Unit – I

Definition of Human Rights- Characteristics – Classifications -Theories of

Human Rights.
Introduction

Human rights refer to the "basic rights and freedoms to which all humans are entitled‖. It is the
inherent rights of a man. Human rights include civil and political rights, such as the right to life
and liberty, freedom of expression, and equality before the law; and social, cultural and
economic rights, including the right to participate in culture, the right to food, the right to work,
and the right to education.

Definition: Human Rights

According to Jeremy Bentham, human rights refer to “the basic rights and freedoms that all
humans should have the right to life and liberty, freedom of thought and expression, equality
before the law‖.

Admi Hedly points out that, ―Human rights are as simply those, most political claims which by
contemporary consensus, every human being has deemed to have upon his society and
government‖.

In the words of Abraham Lincoln, ―Nation conceived in liberty, and dedicated to the
proposition that all men are created equal‖.

The Meaning of Human Rights

All human beings are born free and equal in dignity and rights. They are endowed with reason
and conscience and should act towards one another in a spirit of brotherhood.

Human rights are rights inherent to all human beings, whatever our nationality, place of
residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all
equally entitled to our human rights without discrimination. These rights are all interrelated,
interdependent and indivisible.

Universal human rights are often expressed and guaranteed by law, in the forms of treaties,
customary international law, general principles and other sources of international law.
International human rights law lays down obligations of Governments to act in certain ways or to
refrain from certain acts, in order to promote and protect human rights and fundamental
freedoms of individuals or groups.
Human Right Commission:

World Human rights commission started in the year 26th June 1945 on San Fransisco, United
states of America, Indian human rights commission it was started in 12th October under section
21 human rights act 1993 and in Tamil nadu state human rights commission has started in 17th
April 1997.It is the non-governmental organization.

Historical evolution:

• 1215 - King John of England was forced to grant Magnacarta by the people.

• 1216-17 - Magnacarta is placed for approval before King Johnson Henri III

• 1297 - The Parliament of England approved Magnacarta

• 1628 - Magnacarta attained a statutory status/legal status and Parliament of

England added few points to Magnacarta and renamed it as Petition of rights 1689

- Petition of rights became bill of rights

• 1789 -French declaration of human rights was enacted

• 18th Century - Blackstone classified rights into personal security rights, personal liberty

rights, property rights

• 1945 - UN charter was signed and Human rights commission was established

• 1948 - Universal declaration of human rights was proposed

• 1959 - Constitutional bill of rights was proposed in Nigeria.

• 1960 - Theories related to human rights emerged

• 1963 - Rights oriented analysis was identified at America in the form of Civil

• liberties.

1983

- Oxford University press published – Paul Sieghert‘s International law of human rights

Thus the entire world supports human rights providing an opportunity for its International
recognition.

Characteristics of Human Rights

Human Rights are universal legal guarantees protecting individuals and groups against actions
which interfere with fundamental freedoms and human dignity. Some of the most important
characteristics of human rights are that they are:

• Human Rights are guaranteed by international standards and the state

• Human Rights are legally protected

• Human Rights are focused on the dignity of the human being

• Human Rights force states and state actors

• Human Rights cannot be ignored or taken away

• Human Rights are interdependent and interrelated

• Human Rights are universal

• Human Rights are available not only to a few person but to all

• Human Rights are not rigid and have a tendency to grow according to the circumstances

• Human Rights are not absolute to reasonable restrictions in the larger interest of the
society

• A state does not create rights, it merely recognizes them.

Classification of Human Rights

Human rights can be classified in a number of different ways. One of the most widely used
classifications distinguishes two general categories: They are (1) Moral Rights and (2) Legal
Rights. The legal rights are further subdivided into Civil and Political Rights.
1. Moral Rights

Natural rights, also called moral rights or unchallengeable rights, are rights which are not
dependent upon the laws, customs, or beliefs or a particular society or government. These rights
are based on the ethical and moral section of the society and do not possess any legal backing.
This implies that they cannot be enforced through the law of courts.

2. Legal Rights

These rights are recognized by the state and can be enforced through the law of courts. Legal
rights or statutory rights are rights conveyed by a particular government, codified into legal
statutes by some form of legislature, and as such are contingent upon local laws, customs, or
beliefs. Legal rights are culturally and politically relative. The legal rights can be further divided
into Civil and Political rights.

