PUBLIC INTERNATIONAL LAW

LAW OF SEA

1. Introduction
2. The genesis of Law of Sea
3. Major Maritime zones along with the rights and duties provided under
the specific zones
4. Territorial seas
5. Width of the Territorial sea
6. Low water line
7. The Right of Innocent Passage
8. Contiguous zone
9. Exclusive Economic Zone (EEZ)
10. Continental Shelf
11. High Seas and Deep Ocean Floor
12. Conclusion

1. Introduction.

Law of the sea is also known as Maritime law which is that branch of public
International Law which regulates the rights and duties concerning the
regulation of states with respect to the sea. It governs the legal rules regarding
ships and shipping. It is one of the principal subjects of international law and
is a mixture of the treaty and established or emerging customary law.

The law of the sea forms the basis of conducting maritime economic activities,
the codification of navigation rules and to protect oceans from abuse of
power. It covers rights, freedoms and obligations in areas such as territorial
seas and waters and the high seas, fishing, wrecks and cultural heritage,
1
protection of the marine environment and dispute settlement.

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1. https://blog.ipleaders.in/law-sea/
2. The genesis of law of sea

Formulation of the Law of the sea was led by the father of the Modern
International Law, Hugo Grotius Dutch jurist and scholar (1583-1645).

The principle of freedom of the seas was followed for a long time which limited
the rights of the Nations and their jurisdiction only over the narrow belt of
which surrounds the coastline of a Nation. It stressed on the freedom to
navigate the oceans and the law, endorsing the doctrine of the open sea,
wherein no regulation was there and the remainder of the sea belonged to be
2
free for all to explore, but belonging to none.

By the mid- twentieth century, claims and demands to extend the jurisdiction
of the Nations over the ocean started rising for various reasons like toll taken
on coastal fishes and pollution threats and wastages from transport ships,
various claims, increasing pollution, growing demands and tensions between
the rights to use resources between coastal nations, etc. posed a threat of
conflict and instability for the oceans.

First extension of jurisdiction of a nations continental shelf was that of United

Nations in the Year 1945, by President Harry S Truman after responding to the
pressure for domestic oil interests. It was the first deviation from the doctrine
of freedom of the seas. Thereafter, various other nations like Argentina in 1946,
Chile and Peru in 1947, Ecuador in 1950, Egypt, Ethiopia, Saudi Arabia,
Venezuela, Libya and various other Eastern European countries laid the claim
3
towards territorial sea.

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2.https://www.un.org/depts/los/convention_agreements/
convention_historical_perspective.html.

3. https://www.legalserviceindia.com/legal/article-5030-development-of-the-
law-of-the-sea.html.
3. Major Maritime zones along with the rights and duties provided under
the specific zones

4. Territorial seas

The territorial sea is a marine space under the territorial sovereignty of the
coastal State up to a limit not exceeding twelve nautical miles measured from
4
baselines. The territorial sea comprises the seabed and its subsoil, the
adjacent waters, and its airspace. The landward limit of the territorial sea is
the baseline. In the case of archipelagic States, the inner limit of the territorial
sea is the archipelagic baseline. The outer limit of the territorial sea is the line
every point of which is at a distance from the nearest point of the baseline
equal to the breadth of the territorial sea. At present, some 137 States Parties
to the LOSC have established a twelve-nautical mile territorial sea, and
approximately ten States have claimed, wholly or partly, a territorial sea of less
than twelve nautical miles. Some twenty-four States that formerly claimed a
territorial sea more than twelve nautical miles in breadth have pulled back its
breadth to twelve nautical miles. 5
Only nine States, including four parties to
the LOSC.

In addition, roadsteads which are normally used for the loading, unloading and
anchoring of ships, and which would otherwise be situated wholly or partly
outside the outer limit of the territorial sea, are included in the territorial sea.
In practice, there seem to be few areas more than twelve miles from the
baseline that are suitable for the loading, unloading and anchoring of ships.
Hence it appears that roadsteads have only a minor role in determining the
spatial scope of the territorial sea.

____________

4. LOSC Article 3.
5. J. A. Roach and R. W. Smith, United States Responses to Excessive Maritime
Claims, 2nd edn (The Hague, Nijhoff, 1996), pp. 152–153.
Concerning the judicial character of the territorial sea, the Court of Arbitration,
in the 1909 Grisbadara case between Norway and Sweden, stated that ‘the
maritime territory is an essential appurtenance of land territory’, and ‘an
6.
inseparable appurtenance of this land territory According to Judge McNair,
‘the possession of this territory [territorial waters] is not optional, not
dependent upon the will of the State, but compulsory’. There is no doubt that
the territorial sea is under the territorial sovereignty of the coastal State. As
explained earlier, territorial sovereignty in international law is characterized by
completeness and exclusiveness. Accordingly, the coastal State can exercise
complete legislative and enforcement jurisdiction over all matters and all people
in an exclusive manner unless international law provides otherwise. At the
same time, under Article 2(3) of the LOSC, sovereignty over the territorial sea is
subject to the Convention and to other rules of international law.

5. Width of the Territorial sea

Width of the territorial sea up to which the states can exercise sovereignty has
been subjected to a long line of historical development. Initially, it started with
the “cannon-shot” rule wherein it stated that width requirement in terms of the
range of shore-based artillery, however during the 19th century it changed to
3-mile rule by the Scandinavians claimed 4 miles.

