government servants are entitled to hold and express their
political beliefs, subject to the restrictions laid under the Tripura Civil Services (Conduct) Rules, 1988.

In another significant judgment, the HC of Tripura ordered the police to refrain from prosecuting the activist who was arrested
over a social media post where he criticized an online campaign in support of the Citizenship Amendment Act (CAA), 2019 and
warned people against it. The High Court held that these orders are in line with the very essence of the Indian Constitution.

Hate Speech
The Supreme Court of India had asked the Law Commission to make recommendations to the Parliament to empower the
Election Commission to restrict the problem of “hate speeches” irrespective of, whenever made. But the Law Commission
recommended that several factors need to be taken into account before restricting a speech, such as the context of the speech,
the status of the maker of the speech, the status of the victim and the potential of the speech to create discriminatory and
disruptive circumstances.

Freedom of Speech in Art

In relation to art, the court has held that “the art must be so preponderating as to throw obscenity into a shadow or the
obscenity so trivial and insignificant that it can have no effect and may be overlooked.”

There are restrictions in what can be shown in cinemas and this is governed by the Cinematograph Act, 1952. You can read more
about this and the Censor Board in India here.

Article 19(2) of the Indian constitution allows the state to make laws that restrict freedom of speech and expression so long as
they impose any restriction on the –

The state’s Security such as rebellion, waging war against the State, insurrection and not ordinary breaches of public order and
public safety.

Interest id Integrity and Sovereignty of India – this was added by the 16th constitutional amendment act under the tense
situation prevailing in different parts of the country. Its objective is to give appropriate powers to impose restrictions against
those individuals or organizations who want to make secession from India or disintegration of India as political purposes for
fighting elections.

Contempt of court: Restriction can be imposed if the speech and expression exceed the reasonable and fair limit and amounts to
contempt of court.

Friendly relations with foreign states: It was added by the First Amendment Act, 1951 to prohibit unrestrained malicious
propaganda against a foreign-friendly state. This is because it may jeopardize the maintenance of good relations between India
and that state.

Defamation or incitement to an offense: A statement, which injures the reputation of a man, amounts to defamation.
Defamation consists in exposing a man to hatred, ridicule, or contempt. The civil law in relating to defamation is still uncodified
in India and subject to certain exceptions.

Decency or Morality – Article 19(2) inserts decency or morality as grounds for restricting the freedom of speech and expression.
Sections 292 to 294 of the Indian Penal Code gives instances of restrictions on this freedom in the interest of decency or
morality. The sections do not permit the sale or distribution or exhibition of obscene words, etc. in public places. However, the
words decency or morality is very subjective and there is no strict definition for them. Also, it varies with time and place.

(C) Rights to Equality.(8)

Equality before the law (Article 14)

Article 14 treats all people the same in the eyes of the law. This Article is described in two parts – wich states and commands the
State not to deny to any person ‘equality before the law’. Another part of it also commands the State not to deny the ‘equal
protection of the laws’.

This provision states that all citizens will be treated equally before the law and avoids any kind of discrimination.

The law of the country protects everybody equally.

Under the same circumstances, the law will treat people in the same manner.

Prohibition of discrimination (Article 15)

This article prohibits discrimination in any manner. This article secures the citizens from every sort of discrimination by the State,
on the grounds of religion, race, caste, sex or place of birth or of them.

No citizen shall, on grounds only of race, religion, caste, place of birth, sex or any of them, be subject to any liability, disability,
restriction or condition with respect to:

Access to public places

Use of tanks, wells, ghats, etc. that are maintained by the State or that are meant for the general public

The article also mentions that special provisions can be made for women, children and the backward classes notwithstanding
this article.

Equality of opportunity in matters of public employment (Article 16)

Article 16 provides equal employment opportunities in State service for all citizens.

No citizen shall be discriminated against in matters of public employment or appointment on the grounds of race, religion, caste,
sex, place of birth, descent or residence.