Civil and Political Rights

Civil and political rights are a class of rights ensuring things such as the protection of peoples'
physical integrity; procedural fairness in law; protection from discrimination based on gender,
religion, race, sexual orientation, etc; individual freedom of belief, speech, association, and the

press; and political participation. Civil and political rights are included in the Universal
Declaration of Human Rights and elaborated upon in the International Covenant on Civil and
Political Rights.

2. (a). Civil Rights

It provides conditions of a civilized life and facilitates the all round development of an
individual‘s personality. Civil rights are considered to be unquestionable and enforced by the
law; deserved by all people under all circumstances, especially without regard to race, creed,
color or gender.

2. (b). Political Rights

The political rights are the privileges of citizens when enable to participate in the political affairs
of the state. Mostly political rights are available under democratic system of government.

Economic, Social and Cultural Rights

Economic, social and cultural rights are socio-economic human rights; contrast with civil and
political rights. Economic, social and cultural rights are included in the Universal Declaration of
Human Rights and elaborated upon in the International Covenant on Economic, Social and
Cultural Rights. Examples of such rights include the right to food, the right to housing and the
right to health.

Fundamental Rights

Fundamental Rights governs the relationship between the state and the individuals. These
Fundamental Rights are covered in Part III of the Indian Constitution, in which Article 12 to 35
of the Indian Constitution covers the Fundamental Rights of the citizen of the country. All these
Fundamental Rights indicate that all the citizens are equally treated by the nation irrespective of
caste, sex and creed. Some of the fundamental rights are Right to Equality, Right to Freedom,
Right against exploitation and Right to Freedom of Religion.

UNIT I COMPLETED
Unit – II

Universal declaration of Human Rights –Preamble of the General Assembly -

The International Covenant on civil and political rights –International
Covenant on economics –social and cultural rights.
The Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United
Nations General Assembly (10 December 1948, Paris). The Guinness Book of Records describes
the UDHR as the "Most Translated Document" in the world. The Declaration arose directly from
the experience of the Second World War and represents the first global expression of rights to
which all human beings are inherently entitled. It consists of 30 articles which have been
elaborated in subsequent international treaties, regional human rights instruments, national
constitutions and laws. The International Bill of Human Rights consists of the Universal
Declaration of Human Rights, the International Covenant on Economic, Social and Cultural
Rights, and the International Covenant on Civil and Political Rights and its two Optional
Protocols. In 1966 the General Assembly adopted the two detailed Covenants, which complete
the International Bill of Human Rights; and in 1976, after the Covenants had been ratified by a
sufficient number of individual nations, the Bill took on the force of international law.

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have
outraged the conscience of mankind, and the advent of a world in which human beings shall
enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the
highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to

rebellion against tyranny and oppression, that human rights should be protected by the rule of
law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal rights
of men and women and have determined to promote social progress and better standards of life
in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United
Nations, the promotion of universal respect for and observance of human rights and fundamental
freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for
the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL

DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples
and all nations, to the end that every individual and every organ of society, keeping this
Declaration constantly in mind, shall strive by teaching and education to promote respect for
these rights and freedoms and by progressive measures, national and international, to secure their
universal and effective recognition and observance, both among the peoples of Member States
themselves and among the peoples of territories under their jurisdiction.

Article 1

• All human beings are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2

• Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status. Furthermore, no distinction shall be made
on the basis of the political, jurisdictional or international status of the country or territory to
which a person belongs, whether it be independent, trust, non-self-governing or under any other
limitation of sovereignty.

Article 3

• Everyone has the right to life, liberty and security of person.

Article 4

• No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms.

Article 5

• No one shall be subjected to torture or to cruel, inhuman or degrading treatment or

punishment.

Article 6
• Everyone has the right to recognition everywhere as a person before the law.

Article 7

• All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any discrimination in violation
of this Declaration and against any incitement to such discrimination.

Article 8

• Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.

Article 9

• No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

• Everyone is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any criminal charge
against him.

Article 11

• (1) Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has had all the guarantees necessary
for his defence.

• (2) No one shall be held guilty of any penal offence on account of any act or omission
which did not constitute a penal offence, under national or international law, at the time when it
was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the
time the penal offence was committed.

Article 12

• No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.

Article 13

• (1) Everyone has the right to freedom of movement and residence within the borders of
each state.
• (2) Everyone has the right to leave any country, including his own, and to return to his
country.

Article 14

• (1) Everyone has the right to seek and to enjoy in other countries asylum from
persecution.

• (2) This right may not be invoked in the case of prosecutions genuinely arising from non-
political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15

• (1) Everyone has the right to a nationality.

• (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change
his nationality.