The limit to exercise jurisdiction over the territorial sea became clear only after
the first world war, Article 3 of the 1982 Convention, however, notes that all
states have the right to establish the breadth of the territorial sea up to a limit
not exceeding 12 nautical miles from the baselines. This is clearly in line with
7
state practice. For determining the measurement of this range two methods
have been laid down which are as follows:

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6. (1910) 4 American Journal of International Law Page. 231
7. Article 3 of the United Convention on the Law of the Sea.
6. Low water line

It was the Anglo Norwegian Fisheries case which propounded the principle
regarding the determination of the baseline w.r.t geographical realities. In this
case, the method applied by the Norwegians affected the fishing interest of UK
because the straight baseline method applied then created a chance to cover
those parts of the sea which belonged to High sea zone.

The court upheld the straight baseline method applied by Norway due to the
peculiar nature of its coastline. The method that determines the rule regarding
the 12 Nautical miles’ limit depends mainly on the nature of the state’s
geographic position, normally Low water line is preferred however in cases of
countries like Norway straight baseline method can be applied.

7. The right of Innocent passage.

The right of foreign merchant ships (as distinct from warships) to pass
unhindered through the territorial sea of coast has long been an accepted
principle in customary international law, the sovereignty of the coast state
notwithstanding.

UNCLOS in its Article 19 provides for an exhaustive list of activities for which
the passage is considered as innocent, the main factor to keep in mind is
peace, good order, or security of the coastal State. Article 24 prohibits coastal
States from hampering the innocent passage of foreign ships through the
territorial sea unless specifically authorized by other Articles of the LOSC.

Discrimination among other states or cargoes is prohibited for the Coastal

States, however, when it is found to be that any foreign Ship has committed
any violation of the aforesaid rule of the convention, the coastal states have the
power to forbid entry of such ship or take any measures as they deem
8
necessary for their security.

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8. https://blog.ipleaders.in/law-sea/#Low_water_line.
8. Contiguous zone

The contiguous zone is band of water extending from the outer edge of the
territorial sea up to 24 nautical miles from the baseline, within which a state
can exert limited control for the purpose of preventing or punishing
infringement of its customs fiscal immigration or sanitary laws and regulations
within its territory or territorial sea. It consists of an area beyond the
territorial sea in which the coastal state may act to prevent any violation of its
custom, fiscal, immigration or sanitary laws and regulations. The principals of
freedom of navigation applies in this zone as well as elsewhere outside the
territorial sea, but other states are to have due regard for the rights of the
coastal state in the exclusive economic zone and to comply with its laws and
regulations. Unlike the territorial sea, there is no standard rule for resolving
such conflicts and the states in questions must negotiate their own
9
compromise.

9. Exclusive Economic Zone (EEZ)

The object for this zone arose due to controversy regarding fishing zones. Due
to a lack of regulation of limit regarding fishing zone, states began to claim the
10
wide depth of region under this zone. In the case of Tunisia vs Libya the
court regarded that the concept of Exclusive Economic Zone can be associated
as a part of Customary International Law. Article 55 of the UNCLOS describes
the extension of this region from the baseline is up to 200 nautical miles from
the breadth of the territorial sea.

In the case of Coastal states as per article 56 of the convention, these states
have sovereign rights over the Exclusive Economic Zone for the purpose like:

1. Exploiting and exploring, conserving and managing natural resources

2. For the establishment of an artificial island, Marine Scientific research

3. Other rights as specified in part IV of the convention.
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9. Ashley & Robert, Contiguous zone International Law Studies Volume 66
Page. 103.
10. (Tunis. v. Libya), 1982 I.C.J. 18 (Feb. 24)
In the case of S. S Lotus case (France Vs. Turkey, 1927) 11

In 1925, after Mustapha Kemal pasha started liberalising the Turkish

economy, Turkey started to expand the trade abroad with other countries.
Unfortunately, a French vessel S.S lotus and Turkish ship S.S Bozkurt
collided, because of which the Turkish ship damaged and killed 8 Turkish
Nationals on board of Turkish vessel. The remaining survivors of the Turkish
ship were taken to Turkey onboard S.S lotus.

In Turkey, the captain of the French ship, and the first watch officer, Monsiver
Demons, were charged with manslaughter and Demons was sentenced to
imprisonment and fine. The French government demanded the release of
Monsieur Demons and the transfer of his case to the French Court. Turkey and
France agreed to refer the dispute to the PCIJ(Permanent Court of International
Justice).

Judgement

The French and the Turkish government were strongly blaming each other and
Monsieur Demons was being charged by the Turkish government of knowingly
causing the accident. The French government further contended that only they
have a right to trial the individual because the incident involved a French ship
and a French National.

The PCIJ held that Turkey had violated no norms of International Law by
instituting a case against Monsieur Demons and also had no rights to
prosecute him.

After this judgement, there was a huge criticism and after the formation of the
United Nation, certain changes were brought in the Flag State rule.

________
11. S.S. Lotus (France v. Turkey) Permanent Court of Int’l Justice, P.C.I.J. (ser.
A) No. 10 (1927)
10. Continental Shelf

According to W. Friedman, the continental shelf can be defined as the zone

around the continent that extends from a low water line to depth and usually
marked towards greater depth. What is commonly referred to as a “continental
shelf” is a sloping platform that covers continents and islands? This is a
submerged seabed that borders continental landmass and is found as an
extension or part of that land. It usually extends to a depth of about 200
meters.