Exceptions to this can be made for providing special provisions for the backward classes.

Abolition of untouchability (Article 17)

Article 17 prohibits the practice of untouchability.

Untouchability is abolished in all forms.

Any disability arising out of untouchability is made an offence.

Abolition of titles (Article 18)

Article 18 abolishes titles.

The State shall not confer any titles except those which are academic or military titles.

The article also prohibits citizens of India from accepting any titles from a foreign State.

The article abolishes the titles that were awarded by the British Empire such as Rai Bahadur, Khan Bahadur, etc.

Awards like Padma Shri, Padma Bhushan, Padma Vibhushan, Bharat Ratna and military honours like Ashok Chakra, Param Vir
Chakra do not belong to this category.

(D) Human Rights Courts (8) .

Human Rights Courts:-

Section 30 of the PHRA directs all the state government on an agreement of opinion with the CJI of the High Court of respective
state to recognise the Court of Session as a Human right court, for the speedy remedy. And section 31 provides that state shall
appoint a prosecutor or an advocate with not less than 7 years' experience of practice, for the purpose of dealing with the cases
of this court. In the year 2015 in the same D.K Basu case, the Supreme Court also directed to comply with this provision to
specify HRC. It was ascertained that no attempt is made by the state to consult with CJI of High Court of the respective states for
scrutinizing the viability of the session court for specifying as HRC.

In the year 2019 again NHRC during the hearing of Punjab state Human Rights Commission vs. Jatt Ram NHRC again put forth the
except few states no state compiled the order to specify or set up the HRC. The bench said that the setting of these courts does
not require any additional appointment of Judges or infrastructure still judgment of the court is not executed. Supreme Court
has issued Chief Secretaries to show cause that why such directions need not be issued.

Human courts in India

As been prescribed under the Act of the Protection of Human Rights Act, 1993 (Chapter 6, Section 30) says that for the purpose
of providing speedy trial to the cases involving Human Rights issues, the State Government may, with the concurrence of the
Chief Justice of India of the High Court, and specifying in each district a court of session or it can be said a Human Rights Court to
try the cases pertaining to the field of only and only Human rights.

Special public prosecutor for the Human Rights courts

The Protection of Human Rights Act 1993, section 31- emphasis upon for the appointment of the Special Prosecutor for the
Human Rights Court to be appointed by the State Government, who would be acting as an advocate who have been in the
practice for not less than 7 years.
Such Courts have been established in many states which are inclusive of Andhra Pradesh, Tamil Nadu, Sikkim, Uttar Pradesh and
Assam. Madras and Guwahati are getting into the process to be done in regards of the same.

Human Rights Court, when gets established will surely be having the status of a Court to adjudicate the justice for the Human
Rights issues, and thus would be different body from the Human Rights Commission whether National or the State level, as the
work which Court plays is differentiated from the Human Rights Commission.

Active role of judiciary

Everyone reading this article, would be satisfied by knowing that in India, every Legal Right would be considered as Human Right,
as meant for their own interests of protection and somewhere or the other for the promotion, but each and every right, which
should be humanly recognized have not been still tagged with the assistance of Legal Right.

It is very well known by everyone that Law takes steady and gradual time period to evolve itself and coming up with its perfect
version, as well as it should also be noted that Law follows a sequence or a consequence to be get evolved as well as for more of
its proper interpretation it requires full proof measures as well as arguments put forth for its evolved form to get enforced.

Hence, it should be understood that because of the above mentioned principle, it may not always be possible to implement of
codify all the requisite or the probable laws to get formulated or anticipated in the manner for the protection up of the Human
Rights, and thus the role of our Indian Judiciary comes into the existence when it is enumerated about the principles of natural
justice as due process of Law will govern and adjudicate for the protection and promotion of the rights of the people when they
have suffered violations of the their rights and when to protect it no legislation has been framed, Thus Judiciary in this way don’t
let anybody’s rights get infringed, rather protects them taking the issuance of the principles of natural justice.