Article 16

• (1) Men and women of full age, without any limitation due to race, nationality or religion,
have the right to marry and to found a family. They are entitled to equal rights as to marriage,
during marriage and at its dissolution.

• (2) Marriage shall be entered into only with the free and full consent of the intending
spouses.

• (3) The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.

Article 17

• (1) Everyone has the right to own property alone as well as in association with others.

• (2) No one shall be arbitrarily deprived of his property.

Article 18

• Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in teaching, practice, worship and
observance.

Article 19
• Everyone has the right to freedom of opinion and expression; this right includes freedom
to hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.

Article 20

• (1) Everyone has the right to freedom of peaceful assembly and association.

• (2) No one may be compelled to belong to an association.

Article 21

• (1) Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives.

• (2) Everyone has the right of equal access to public service in his country.

• (3) The will of the people shall be the basis of the authority of government; this will shall
be expressed in periodic and genuine elections which shall be by universal and equal suffrage
and shall be held by secret vote or by equivalent free voting procedures.

Article 22

• Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance with

the organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.

Article 23

• (1) Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.

• (2) Everyone, without any discrimination, has the right to equal pay for equal work.

• (3) Everyone who works has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if necessary, by
other means of social protection.

• (4) Everyone has the right to form and to join trade unions for the protection of his
interests.

Article 24

• Everyone has the right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay.
Article 25

• (1) Everyone has the right to a standard of living adequate for the health and well-being
of himself and of his family, including food, clothing, housing and medical care and necessary
social services, and the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his control.

• (2) Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

• (1) Everyone has the right to education. Education shall be free, at least in the elementary
and fundamental stages. Elementary education shall be compulsory. Technical and professional
education shall be made generally available and higher education shall be equally accessible to
all on the basis of merit.

• (2) Education shall be directed to the full development of the human personality and to
the strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups, and shall
further the activities of the United Nations for the maintenance of peace.

• (3) Parents have a prior right to choose the kind of education that shall be given to their
children.

Article 27

• (1) Everyone has the right freely to participate in the cultural life of the community, to
enjoy the arts and to share in scientific advancement and its benefits.

• (2) Everyone has the right to the protection of the moral and material interests resulting
from any scientific, literary or artistic production of which he is the author.

Article 28

• Everyone is entitled to a social and international order in which the rights and freedoms
set forth in this Declaration can be fully realized.

Article 29

• (1) Everyone has duties to the community in which alone the free and full development
of his personality is possible.

• (2) In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due recognition and
respect for the rights and freedoms of others and of meeting the just requirements of morality,
public order and the general welfare in a democratic society.

• (3) These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.

Article 30

• Nothing in this Declaration may be interpreted as implying for any State, group or person
any right to engage in any activity or to perform any act aimed at the destruction of any of the
rights and freedoms set forth herein.

International Bill of Human Rights

The International Bill of Human Rights is an informal name given to two international treaties
and one General Assembly resolution established by the United Nations. It consists of the
Universal Declaration of Human Rights (adopted in 1948), the International Covenant on Civil
and Political Rights (1966) with its two Optional Protocols and the International Covenant on
Economic, Social and Cultural Rights (1966). The two covenants entered into force in 1976,
after a sufficient number of countries had ratified them.

International Covenant (Agreement) on Economic, Social and Cultural Rights

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral
agreement adopted by the United Nations General Assembly on December 16, 1966, and in force
from January 3, 1976. It commits its parties to work toward the granting of economic, social, and
cultural rights (ESCR) to individuals, including labour rights and rights to health, education, and
an adequate standard of living. As of December, 2008, the Covenant had 159 parties. A further
seven countries had signed, but not yet approves the Covenant.

Origin

ICESCR has its roots in the same process that led to the Universal Declaration of Human Rights.
A "Declaration on the Essential Rights of Man" had been proposed at the 1945 San Francisco
Conference which led to the founding of the United Nations, and the Economic and Social
Council was given the task of drafting it. 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 first document became the International Covenant on Civil and Political Rights, and the
second the International Covenant on Economic, Social and Cultural Rights. The drafts were
presented to the UN General Assembly for discussion in 1954, and adopted in 1966
a) Summary of ICESCR

The Covenant follows the structure of the UDHR and ICCPR, with a preamble and thirty-one
articles, divided into five parts.

Part 1 (Article 1) recognizes the rights of all people to self-determination, including the right to

―freely determine their political status‖, pursues their economic, social and cultural goals, and
manages and disposes of their own resources. It recognizes a negative right of a people not to be
deprived of its means of subsistence, and imposes an obligation on those parties still responsible
for non-self governing and trust territories (colonies) to encourage and respect their self-
determination.