The coastal countries have limited sovereignty rights on the continental shelf to
explore and use “natural resources”, not sovereignty. 12

11. High Seas

The high seas mean, all the parts which are not coming under EEZ, territory or
inland waters of a country. This rule was formulated by Grotius in his maxim
on “Mare Liberum” in 1609 and claimed that the sea could not be owned by
anyone.

As a result, all States supported that ships can go and use freedom of
navigation, fight, fishing and building artificial islands etc. But, the command
has been considerably changed under the convention on the Law of the sea of
1982.

Article 87(2) of the convention lays down the limitation of the general nature on
the freedom of high seas by stating that the freedom of the high seas “shall be
exercised with due regard to the interests of other States in their exercise of the
13
freedom of high seas”.

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12. https://blog.ipleaders.in/sea-law/#Continental_Shelf.

13. https://blog.ipleaders.in/sea-law/#High_Seas
12. Conclusion

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) creates a
comprehensive command to govern the rights of nations in respect of the
world’s oceans. International Maritime Organization (IMO) is a specialized
agency of the United Nations responsible for improving maritime safety and
preventing pollution from ships.

Life itself arose from the oceans. Even now, when the continents have been
mapped and their interiors made accessible by road, river and air, most of the
people in the world live no more than 200 miles from the sea and relate closely
to it.

BIBLIOGRAPHY

1) Ashley & Robert, Contiguous zone International Law Studies.

2) J. A. Roach and R. W. Smith, United States Responses to
Excessive Maritime Claims, 2nd edn (The Hague, Nijhoff, 1996).
3) LOSC Article 3.
4) American Journal of International Law.
5) The United Convention on the Law of the Sea.
6) Source from Internet.
i. https://blog.ipleaders.in/law-sea/
ii. https://www.un.org/depts/los/convention_agreements/
convention_historical_perspective.html.
iii. https://www.legalserviceindia.com/legal/article-5030-
development-of-the-law-of-the-sea.html.
iv. https://blog.ipleaders.in/law-sea/#Low_water_line.
v. https://blog.ipleaders.in/sea-law/#Continental_Shelf.
https://blog.ipleaders.in/sea-law/#High_Seas
 RIGHT TO INFORMATION.
THE FREEDOM OF INFORMATION ACT-2002

1. Introduction.
2. Statement of Objections and Reasons.
3. Definition.
4. Interpretation of Article 19 of the Indian Constitution through judicial
decisions.
5. Important provisions of the Act
6. Information.
7. Public Authority.
8. Right to information and obligations of public authorities.
9. Request for obtaining information
10. Exemption from disclosure of information
11. Central Information Commission
12. State Information Commission
13. Appointment of Public Information Officers
14. Powers and functions of the information commissions, appeals and
penalties.
15. Conclusion.
1. Introduction.
Chief Ministers Conference on “Effective and Responsive Government” was held
on 24th May, 1997 at New Delhi wherein the need to enact a law on right to
information was recognized unanimously. The Parliamentary standing
committee on home affairs in its 38 th Report recommended that the
Government should take measures for the enactment of such a legislation. In
order to make the Government more transparent, and accountable to the
public the Government of India appointed a Working Group on Right to
Information and Promotion of Open and Transparent Government. The
working group was asked to examine the feasibility and need for either full-
fledge Right to Information Act or its introduction in a phased manner to meet
the needs of pen and responsive governance. The working group submitted its
report along with a draft freedom of information bill to the government. The
draft bill was subsequently deliberated by the group of Ministers to ensure that
the flow of information was available to the public while inter alia, protecting
the national interest, sovereignty and integrity of India. On the final outcome
of the deliberations of the group of minister the freedom of information bill, was
1.
introduced in the parliament

2. Statement of Objections and Reasons.

The need to enact a law on right to information was recognized unanimously by

the Chief Minister Conference on Effective and Responsive Government held on
24th May, 1997, at New Delhi. In its 38 th Report relating to Demands for grands
to the ministry of personnel, public grievances and pension, the parliamentary
standing committee on home affairs recommended that the government should
take measures for enactment of such legislation.

_______
1. Universal Handbooks on The Right to Information Act, 2005, P. K. Das-
Universal law publishing co., Pvt, ltd., 2005 Edition-Page 83.
In order to make the government more transparent and accountable to the
public, the government of India appointment a working group on right to
information and promotion of open and transparent government under the
chairmanship of Sri. H. D. Shourie. The working group was asked to examine
the feasibility and need for either full fledge right to information act its
introduction in a phased manner to meet the needs of open and responsive
governance and also to examine the frame work of rules with reference to the
Civil Service Rules and Manual of Officer Procedure. The said working group
submitted its report in May, 1997 along with a draft freedom of information bill
to the government. The working group also recommended suitable amendment
to the Civil Service rules and the manual of departmental security instructions
with a view to bring them in harmony with the proposed bill.

The proposed bill is in accord with both article 19 of the Constitution as well as
article 19 of the Universal Declaration of Human Rights.