Thus, it becomes a very implicit fact that rights which are humanely recognized makes up the base for any legislation to get
framed in the country like India, as it becomes the duty of Judiciary or more specifically the Judges to understand the issues and
provide for the enforcement of the rights for the well – being of the society.

Extraordinary role of district judiciary

The District Judiciary provides for an effective role in adjudicating the Justice, as it would be a very big and huge responsibility
for the Human Rights Courts for protecting up of the Rights which either by guaranteed by the Constitution of India or by any
other specific statute incorporated by the India.

Matters for the entertaining up of the application and its interpretation of the clauses like of Article 14, 19, 21 of the
Constitution of India, in such cases would be looked up by the District Judicial Officer.

The point which is needed here to be understood that these Human Rights issues if got separated will be providing effectiveness
in the working procedural functioning to the Courts as well as by adjudicating the cases of Human Rights provide for the great
potential to solve as many as cases of the Human Rights in India.

It should be worthily be noted that the West Bengal State Government becomes the first state Government to establish the
Human Rights Courts in all of its nineteen districts of the whole of the State, dated 9th September, 2011 for solving up the issues
pertaining with the Human Rights Violations.

(E) Civil and Political Rights. (8)

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by the United Nations General
Assembly on 16 December 1966.

It came into force on 23 March 1976. The treaty commits its parties to respect the civil and political rights of individuals
including, freedom of religion, right to life, freedom of assembly, electoral rights and rights to due process and a fair trial.

About 173 countries are parties to the Covenant.

This article will give further information about the International Covenant on Civil and Political Rights within the context of the
Civil Service Examination.

Overview of the International Covenant on Civil and Political Rights

The ICCPR is part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and
Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR).
The implementation of the ICCPR is overseen by the United Nations Human Rights Committee, which reviews reports of parties
on how effectively fundamental rights are being implemented. The parties to the ICCPR reports within a year after acceding to
the Covenant, and then whenever the committee requires. The Committee holds its sessions in Geneva, Switzerland, thrice per
year.

The ICCPR had its origins in the same type of process that led to the Universal Declaration of Human Rights. Early on in the
process, the document was split into a declaration setting forth general principles of human rights, and a convention or covenant
containing binding commitments. The former evolved into the UDHR and was adopted on 10 December 1948.

India and the ICCPR

India is a party to the International Covenant on Civil and Political Rights

The Constitution of India guarantees the Right to Protest, publicly question and force the government to answer as per Article
19.

Article 19 (1) (a) states that all citizens shall have the right to freedom of speech and expression.

Article 19 (1) (b) states that all citizens shall have the right to assemble peaceably and without arms.

However, the State can impose reasonable restrictions on the exercise of right of assembly on two grounds, namely, sovereignty
and integrity of India and public order including the maintenance of traffic in the area concerned.

(F) Protective discrimination. (8)

“Protective Discrimination”

Our society has always been full of inequalities. It was a caste ridden, stratified hierarchical society, and a particular segment of
the society had been denied the bare human rights. Their education, wages, living conditions, social status was dictated by the
whims of upper strata of society, reducing them to destitution. The economic backwardness brought social awkwardness which
consequently made them downtrodden and thus depriving them even of the dignity of life. In a society compartmentalised on
caste basis, upper castes controlled the levers of power enabling them to run their whips, prejudicial to the interests of lower
segments of the society. Lower castes had to serve the upper castes without having any say and grievance redressal mechanism.
This inhumane and barbaric condition perpetuated for centuries, till "we the people" realised the malady impelling the framers
of our constitution to think.

Meaning and Background

Protective discrimination is the policy of granting special privileges to the downtrodden and the underprivileged sections of
society, most commonly women. These are affirmative action programs, most visible in both the United States and India, where
there has been a history of racial and caste discrimination. The practice is most prominent in India, where it has been enshrined
in the constitution and institutionalized.