Part 2 (Articles 2 - 5) establishes the principle of "progressive realization". It also requires the
rights be recognized "without discrimination of any kind as to race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status". The
rights can only be limited by law, in a manner compatible with the nature of the rights, and only
for the purpose of "promoting the general welfare in a democratic society"

Part 3 (Articles 6 - 15) lists the rights themselves. These include rights to

• Work, under "just and favorable conditions", with the right to form and join trade unions
(Articles 6, 7, and 8);

• Social security, including social insurance (Article 9);

• family life, including paid parental leave and the protection of children (Article 10)

• An adequate standard of living, including adequate food, clothing and housing, and the
"continuous improvement of living conditions" (Article 11);

• Health, specifically "the highest attainable standard of physical and mental health"
(Article 12)

• Education, including free universal primary education, generally available secondary

education, and equally accessible higher education. This should be directed to "the full
development of the human personality and the sense of its dignity", and enable all persons to
participate effectively in society (Articles 13 and 14);

• Participation in cultural life (Article 15).

Many of these rights include specific actions which must be undertaken to realize them.
Part 4 (Articles 16 - 25) governs reporting and monitoring of the Covenant and the steps taken by
the parties to implement it. It also allows the monitoring body - originally the United Nations
Economic and Social Council - now the Committee on Economic, Social and Cultural Rights -
see below - to make general recommendations to the UN General Assembly on appropriate
measures to realize the rights (Article 21)

Part 5 (Articles 26 - 31) governs approval, entry into force, and amendment of the Covenant.

b) Core Provisions of ICESCR

1. Principle of Progressive Realization

Article 2 of the Covenant is known as the principle of "progressive realization". It acknowledges

that some of the rights (for example, the right to health) may be difficult in practice to achieve in
a short period of time, and that states may be subject to resource constraints, but requires them to
act as best they can within their means.

2. Labour Rights

Article 6 of the Covenant recognizes the right to work, defined as the opportunity of everyone to
gain their living by freely chosen or accepted work. The right implies parties must guarantee
equal access to employment and protect workers from being unfairly deprived of employment.
They must prevent discrimination in the workplace and ensure access for the disadvantaged

3. The Right to Social Security

Article 9 of the Covenant recognizes "the right of everyone to social security, including social
insurance." It requires parties to provide some form of social insurance scheme to protect people
against the risks of sickness, disability, maternity, employment injury, unemployment or old age;
to provide for survivors, orphans, and those who cannot afford health care; and to ensure that
families are adequately supported.

4. The Right to Family Life

Article 10 of the Covenant recognizes the family as "the natural and fundamental group unit of
society", and requires parties to accord it "the widest possible protection and assistance." Parties
must ensure that their citizens are free to establish families and those marriages are freely
contracted and not forced.

5. The Right to an Adequate Standard Of Living

Article 11 recognizes the right of everyone to an adequate standard of living. This includes, but
is not limited to, the right to adequate food, clothing, housing, and "the continuous improvement
of living conditions." It also creates an obligation on parties to work together to eliminate world
hunger.
6. The Right to Health

Article 12 of the Covenant recognizes the right of everyone to "the enjoyment of the highest
attainable standard of physical and mental health." "Health" is understood not just as a right to be
healthy, but as a right to control ones own health and body (including reproduction), and be free
from interference such as suffering or medical experimentation

7. The Right to Education

Article 13 of the Covenant recognizes the right of everyone to education. This is to be directed
towards "the full development of the human personality and the sense of its dignity" and enable
all persons to participate effectively in society. Education is seen both as a human right and as
"an indispensable means of realizing other human rights", and so this is one of the longest and
most important articles of the Covenant.

8. The Right to Participation in Cultural Life

Article 15 of the Covenant recognizes the right of everyone to participate in cultural life, enjoy
the benefits of scientific progress, and to benefit from the protection of the moral and material
rights to any scientific discovery or artistic work they have created.

c) Optional Protocol

The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is
a side-agreement to the Covenant which allows its parties to recognize the competence of the
Committee on Economic Social and Cultural Rights to consider complaints from individuals.