2
The bill seeks to achieve the above subjects.

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2. Ebid
3. Definition.
In this Act, unless the context otherwise requires,-(a)"appropriate Government"
means in relation to a public authority established, constituted, owned,
substantially financed by funds provided directly or indirectly or controlled-
(i)by the Central Government, the Central Government;(ii)by the State
Government, the State Government;(iii)by the Union territory, the Central
Government;(b)"competent authority" means-(i)the Speaker in the case of the
House of the People or the Legislative Assembly and the Chairman in the case
of the Council of States or the Legislative Council;(ii)the Chief Justice of India
in the case of the Supreme Court;(iii)the Chief Justice of the High Court in the
case of a High Court;(iv)the President or the Governor, as the case may be, in
the case of other authorities created by or under the Constitution;(v)the
administrator appointed under article 239 of the Constitution;(c)"freedom of
information" means the right to obtain information from any public authority
by means of,-(i)inspection, taking of extracts and notes;(ii)certified copies of any
records of such public authority;(iii)diskettes, floppies or in any other electronic
mode or through print-outs where such information is stored in a computer or
in any other device;(d)"information" means any material in any form relating to
the administration, operations or decisions of a public authority;(e)"prescribed"
means prescribed by rules made under this Act by the appropriate Government
or the competent authority, as the case may be;(f)"public authority" means any
authority or body established or constituted,-(i)by or under the Constitution;
(ii)by any law made by the appropriate Government, and includes any other
body owned, controlled or substantially financed by funds provided directly or
indirectly by the appropriate Government;(g)"Public Information Officer" means
the Public Information Officer appointed under sub-section (1) of section 5;
(h)"record" includes-(i)any document, manuscript and file;(ii)any microfilm,
microfiche and facsimile copy of a document;(iii)any reproduction of image or
images embodied in such microfilm (whether enlarged or not); and(iv)any other
material produced by a computer or by any other device;(i)"third party" means
a person other than the person making a request for information and includes
3
a public authority.
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3. https://indiankanoon.org/doc/161798208/
4. Interpretation of Article 19 of the Indian Constitution through judicial
decisions.

Article 19 of the Indian Constitution lays down certain freedoms for the citizens
of India. These rights are natural and not statutory in nature. The right to
information is also inculcated in one such right provided within Article 19.
Article 19(1)(a) provides the right to free speech and expression. The judiciary
has played an essential role in interpreting Article 19 and inculcating the right
to information under the right to free speech and expression under Article 19(1)
(a). The right to information is considered one of the important rights enshrined
under Article 19, especially for the media, whose objective is to provide reliable
4
and true information to the public. In Romesh Thappar v. State of Madras
(1950),5 popularly known as the Cross Roads newspaper case, the Supreme
Court stressed on the people’s right to know. In the said case, the government
of Madras imposed a ban on the distribution of journals, namely, the Cross
Roads, as per Section 9(1-A) of the Madras Maintenance of Public Order Act,
1949. The owner of the journal challenged the said order passed by the
government of Madras. The Supreme Court, in its verdict, held that the order
passed by the government of Madras violated the petitioner’s right to free
speech and expression enshrined under Article 19(1)(a) of the Indian
Constitution, and hence the Court struck down the order.

Further, in Indian Express Newspapers Bombay Pvt. Ltd. v. Union of India

6
(1984), the Supreme Court reiterated the concept of the right to know and the
right of a citizen to be informed about the workings of its government.

__________________

4. Article 19 of the Indian Constitution.

5. In Romesh Thappar v. State of Madras (1950) 1950 AIR 124, 1950 SCR 594,
AIR 1950 SUPREME COURT 124.
6. Indian Express Newspapers Bombay Pvt. Ltd. v. Union of India (1984)
[1985] 2 S.C.R. 287
In S.P. Gupta v. Union of India (1981) 7, also known as the judges transfer case,
the Supreme Court followed its earlier decision pronounced in State of Uttar
Pradesh v. Raj Narain (1975) and stated that the citizens have the right to know
what their government is doing and how it is functioning as a representative
head of the people. The Supreme Court in this case again provided the right to
information with the status of a fundamental right. The Hon’ble Court also
stated that the right to know has now become a necessity to be recognized as a
fundamental right, as it is important for the upliftment of the downtrodden
sections of society. The Supreme Court expanded the scope of Article 19(1)(a),
which deals with the right to free speech and expression, and included the
right to information in it. It stated that every citizen has the right to free speech
and expression, which also includes the right to obtain and transmit
information, as laid down in the case of Secretary, Ministry of Information and
Broadcasting, Government of India v. Cricket Association of Bengal (1995).

Apart from including the right to information within the ambit of Article 19(1)
(a), the Supreme Court in Reliance Petrochemicals Ltd. v. Indian Express
Newspapers Bombay Pvt. Ltd. (1988) stated that the right to information found
its inception in the right to life under Article 21 of the Constitution.

_____________
7. S. P. Gupta v. Union of India (1981) 1981 Supp (1) SCC 87.
8. Government of India v. Cricket Association of Bengal (1995)- 1995 AIR 1236.
9. Reliance Petrochemicals Ltd. v. Indian Express Newspapers Bombay Pvt. Ltd. (1988) 1989
AIR 190
5. Important provisions of the Act.
The Act consists of 21 sections in three chapters, which include the
interpretation clause, the right to information, the duties of public authorities,
the establishment of central and state information commissions, their powers
and functions, provisions regarding appeals and penalties, and lastly, the
miscellaneous provisions.

6. Information

Section 2(f) of the Act defines the term ‘information’ as any important material
in any form, be it a record, memo, email, report, contract, book, etc. It also
includes any data contained in electronic form and information that can be
accessed by a public authority.