Some of the constitutional provisions which aimed at positive discrimination are:

# Article 17: Abolition of “untouchability” and making its practice in any form a punishable offence.
# Article 46: Promotion of educational and economic interests.
# Article 16 and 335: Preferential treatment in matters of employment in public services.
# 330 and 332: Reservation of seats in the Lok Sabha and State Assemblies.

5(A) Discuss the enforcement of Human Rights in India with reference to suitable Judicial Decisions. [16]

Evolution of Human Rights:

After the end of World War II, the nations of the world came together and realised that

human rights are extremely important and that they must be enshrined in a particular

document. Accordingly, on 10/12/1948, the Universal Declaration of Human Rights was

accepted and adopted by the United Nations. It is the basic Universal Document of human
rights today. It consists of rights such as the civil and political rights and also social and

economic rights.

The International Protection and Enforcement of Human Rights:

For the protection and enforcement of human rights and fundamental freedoms at global

level, special bodies have been established by the UN as per the International Conventions.

These bodies monitor by ensuring that the protection and enforcement of human rights and

fundamental freedoms is carried out as per the provisions of all the international conventions

and protocols relating thereto. These bodies are: (a) Human Rights Committee; (b) The

Group of Three; (c) The Committee on Economic, Social and Cultural Rights; (d) The

Committee on the Elimination of Racial Discrimination; (e) The Committee on the

Elimination of Discrimination against women; (f) The Committee against Torture; and (g)

The Committee on the Right of the Child. These International Human Rights bodies

supervise the enforcement of the relevant International Human Rights Convention by

reviewing the information received from all reliable sources including, Reports from State

Parties, Inter-Governmental and Non-Government Organisations and the communications

alleging violation of human rights received from or on behalf of victims of such violations.

Besides, s uch procedure as of good offices and urgent actions developed to meet the

exigencies.

In addition to these bodies, even UN Special agencies such as the United

Nations Educational, Scientific and Cultural Organisations (UNESCO) and the International

Labour Organisation (ILO) have developed their own system of supervision. But, it is the

overall responsibility of the Commission on Human Rights to consider the question of

violations of Human Rights and Fundamental Freedoms in all parts of the world. The

Commission also undertakes actions on the situation of Human Rights in different parts of the

world by appointing the Specialised Reporteurs and establishing the Working Groups.

Enforcement of Civil and Political Rights:

Free human beings enjoy civil and political freedom; and freedom from fear and want can

only be achieved if conditions are created whereby everyone may enjoy his civil and political

right, as well as cultural rights.

Article 28

provide for the establishment of a Human Rights

Committee which was duly established in 1977 to monitor the implementation of the above

covenant. The principal function of the Human Rights under this covenant is to study reports

on the measures State Parties have adopted to give effect to the rights recognized in the

covenant and the progress made in the enjoyment of those rights.

It deals with formulating

and transmitting to the States Parties such general comments as it may consider appropriate.

Similarly, it also entertains and examines inter-state communication on the subject-matter of

Human Rights violations. The Human Rights Committee is also empowered under the

Optional Protocol to the International Covenant on Civil and Political Rights to receive and

consider communications from individuals claiming to be victims of any Human Rights

violations set forth in the covenant provided he has exhausted all available domestic

remedies.

Enforcement of Economic, Social and Cultural Rights:

The Covenant on Economic, Social and Cultural Rights also has established a Committee to

monitor the implementation of the provisions of the relevant International covenant in all the

State Parties. The main function of this committee is to examine the reports submitted by the

State Parties on the measures adopted by them and the progress made in achieving the rights

contained in the International Covenant on Economic, Social and Cultural Right. A five

member working will be appointed which meets to study the report in order to indentify the

points which may be discussed with the representatives of the State Parties. The Non-

Governmental Organisations (NGOs) are also authorised by the Economic and Social

Council to submit statement to contribute towards the realisation of the rights under the

present covenant.