The Optional Protocol was adopted by the UN General Assembly on 10 December 2008

d) The Committee on Economic, Social and Cultural Rights

The Committee on Economic, Social and Cultural Rights is a body of human rights experts
tasked with monitoring the implementation of the Covenant. It consists of 18 independent human
rights experts, elected for four-year terms, with half the members elected every two years. Unlike
other human rights monitoring bodies, the Committee was not established by the treaty it
oversees. Rather, it was established by the Economic and Social Council following the failure of
two previous monitoring bodies. The Committee typically meets every May and November in
Geneva

Fundamental Rights in India

The Fundamental Rights are defined as basic human freedoms which every Indian citizen has the
right to enjoy for a proper and harmonious development of personality. The Fundamental Rights
in India enshrined in the Part III of the Constitution of India guarantee civil liberties such that all
Indians can lead their lives in peace and harmony as citizens of India. Violations of these rights
result in punishments as prescribed in the Indian Penal Code, subject to discretion of the
judiciary.

These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste,
creed, colour or sex. They are enforceable by the courts, subject to certain restrictions. The
Rights have their origins in many sources, including England's Bill of Rights, the United States
Bill of Rights and France's Declaration of the Rights of Man.

These include individual rights common to most liberal democracies, such as equality before
law, freedom of speech and expression, freedom of association and peaceful assembly, freedom
to practice religion, and the right to constitutional remedies for the protection of civil rights by
means of writs.

The six fundamental rights are:

1. Right to equality

2. Right to freedom

3. Right against exploitation

4. Right to freedom of religion

5. Cultural and educational rights

6. Right to constitutional remedies

Significance and Characteristics of Fundamental Rights

The Fundamental Rights embodied in the Part III of the Indian constitution act as a guarantee
that all Indian citizens can and will lead their lives in peace and agreement as citizens of India.
These civil liberties take priority over other laws of the country.

Significance of Fundamental Rights

1. The constitution guaranteed to all the citizens of India the freedom of speech and
expression and various other freedoms in the form of the Fundamental Rights.

2. Fundamental Rights help not only in protection but also the prevention of gross violations
of human rights.

3. All people, irrespective of race, religion, caste or sex, have been given the right to move
the Supreme Court and the High Courts for the enforcement of their Fundamental Rights.
4. They emphasize on the fundamental unity of India by guaranteeing to all citizens the
access and use of the same facilities, irrespective of background.

5. Fundamental rights primarily protect individuals from any arbitrary state actions, but
some rights are enforceable against individuals.

Characteristics of Fundamental Rights

1. Some Fundamental Rights apply for persons of any nationality whereas others are
available only to the citizens of India.

2. The right to life and personal liberty is available to all people and so is the right to
freedom of religion. On the other hand, freedoms of speech and expression and freedom to reside
and settle in any part of the country are reserved to citizens alone, including non-resident Indian
citizens.

3. The right to equality in matters of public employment cannot be conferd to overseas

citizens of India.

4. These rights are not absolute or uncontrolled and are subject to reasonable restrictions as
necessary for the protection of general welfare. They can also be selectively curtailed.

5. The Supreme Court has ruled that all provisions of the Constitution, including
Fundamental Rights can be amended.

6. Parliament cannot alter the basic structure of the constitution. Features such as secularism
and democracy fall under this category.

7. Since the Fundamental Rights can only be altered by a constitutional amendment, their
inclusion is a check not only on the executive branch, but also on the Parliament and state
legislatures.

8. A state of national emergency has an adverse effect on these rights.

UNIT II COMPLETED
UNIT-III

Constitutional guarantee on Human Rights –Fundamental rights – Directive

principles –Civil and political rights.
Introduction

Civil and political rights are a class of rights ensuring things such as the protection of peoples'
physical integrity; procedural fairness in law; protection from discrimination based on gender,
religion, race, sexual orientation, etc; individual freedom of belief, speech, association, and the
press; and political participation. Contrast with economic, social and cultural rights. Civil and
political rights are included in the Universal Declaration of Human Rights and elaborated upon
in the International Covenant on Civil and Political Rights.

Right to work

The right to work is closely related to other basic rights such as the right to life, the right to food
and the right to education. In a country where millions of people are underprivileged of any
economic assets other than labour power, gainful employment is essential for these rights to be
fulfilled. The right to work states that everyone should be given the opportunity to work for a
basic living wage. The right to work is insisted in the Universal Declaration of Human Rights
and International Covenant on Economic, Social and Cultural Rights as follows:

• Article 23.1 of the Universal Declaration of Human Rights states: "Everyone has the right
to work, to free choice of employment, to just and favorable conditions of work and to protection
against unemployment."