7. Public Authority

Section 2(h) defines the term ‘public authority’; it says that any authority or
institution of government that has been established or formed under the
constitution, by any law made by the Parliament, by any law made by the state
legislature, or by any order passed by the appropriate government and also
includes anybody or institution financed or controlled by the government.

8. Right to information and obligations of public authorities

Section 3 of the Act provides citizens with the right to information. This
provision is very important and provides citizens with the right to know about
the functioning of their government.

Section 4 deals with the obligations and duties of the public authority, which
include the maintenance of records and ensuring that all records are properly
made in the manner prescribed. It laid down a list of obligations that needed to
be fulfilled by the public authorities. Basically, the government has a
responsibility to maintain proper records in order to disclose accurate
information.

9. Request for obtaining information

Section 6 deals with the provision related to requests to obtain necessary

information from the authority. Basically, it prescribes the manner in which a
person can obtain the information by filing a request in writing or through the
online mode. It further provides that the Central Public Information
Commissioner or the State Public Information Officer will provide reasonable
assistance to the person seeking information or requesting the same.
10. Exemption from disclosure of information

Section 8 deals with certain exemptions for the disclosure of information,

which include information that affects the sovereignty and integrity of the
country, information that has been prohibited from being published,
information regarding trade secrets, commercial deals, etc. It also exempts
information that impedes the process of investigation or hinders the process of
justice.

11. Central Information Commission

Sections 12, 13, and 14 deal with the constitution of the Central Information
Commission, which includes the establishment of the Commission, the tenure
and conditions of service of the Chief Information Commissioner, their salary
and allowances, and the procedure regarding the removal of the Chief
Information Commissioner or information commissioner. Removal can be done
on the basis of provisions laid down in Section 14.

12. State Information Commission

Sections 15, 16, and 17 deal with the constitution of the State Information
Commission, and other provisions regarding tenure, salary, allowances, and
removal. The provisions related to the State Information Commission are
similar to those of the Central Information Commission. 10

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10.https://blog.ipleaders.in/right-to-information-as-a-fundamental-right/
#Important_provisions_of_Right_to_Information_Act_2005
13. Appointment of Public Information Officers.

(i) Every public authority shall for the purposes of this Act, appoint one or more
officers as public information Officers.
(ii) Every PIO shall deal with requests for information and shall render
reasonable assistance to any person seeking such information.
(iii) The PIO may seek the assistance of any others officers as he considers
necessary for the proper discharge of his duties.
(iv) any officer whose assistance has been sought under sub-section (3), shall
11
render all assistance to the PIO seeking his assistance.

14. Powers and functions of the information commissions, appeals and

penalties.

Section 18 deals with the powers and functions of the information

commissions. It includes the power to inquire into the complaints received from
any person, the power to summon the person regarding the complaints
received, the power to receive the evidence on an affidavit etc. 12

Sections 19 and 20 deal with the provisions of appeal and penalties in cases of
failure to provide the information to the citizens. Any person who is aggrieved
by the decision of Central Public Information Commissioner or State Public
Information Officer can appeal to the concerned officer who is senior in rank
from that of the Central Public Information Officer or State Public Information
Officer within thirty days from the expiry of receipt of such decision. 13

_______
11. Supra 1-Page 87.
12. Section 18 of The Right to Information Act.
13. Section 19 & 20 of the Right to Information Act.
15. Conclusion.

In a nutshell, it can be stated that the right to information is an essential

fundamental right that helps the citizens of a country to receive information
related to their government and inform them about their right to know. It is an
important subject in order to keep a check on the persons who are sitting in
such positions to prevent them from misusing public property for their own
convenience. The right to access information helps in maintaining openness
and accountability towards citizens. Nowadays, almost every country in the
world has implemented laws regarding public access to information in order to
make their citizens aware of the workings and functioning of the government.
This right has been used widely by the media as well in order to expose
corruption at different levels. It helps the government achieve its goal in order
to promote the welfare of citizens and ensure good governance. Also, the Act
provides for citizen-friendly provisions to make sure that the citizens can
exercise their right to know and to get adequate information properly without
any inconvenience. However, information that can affect the national integrity
or sovereignty of the country is exempt from being available to the citizens of
the country, but that is also necessary in order to protect against spreading
any kind of misinformation or information that can pose a threat to democracy.
However, it is considered one of the good legislations which helps in the
betterment of the public and in maintaining good relations between the
government and the citizens of the country.
 BIBLIOGRAPHY

1. Universal Handbooks on The Right to Information Act, 2005, P. K.

Das- Universal law publishing co., Pvt, ltd., 2005 Edition.
2. The Freedom of Information Act, 2002.
3. The Right to Information Act, 2005.
4. The Indian Constitution Act.
5. Indian Kanoon.
6. All India Reporter.
7. Source from Internet.
i. https://indiankanoon.org/doc/161798208/
ii. https://blog.ipleaders.in/right-to-information-as-a-fundamental-
right/#Important_provisions_of_Right_to_Information_Act_2005
 HUMAN RIGHTS AND PRACTICE.
HUMAN RIGHTS AND VULNERABLE GROUPS

1. Introduction.
2. What are Human Rights?
3. Characteristics of Human Rights.
4. Protection of Human Rights Act, 1993.
5. Human Rights Violations.
6. Various Vulnerable Sections of the Society.
a. Children
b. Scheduled Caste and Scheduled Tribes.
7. NHRC – National Human Rights Commission and SHRCS – State
Human Rights Commissions
8. Conclusion.