The Committee then prepares a summary of these considerations and

submits it to the Economic and Social Council together with its own suggestions and

recommendations of general in nature

Human Rights Protection and Enforcement Mechanism – Global Scenario:

There is currently no international court to administer international human rights law,

however, quasi-judicial bodies exists under some UN treaties. The International Criminal

Court (ICC) has jurisdiction over the crime of genocide, war crimes and crimes against

humanity. While the European Court of Human Rights, and the Inter-American Court of Human

Rights enforce regional human rights law. Although these same international bodies also hold

jurisdiction over cases regarding international humanitarian law, it is crucial to recognize that

the two frameworks constitute distinctly different legal regimes.

The United Nations

Human Rights Bodies do have some quasi legal enforcement mechanisms. These include the

Treaty Bodies attached to the current seven active treaties.

The enforcement of

international human rights law is the responsibility of the Nation State, and it is the primary

responsibility of the State to make human rights a reality. In practice, many human rights are

very difficult to legally enforce due to the absence of consensus on the application of certain
rights, the lack of relevant national legislation or of bodies empowered to take legal action to

enforce them

(B) Discuss the power & function of National & State Human Rights Commission in India. [16]

The functions of the National Human Rights Commission (NHRC) as stated in Section 12 of the Protection of Human Rights
Act,1993 includes enquiry into complaints of violation of human rights or negligence in the prevention of such violation by a
public servant. The Commission also studies treaties and international instruments on human rights and makes
recommendations for their effective implementation to the Government.

• NHRC can investigate any complaints related to violation of Human Rights either suo moto or after receiving a petition

• NHRC can interfere in any judicial process that involves any allegation of violation of Human Rights.

• It can visit any prison/institute under the control of the state governments to observe the living conditions of inmates. It can
further make recommendations based on its observations to the authorities.

• NHRC can review the provisions of the Constitution that safeguard Human Rights and can suggest necessary restorative
measures.

• Research in the field of Human Rights is also promoted by the NHRC.

• Human Rights awareness and literacy through different media is promoted by NHRC in various sectors of the society.

• NHRC has the power to recommend suitable steps that can prevent violation of Human Rights to both Central as well as State
Governments.

• The President of India gets an annual report from NHRC which is laid before both the Houses of the Parliament

The Functions of the National Human Rights Commission

NHRC today enjoys a very wide mandate, receiving over 70,000 complaints every year. Through recommendations and requests
for inquiries, the Commission seeks to resolve human rights violations across India.

Legal proceedings
It also can intervene in human rights proceedings, which may be pending before the court. NHRC officials visit jails to inspect
living conditions for inmates incarcerated for treatment, reformation or protection.

Instrument of policy
As a body to oversee policy, the NHRC can review and make recommendations in Constitutional and legal safeguards. It can also
review international treaties and events that may compromise human rights.

Human rights literacy

The NHRC also serves as the basis of human rights literacy in India, initiating awareness of rights through publications, media
channels, seminars etc. Common themes in India’s contemporary human rights violation history include labour law, extrajudicial
killing, sexual violence and LGBT rights, violence and discrimination against women, children and minorities.

6(A) Discuss the relation between the Civil and Political Rights and Economic, Social and Cultural Rights. [16]

Ans, 1g, 4e....

7(A) Discuss working of the National Human Rights Commission and its powers as well as functions under the Human Rights Act,
1993. [16]

What is the National Human Rights Commission (NHRC)?

The National Human Rights Commission (NHRC) established in 1993, is an independent statutory body as per the provisions of
the Protection of Human Rights Act of 1993 which was amended in 2006.

Human Rights are an indispensable part of society and Human Rights in India are watched by NHRC.

NHRC acts as a watchdog of human rights in the country.