• Article of ICESCR: The International Covenant on Economic, Social and Cultural Rights
elaborates the right to work in the context of individual freedoms and economic, social and
cultural development. The Covenant also elaborates the role of the State in realizing this human
right.

Indian Constitutional Framework on Right to Work

The Indian constitution refers to the right to work under the ―directive principles of state
Policy‖. Article 39 insists on the State to ensure that ―the citizens, men and women
equally, Have the right to an adequate means to livelihood‖, and that ―there is equal pay for
equal Work for both men and women. Further, Article 41 stresses that ―the state, shall
within the Limits of its economic capacity and development make effective provision for
securing right to work‖

Reality of the Right to Work in India

In India, there is a long tradition of labour-intensive rural works programmes, especially in years
of drought. These programmes, however, are not based on the right to work. They are just
additional employment opportunities provided by the state, as and when resources and
commitment are available. So far, the only serious attempt to make the right to work a reality is

―employment guarantee schemes‖.

Significance of the Right to work in India

There are several reasons why a guarantee of employment, as opposed to ad hoc employment
provisions by state, can make a real difference:

• A guarantee of employment strengthens the bargaining power of those who are

demanding work. This consideration is paramount, given the pervasive problem of official inertia
in the absence of organized public pressure.

• A demand-driven approach ensures that employment is provided where and when it is

most needed. When employment is allocated from the top down, the whims of bureaucrats and
politicians often matter more than the real needs of the people.

• An employment guarantee scheme also facilitates the inclusion of the poorest of the poor
in employment programmes. When employment opportunities are limited, those with greater
clout and better connections (among potential workers) tend to get the work at the expense of the
more vulnerable. In contrast, an open-ended employment guarantee is based on ―self-
selection‖, whereby the poor themselves decide whether or not to participate.

• The right to work brings security in people‘s lives. Today, labourers cannot count on
employment being provided to them during the lean season. The result is massive seasonal
migration, especially in dry land areas. An employment guarantee programme would give
labourers greater confidence in the prospect of local employment, and discourage seasonal
migration.

Right to Personal Freedom

The Constitution of India contains the right to freedom, given in articles 19, 20, 21 and 22, with
the view of guaranteeing individual rights that were considered vital by the framers of the
constitution. The right to freedom in Article 19 guarantees the following freedoms.

Personal freedom in the context of human rights guarantees that the state has a responsibility to:

• Freedom of speech and expression, which enable an individual to participate in public

activities. The phrase, "freedom of press" has not been used in Article 19, but freedom of
expression includes freedom of press. Reasonable restrictions can be imposed in the interest of
public order, security of State, decency or morality.

• Freedom to assemble peacefully without arms, on which the State can impose reasonable
restrictions in the interest of public order and the sovereignty and integrity of India.

• Freedom to form associations or unions on which the State can impose reasonable
restrictions on this freedom in the interest of public order, morality and the sovereignty and
integrity of India.

• Freedom to move freely throughout the territory of India though reasonable restrictions
can be imposed on this right in the interest of the general public, for example, restrictions may be
imposed on movement and traveling, so as to control epidemics.

• Freedom to reside and settle in any part of the territory of India which is also subject to
reasonable restrictions by the State in the interest of the general public or for the protection of the
scheduled tribes because certain safeguards as are envisaged here seem to be justified to protect
indigenous and tribal peoples from exploitation and coercion.

• Freedom to practice any profession or to carry on any occupation, trade or business on

which the State may impose reasonable restrictions in the interest of the general public. Thus,
there is no right to carry on a business which is dangerous or immoral. Also, professional or
technical qualifications may be prescribed for practicing any profession or carrying on any trade.

Right to Freedom of Expression or Freedom of Speech

Freedom of expression is a cornerstone of democratic rights and freedoms. Freedom of speech

and expression, which enable an individual to participate in public activities. Freedom of speech
is the freedom to speak freely without restriction or limitation. The synonymous term freedom of
expression is sometimes used to denote not only freedom of verbal speech but any act of seeking,
receiving and imparting information or ideas, regardless of the medium used.

Importance of the Right to Freedom of Expression & Speech

• Freedom of expression is essential in enabling democracy to work and public

participation in decision-making.

• Citizens cannot exercise their right to vote effectively or take part in public decision-
making if they do not have free access to information and ideas and are not able to express their
views freely.

• Freedom of expression is thus not only important for individual dignity but also to
participation, accountability and democracy.
• Violations of freedom of expression often go hand in hand with other violations, in
particular the right to freedom of association and assembly.