1. Introduction.
Human rights attach to all persons equally, by virtue of their humanity,
irrespective of race, nationality, or membership of any particular social group.
They specify the minimum conditions for human dignity and a tolerable life.
Human rights are those which are inherent to all human beings whatever be
the nationality, place of residence, sex, national or ethnic origin, color, religion,
language, or status in the society. Human rights encompass a wide variety of
rights like right to life, right to freedom of religion, right to equality before law,
economic, social and cultural rights, such as right to work, security and
education, etc. Human rights are universal and moral. All individuals re
entitled to these rights without any discrimination on any ground. All these
rights are interdependent, inter-related and indivisible.
In this project human rights have been explained in detail. Special emphasis is
given to human rights to vulnerable sections. Also the provisions of the
Protection of Human Rights Act, 1993 have been discussed. In the end,
working of National and State Human Rights Commission have also been
1
analyzed. In the end, conclusions have been drawn.
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1.https://www.legalserviceindia.com/article/l431-Human-Rights-Of-Vulnerable-Sections.html
2. What are Human Rights?
Human rights are commonly understood as being those rights which are
inherent to the human being. The concept of human rights acknowledges that
every single human being is entitled to enjoy his or her human rights without
distinction as to race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status. Human rights are
legally guaranteed by human rights law, protecting individuals and groups
against actions which interfere with fundamental freedoms and human dignity.
They are expressed in treaties, customary international law, bodies of
principles and other sources of law. Human rights law places an obligation on
States to act in a particular way and prohibits States from engaging in
specified activities. However, the law does not establish human rights. Human
rights are inherent entitlements which come to every person as a consequence
of being human. Treaties and other sources of law generally serve to protect
formally the rights of individuals and groups against actions or abandonment
of actions by Governments which interfere with the enjoyment of their human
rights. 2

3. Characteristics of Human Rights.

The following are some of the most important characteristics of human rights:
i. Human rights are founded on respect for the dignity and worth of each
person;
ii. Human rights are universal, meaning that they are applied equally and
without discrimination to all people;
iii. Human rights are inalienable, in that no one can have his or her human
rights taken away other than in specific situations – for example, the
right to liberty can be restricted if a person is found guilty of a crime by a
court of law;
iv. Human rights are indivisible, interrelated and interdependent, for the
reason that it is insufficient to respect some human rights and not
others. In practice, the violation of one right will often affect the respect
of several other rights. All human rights should therefore be seen as
having equal importance and of being equally essential to respect for the
dignity and worth of every person. 3
________________
2. Human Rights-A Basic Handbook for U N Staff-United Nations-Page 2 & 3.
3. Ebid.
4. Protection of Human Rights Act, 1993

This Act was passed in the year 1993 with a view to provide for a constitution
of a National Human Rights Commission, State Human Rights Commission
and Human Rights Courts for better protection of human rights and for
matters concerned therein. It lays down provisions for – constitution of
National Human Rights Commission, appointment of its chairperson and other
members, removal of the members of the Commission, term of office of
members, terms and conditions of service of members, procedure to be
regulated by the Commission, officers and other staff, functions and powers of
the Commission and the method to be followed in case of a complaint. In the
same way, these things are laid down in case of State Human Rights
Commission.

The National Commission is empowered to inquire into and investigate

complaints of human rights violations and recommend appropriate relief
measures to the Government. At the state level, similar functions are entrusted
to State Commissions4. The Act had a vowed objective of establishment of
Human Rights Court at district level, apart from establishing Human Rights
Commissions at the national and state level 5. Chapter VI of the Act deals with
the Human Rights Courts. It also states that for every Human Rights Court,
the State Government shall, by notification, specify a Public Prosecutor or
appoint an advocate who has been in practice as an advocate for not less than
seven years, as a Special Public Prosecutor for the purpose of conducting cases
in that Court6.

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4.http://www.beyondintractability.org/essay/human_rights_violations/
5.http://www.businessdictionary.com/definition/human-rights.html
6.http://www.demotemp360.nic.in/news.asp?ID=1222
The Act also contains provisions for grants and funds by the Central and State
Governments as they find appropriate to the National and State Governments
respectively. Both Central and State Commissions are required to keep proper
accounts and records and is required to maintain annual accounts. The
Commission cannot inquire into any matter which is pending before a State
Commission or any other Commission duly constituted under any law for the
time being in force 7. The government of India can also constitute special
investigating teams if necessary for investigation in the matters of human
rights violations 8. Also no action can be taken against the Central or State
government and National and State governments for anything done in good
faith or with good intention in accordance with the rules of this Act. The
Central and State governments can also make rules by notification to carry out
the provisions of this Act. In case of any difficulty, the Central government can
make provisions which are not inconsistent with the provisions of this Act and
help in removing difficulty.

5. Human Rights Violations.

India, the world’s largest democratic country, is a signatory to the Universal

Declaration of Human Rights (UDHR). Civil, economic, cultural, political, and
social rights are all protected under the UDHR. Intending to uphold its
international obligation to human rights, the Indian constitution protects
human rights through the fundamental rights it has promised to its citizens.
These rights cannot be changed since they are part of our constitution’s
essential framework. Parts III and IV of the Indian Constitution require the
state to respect and protect human rights, however, only Part III (Fundamental
Rights) is enforceable, while Part IV (Directive Principles of State Policy) is only
persuasive. The safeguarding of an individual’s dignity is also mentioned in the
Constitution’s Preamble.