NHRC looks over the rights that are related to life, dignity, liberty and equality of the individual that is defined in Section 2(1) of
the PHR Act.

They are guaranteed by the Constitution of India, embodied in the international covenants and are enforceable by the courts of
India as well.

NHRC was established in compliance with the Paris Principles of Human Rights, 1991 which were adopted for the promotion and
protection of Human Rights and were endorsed by the United Nations at its General Assembly of 1993

NHRC History

In 1948, the UN adopted the UDHR (Universal Declaration of Human Rights).

In 1991, the Paris Principles were established by the National Human Rights Institutions (NHRIs).

In 1993, the UN adopted these Paris Principles at its General Assembly.

In 1993, India enacted the Protection of Human Rights Act.

This led to the formation of the National Human Rights Commission (NHRC).

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

Functions & Powers of NHRC

The functions of the National Human Rights Commission (NHRC) as stated in Section 12 of the Protection of Human Rights
Act,1993 includes enquiry into complaints of violation of human rights or negligence in the prevention of such violation by a
public servant. The Commission also studies treaties and international instruments on human rights and makes
recommendations for their effective implementation to the Government.

NHRC can investigate any complaints related to violations of Human Rights in India either suo-moto or after receiving a petition.

NHRC can interfere in any judicial process that involves any allegation of violation of Human Rights.

It can visit any prison/institute under the control of the state governments to observe the living conditions of inmates. It can
further make recommendations based on its observations to the authorities.

NHRC can review the provisions of the Constitution that safeguard Human Rights and can suggest necessary restorative
measures.

Research in the field of Human Rights is also promoted by the NHRC.

Human Rights awareness and literacy through different media are promoted by NHRC in various sectors of society.

NHRC has the power to recommend suitable steps that can prevent violation of Human Rights in India to both Central as well as
State Governments.

The President of India gets an annual report from NHRC which is laid before both the Houses of the Parliament.

(B)Compare and contrast between the 'Fundamental Rights' under the Constitution of India and 'Human Right Covenant'. [16]

Human rights vs. legal rights vs. fundamental rights

Human Rights

The importance of human rights which are mentioned in the Constitution of India is that every person has the right to enjoy his
own mental and physical aspects. The concept of human rights is based on the principle of human solidarity, non-violence, and
the mental respect of all the rights given by the Constitution of India. The universal rights that any human being should possess
are human rights. In the Universal Declaration of Human Rights charter, the United Nations describes human rights as the “rights
inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights
include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and
education, and many more. Everyone is entitled to these rights, without discrimination.”
Some universal human rights include:

The right to education and to reap the rewards of freedom of culture and of scientific advancement.

The freedom to operate in equal and favorable terms.

The right to social security, to an acceptable standard of living, and to the best attainable physical and mental well-being levels,
etc.

Human rights, thus, are those which, considering their nationality, faith, age, race, are intrinsic to all human beings.

Human Rights under the Indian Constitution

The Human rights which are classified under the Indian constitution are as follows:

The right to equality and freedom from discrimination.

The right to life, liberty, and personal security.

Freedom from torture and degrading treatment.

The right to equality before the law.

The right to a fair trial.

The right to privacy.

Freedom of belief and religion.

Freedom of opinion.

Right of peaceful assembly and association.

The right to participate in government.

The right to social security.

The right to work.

The right to an adequate standard of living.

The right to education.

The right to health.

The right to food and housing.

Legal Rights

Legal rights apply to a collection of rights formulated within a government’s legal structure. They are granted to the people of
that specific state as privileges. Therefore, there are certain rights and privileges provided to citizens which are provided by the
rules. According to the rules of the particular country, these rights are granted to the citizens of that country.

In short, the freedoms granted to people by their governments are legal rights. These freedoms/rights are thus established and
upheld by the government’s legal framework, which therefore ensures that the same parties may also redefine or change them.
Similarly, these rights are not universal, differing from state to state, country to country, individual to individual, and even from
time to time. Judicial privileges are protected under the ordinary statute, but by amending the law, they may be changed or
revoked by the legislature.