Indian Constitutional Framework on Right to Freedom of Expression

Article 19: Protection of certain rights regarding freedom of speech, etc. are clearly specified in
the Article

Article 20: This Article states the Protection in respect of conviction for offenses Article 21:
Protection of life and personal liberty is mentioned in the Article

Article 22: This Article deals with Protection against arrest and detention in certain cases

The Constitution of India contains the right to freedom, given in articles 19, 20, 21 and 22, with
the view of guaranteeing individual rights that were considered vital by the framers of the
constitution. The right to freedom in Article 19 guarantees the Freedom of speech and
expression, as one of following six freedoms.

Freedom of speech, or the freedom of expression, is recognized in international and regional

human rights law. The right is protected in Article 19 of the International Covenant on Civil and
Political Rights, Article 10 of the European Convention on Human Rights, Article 13 of the
American Convention on Human Rights, and Article 9 of the African Charter on Human and
Peoples' Rights

The freedom of speech today is understood as a multi-faceted right that includes not only the
right to express, or disseminate, information and ideas, but three further distinct aspects:

• The right to seek information and ideas;

• The right to receive information and ideas;

• The right to impart information and ideas.

International, regional and national standards also recognizes that freedom of speech, as the
freedom of expression, includes any medium, be it orally, in written, in print, through the
Internet or through art forms. This means that the protection of freedom of speech as a right
includes not only the content, but also the means of expression

Relationship to Other Rights

The right to freedom of speech is closely related to other rights, and may be limited when
conflicting with other rights. The right to freedom of speech is particularly important for media,
which plays a special role as the bearer of the general right to freedom of expression for all
Reasonable Restrictions

The freedom of speech and of the press does not confer an absolute right to express without any
responsibility. Reasonable restrictions on these grounds can be imposed only by a duly enacted
law and not by executive action. With the same token Clause (2) of Article 19 of the Indian
constitution enables the legislature to impose reasonable restrictions on free speech under
following heads:

I. security of the State,

II. Friendly relations with foreign States,
III. Public order,
IV. Decency and morality,
V. Contempt of court,
VI. Defamation (Insult)
VII. Incitement (Encouragement) to an offence, and
VIII. Sovereignty and integrity of India.

Limitations on Freedom of Speech

• The freedom of speech is not absolute.

• Legal systems, and society at large, recognize limits on the freedom of speech,
particularly when freedom of speech conflicts with other values or rights.

• Exercising freedom of speech always takes place within a context of competing values.

• Limitations to freedom of speech may follow the "harm principle" or the "offense
principle", for example in the case of pornography or "hate speech.

• Limitations to freedom of speech may occur through legal sanction and/or social
disapprobation.

Right to Property

Property is any physical or fundamental body that is owned by an individual or jointly by a

group of individuals. Owner of property has the right to consume, sell, rent, mortgage, transfer
and exchange his or her property. Hence Property rights are defined as a bundle of entitlements
defining the owner‘s rights, privileges and limitations for use of a resource.

Constitutional Framework on the Right to Property

The Indian Constitution does not recognize property right as a fundamental right. In the year
1977, the 44th amendment eliminated the right to ―acquire, hold and dispose of property‖ as a
fundamental right. However, in another part of the Constitution, Article 300 (A) was inserted to
affirm that ―no person shall be deprived of his property save by authority of law‖. The result is
that the right to property as a fundamental right is now substituted as a statutory right. The
amendment expanded the power of the state to appropriate property for ―social welfare
purposes‖.

Woman's Right to Property

The law gives all women the right to own property. Moreover, the law pertaining to the Right to
Property states that:

• Every woman has the right to acquire and hold property in her own name

• A woman can do anything she wants with her property

• A woman has the right to receive and keep her earnings and spend it in any way she
wants

• Women, like men, have the right to buy or sell property

• Women also have a share in the properties of their parents or other relatives.

• Their share depends on the laws according to their religion.

Right to Education

The right to education is a fundamental human right. Every individual, irrespective of race,
gender, nationality, ethnic or social origin, religion or political preference, age or disability, is

entitled to a free elementary education. Free and compulsory education to all children up to the
age fourteen is constitutional commitment in India.