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7. http://www.halsburys.in/human-rights-protection.html
8.http://hindujobs.com/thehindu/mag/2002/12/15/stories/
2002121500210500.htm
Historical rulings reveal that the courts across India have made efforts to
preserve and promote human rights, but we cannot claim that it is perfect.
However, it may be said that the Supreme Court used its power of
interpretation so effectively that it broadened the scope of these rights, making
it easier for everyone to exercise them. The judiciary in India is not superior to
other organs of the state, but we do have constitutionalism, which states that
the judiciary is autonomous and that all entities must obey the Supreme
Court’s orders for the good of the country. Our legislation requires the
government to create specific organs to defend human rights in accordance
with the NHRC at the federal level, and only a few states have done so. The
point of contention is that the legislation does not establish a method for HRCs
to deal with such complaints, nor does it establish the jurisdiction of such
tribunals over violations of human rights. This confusing aspect must be
investigated by lawmakers as soon as possible so that human rights are
adequately protected and the consequences of the present legislation are not
9
dissatisfied.

In the case of Kesavananda Bharathi Vs State of Kerala 10

The very famous case of 1973 was decided by the largest bench in the history
of India which was 13 judges bench. The petitioner was the founder of the
Edneer Mutt situated in Kerala and he challenged the Kerala government’s
attempt to impose restrictions on the management of its property.

Through this case, India was gifted with the Doctrine of Basis Structure. The
court held that the doctrine of basic structure cannot be violated and
accordingly the court outlined that the power to amend the basic structure is
very very limited. It is to be noted that this case overruled the Golaknath case
and court specifically said that only because of the Parliament has the power
under Article 368 of the Constitution, it cannot rewrite the whole constitution
taking into view its power.

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9.https://blog.ipleaders.in/human-rights-vlations/
#Human_rights_violations_in_India
10. AIR 1973 SUPREME COURT 1461, 1973 4 SCC 225
In the case of Ramlila Maidan Incident Vs Union of India and Ors. 11

This case dated back to 2011 wherein there was an organization named Bharat
Swabhiman Trust that tried to organize a yoga training camp that was
supposed to include around five thousand people in Delhi Ramlila Maidan.
However, the situation did not seem to be simple. Because of an anti-
government agitation on the issue of corruption and black money, instead of
five thousand people, nearly fifty thousand people gathered on the grounds and
the police had to implement Section 144 of the CrPC prohibiting the crowd
from further creating any ruckus.

After Section 144 got implemented, it didn’t take much time for the police to
move inside the Ramlila ground at midnight while everyone was asleep and
started lathi-charge and forced the citizens to empty the ground. This led
further agitation among citizens as they started throwing bricks and further,
the police retreated with tear gases.

The court held that there is difference between restriction of right and
prohibition of a right where the prohibition of the right standard can only be
applied to such cases where no lesser alternative would be adequate.

Court also said that that section 144 intended to serve the public purpose and
this section could only be invoked when the authorities are satisfied that there
is an immediate need for prevention of danger and damage to human life, and
safety and there is prima-facie disturbance. The court also heavily criticized
the police for its act of entering the grounds at midnight and said that
reasonable notice must be provided to the public before imposing such an
order to allow the public to leave the concerned site.

Through this case, a very important right of privacy of the sleeping person from
inclusion was protected and the code observed that privacy also prevails while
a person is sleeping.