If violated, these rights will be dealt with by either of the ordinary courts that contradict the other two rights. In general, an
ordinary right imposes a corresponding obligation on another person (and, in some circumstances, the state), but a
constitutional right is a right that a citizen has against the state. Fundamental rights are protected by the executive, legislature,
and judiciary from invasion. Limitations upon all the governmental authorities are related to all human rights. Laws and
administrative orders are invalid and counterproductive that abridge or interfere with those rights. Our constitution provides
that the Supreme Court has the power to enforce human rights. The remedy itself, thus, is a fundamental right. This
differentiates it from other rights. The defender of human rights is the Supreme Court. In addition, these human rights are not
universal rights, such as the right not to be subject to tax without the power of statute (Article 265), the right to land (Article
300A), and the freedom to exchange (Article 301). It is not possible to waive a constitutional right. A person may waive an
ordinary legal right.

Fundamental Rights

For a fundamental right to exist there must be human rights. Fundamental rights are those rights that are provided by some
countries to their citizens to enjoy. These rights have a legal sanction. These rights can also be challenged in a court of law.
Fundamental rights are equal to human rights but there is a small line of difference between both fundamental rights and
human rights. The basic difference is that the fundamental rights have legal sanctity and they can be challenged in a court of law
in case of violation but human rights are not recognized by the law so they can’t be challenged in a court of law. The basic
human rights enshrined in the Constitution of India, which are granted to all people, are fundamental rights. They are enforced
on the grounds of ethnicity, faith, gender, etc. without prejudice. Significantly, fundamental rights are enforceable by the courts,
subject to certain conditions.

These rights are called fundamental rights because of two reasons:

They are enshrined in the Constitution.

They are justifiable. They are enforceable by courts. An individual may approach a court of law in the event of a breach.

Following are the six fundamental rights of the Indian Constitution:

Right to Equality (Article 14-18)

Right to Freedom (Article 19-22)

Right against Exploitation (Article 23-24)

Right to Freedom of Religion (Article 25-28)

Cultural and Educational Rights (Article 29-30)

Right to Constitutional Remedies (Article 32)

Comparison between Human Rights, Fundamental Rights, and Legal Rights

Fundamental rights are the rights of a country’s citizens that are stated in the constitution and enforced by the law. Human
rights, on the other hand, are the safeguards that a human being seeks in order to live in dignity and equality. Legal rights, on
the other hand, are the government’s protections for residents of a particular state. Fundamental rights only include certain
rights that are fundamental to a normal existence. Human rights, on the opposite, include certain rights that are fundamental to
real life and that are unconditional, i.e. that can not be excluded. Legal rights, on the other hand, are neither fundamental to a
normal life nor to absolute life.

While fundamental rights are nation-specific, i.e. these rights may differ from country to country. There is a worldwide
recognition of human rights, which ensures that these rights are enjoyed by all individuals. The legal rights on the same note to
the basic rights are state-wide, are open to the citizens of a specific region, and can even be altered by the government as
necessary. Basic rights depend on the fundamental concept of the right to freedom. In comparison, human rights are founded
upon the right to a dignified life.

Within the country’s Constitution, Constitutional rights are guaranteed, while human rights are recognized internationally. Legal
rights are distinctly specified by various governments and are not present in the Constitution. In nature, all Constitutional and
Human rights are enforceable, although the former is enforced by the court of justice, and while the latter is enforced by the
United Nations Organisation. On the other hand in the case of enforceability, legal rights are enforceable by the government,
but they can be taken away or modified at any time.

Fundamental rights are extracted from a free society’s opinions. Human liberties, on the other hand, derive from the ideas of
civilized countries. It is necessary to adjudicate the human rights of counterparts as the rights resulting from the social growth
and obligation of a certain area.