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11.[2012] 4 S.C.R. 971

6. Various Vulnerable Sections of the Society.
a. Children
Children form a very vulnerable part of the human societies. They deserve to be
valued, nurtured, and have their rights protected by responsible adults. It is
incumbent upon every human being to protect and nurture his biological
children. The world shall be a better place depending on how children are
treated today. Therefore, own selfish interests, it is advisable to wake up to the
plight of vast number of children living in poverty, where they are denied their
basic right to live as human beings. So pathetic is the condition of the world
children that the UN has formulated The Convention on the Rights of the Child
(CRC), in order to awaken slumbering nations to prevent the waste of their
most valuable natural resource.
India has more working children than any other nation. Despite Constitutional
guarantee of civil rights, children face discrimination on the basis of caste,
religion and ethnicity. Even the basic need for birth registration that will
assure them nationality and identity remain unaddressed, affecting children's
right to basic services. Everyday news of children dying of starvation, dipping
sex ratio, child marriage, child trafficking, child abuse, etc. is very common.
Violations of children's rights are not limited to poor and downtrodden only.
They happen in middle class and elite homes also, though in different forms.
Girls in vulnerable situations such as poverty, disability, homelessness etc.
find themselves doubly disadvantaged, by their gender and the physical,
economic, political, social situation that they find themselves in. It is therefore
imperative to take a gender perspective into account in examining the situation
of children. Some other examples of violations of children's rights are pre-natal
diagnostic techniques to determine the sex, illegal sale of babies, imposition of
corporal punishment on the child, children as victims of crimes – sexual abuse,
bonded labour, child labour, child prostitution, use by criminal gangs,
juveniles, etc. Various legislations like Juvenile Justice (Care and Protection of
Children) Act, 2000, Immoral Traffic (Prevention) Act, 1956, Child Marriage
Restraint Act, 1929, etc. have been made in addition to the Protection of
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Human Rights Act, 1993, to deal with specific issues.
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12.https://wildlifelawafrica.com/2023/06/07/vulnerable-groups-and-human-rights.
b. Scheduled Castes and Scheduled Tribes.
The concept of secularism is one facet of right of equality. Secularism is the
basic feature of the Indian Constitution. It envisages a cohesive, unified and
classless society. The aim of any civilized society is to secure dignity to every
individual. There cannot be dignity without equality of status and opportunity.
The absence of equal opportunities in any walk of social life is a denial of equal
status and equal participation in the affairs of the society. The condition of
scheduled castes and scheduled tribes was very bad in the society. The
Scheduled castes (lower castes) remained economically dependent, politically
powerless and culturally subjugated to the upper caste. The Scheduled Tribes
like the Scheduled Castes face structural discrimination within the Indian
society. Unlike the Scheduled Castes, the Scheduled Tribes are a product of
marginalization based on ethnicity. Their birth-right was the badge of shame;
degradation; lifelong poverty; and their only fault was to be born to their
parents. In India, the population of Scheduled Tribes is around 8 million and
they are socially and economically disadvantaged. They are mainly landless
with little control over resources such as land, forest and water. They
constitute a large proportion of agricultural laborers, casual laborers,
plantation laborers, industrial laborers, etc. This has resulted in poverty
among them, low level of education and reduced access to health care services.
Initially as according to the hierarchy followed in the society, the work of the
lowest caste in the society was to eliminate the pollution from the society. This
caste was economically dependent on the upper caste for existence.
When the Constitution of India was adopted in the year 1950, under the
influence of Dr. B.R.Ambedkar, it departed from the norms and values of the
caste system in favour of Justice, Liberty, Equality and Fraternity guaranteeing
all citizens the basic human rights regardless of caste, creed, race or ethnicity.
The implementation and enforcement of these principles has however been a
dismal failure [27]. Various legislations and rules like Scheduled Castes and
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Scheduled Tribes (Prevention of Atrocities) Act, 1989 have also been passed.
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7 NHRC – National Human Rights Commission and SHRCS – State Human
Rights Commissions.

One of the primary functions of NHRC is to receive complaints and initiate

investigations into violations of Human Rights by public servants by acts of
commission and omission through negligence on their part to prevent violation
of human rights when brought to its notice within one year of the commission
of such violation. Since its inception, the Commission has handled a variety of
types of complaints. In the latest period, the major types of complaints have
been: in respect of police administration - Failure in taking action, Unlawful
detention, False implication, Custodial violence, Illegal arrest, Other police
excesses, Custodial deaths, Encounter deaths, Harassment of prisoners; jail
conditions; Atrocities on SCs and STs; Bonded labor; child labor, Child
marriage; Communal violence; Dowry death or its attempt, dowry demand;
Abduction, rape and murder; Sexual harassment and indignity to women,
exploitation of women and numerous other complaints which cannot be
categorized, have also been taken up[33] . In the fourth Annual Meeting of
NHRC with the various SHRCs, the issues which were discussed were Camp
Commission sittings, eradication of Manual Scavenging, Right to Health,
14
Human Rights Education, Custodial justice and Human Trafficking.

The State Commissions also work in the same way as the NHRC. The area of
their jurisdiction is limited to their respective States. Also in the fourth Annual
Meeting held between the NHRC and SHRCs, the SHRCs complained about the
lack of infrastructure facilities in the State Commissions and other problems.
However, if NHRC has taken cognizance of a particular case, then any SHRC
cannot take cognizance of that case again. Also, NHRC can transfer any case to
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any SHRC if it may deem fit.

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8. Conclusion.

Human rights are a sort of special moral entitlement. They belong to an

individual as a consequence of being human. Human rights are defined at
different places differently. In India, human right now days is a burning issue.
The act passed to protect human rights i.e. Protection of National Human
Rights Act, 1993 was passed very recently with a view to prevent human rights
violations. But this Act has also proved to be deficient in some cases especially
in cases relating to violation of human rights by armed forces. It is very
necessary to protect the interests of people like SC, STs, etc. because these
people form the vulnerable section of the society. Also, the procedure followed
in NHRC and SHRCs needs to simplify a bit so that everyone including the
vulnerable sections can access it. The concept of separate human rights courts
which is coming up now a day can perhaps help in more efficient protection of
human rights of the vulnerable sections of the society.
 BIBLIOGRAPHY:

1. Justice Basu Palok, LAWS RELATING TO PROTECTION OF HUMAN

RIGHTS UNDER THE INDIAN CONSTITUTION AND ALLIED LAWS,
Modern Law Publications, 1st edn., 2006
2. Human Rights-A Basic Handbook for U N Staff-United Nations.
3. All India Reporter.
4. Indian Kanoon
5. Human Rights and Protection Act, 1993.
6. Source from Internet.

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ii. http://www.businessdictionary.com/definition/human-rights.html

iii. http://www.demotemp360.nic.in/news.asp?ID=1222
iv. http://www.halsburys.in/human-rights-protection.html.
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2002121500210500.html.
vi. https://wildlifelawafrica.com/2023/06/07/vulnerable-groups-and-
human-rights.
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20030214005312100.htm
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