Constitutional framework on Right to Education

The Constitution of India provides Fundamental Rights under Chapter III. These rights are
guaranteed by the constitution. One of these rights is provided under article 21(A) which read as
follows:

Article 21(A): ―The State shall provide free and compulsory education to all children of the age
of six to fourteen years in such manner as the State may, by law, determine.‖

Right to Equality
The right to equality is one of the six rights that have been granted to us. In the Indian
Constitution this right has been described as

―The State shall not discriminate against any citizen on grounds only of religion, race, caste,
sex, place of birth or any of them.‖

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 access to shops, public
restaurants, hotels and places of public entertainment; or the use of wells, tanks, roads and places
of public resort maintained wholly or partly out of State funds or dedicated to the use of the
general public.

Constitutional framework on Right to Equality:

Article 14: The provisions regarding Equality before Law are included in this Article

Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
is specified in this Article

Article 16: This Article consists of Rights of Equality of opportunity in matters of public
employment

Article 17: Abolition of untouchability is mentioned in this particular Article Article 18: This
Article provides details about Abolition of titles

Right to Religion

Right to Religion is a fundamental right guaranteed by the Indian constitution. Every citizen of
India has a right to practice and promote their religions peacefully. However there have been
many incidence of religious intolerance which resulted in riots, although the issues which caused
these riots have been investigated and dealt with

Importance of Religion

Religion in each civilization has indicated about the faith of human beings in absolute values and
a way of life to realize them. Therefore laws, customs, conventions and fashions etc. are not the
only means of social control but the religion and morality also formulate and shape the human
behavior. Religion and morality are the most influential forces of social control as well as the

most effective guides of the human behavior. The social life of a man in addition of its
economics, political, philosophical, and scientific and other aspects, has also religious aspects.

Definition of Religion
According to Kingslay Davis, ―Religion is the part of society. It is common to the
group; its beliefs and practices are acquired by each individual as a member of the group‖.

Constitutional framework on Right to Freedom of Religion

Article 25: Particulars of Freedom of conscience and free profession, practice and propagation of
religion are clearly enumerated in this Article

Article 26: The Article specifies the Freedom to manage religious affairs

Article 27: Freedom as to payment of taxes for promotion of any particular religion is stated in
the Article

Article 28: This Article includes Freedom as to attendance at religious instruction or religious
worship in certain education institutions

Right to Family

The family is the fundamental and natural unit of society where more than one person living
together is a family and there should be blood relation among them which requires the full
protection of the State. Human rights law upholds the positive right of all people to marry and
found a family. The family unit can be made vulnerable to social, economic, and political
pressures.

Constitutional framework on Right to Family

Article 12 of the Indian constitution ensures the following under right to have family

(a) Right to marry and found a family

(b) Equal rights of men and women in the family
(c) Right to give full and free permission to marriage
(d) Right to family planning
(e) Rights of children to parental care
(f) Right to family reunification

Right to Contract

Freedom of contract is a basic and fundamental right reserved to the people. It refers Right to
contract is the freedom of individuals to bargain among themselves the terms of their own
contracts, without government interference. In other words, it refers the liberty or ability to enter
into agreements with others.

Contract Act

This Act may be called the Indian Contract Act, 1872 and it came into force on the first day of
September, 1872.
Right to Constitutional Remedies

The right to constitutional remedies allows Indian citizens to stand up for their rights against
anybody even the government of India. It empowers the citizens to move a court of law in case
of any denial of the fundamental rights. For instance, in case of imprisonment, the citizen can ask
the court to see if it is according to the provisions of the law of the country. If the court finds that
it is not, the person will have to be freed. This procedure of asking the courts to preserve or
safeguard the citizens' fundamental rights can be done in various ways. The courts can issue
various kinds of writs.

Writ

In law, a writ is a formal written order issued by a body with administrative or judicial
jurisdiction.

Constitutional framework on Right to Constitutional Remedies

Article 32: Remedies for enforcement of rights conferred by this part have been included in the
Article

Article 33: This particular article addresses the Power of Parliament to modify the rights
conferred by this Part in their application to forces, etc.

Article 34: Restriction on rights conferred by this Part while martial law is in force in any area is
mentioned in the Article

Article 35: This Article indicates the Legislation to give effect to the provisions of this Part
Fundamental Duties

Right to Vote and Contest In Elections

India is a Socialist, Secular, Democratic Republic and the largest democracy in the World. The
modern Indian nation state came into existence on 15th of August 1947. Since then free and fair
elections have been held at regular intervals as per the principles enshrined in the Constitution,
Electoral Laws and System. Every Indian citizen with 18 years and above has the right to vote in
elections.

Constitutional Frame work on Right to Contest in Election

1. A non citizen cannot be a contesting candidate in the elections. Article 84 (a) of the
Constitution of India envisages that a person shall not be qualified to be chosen to fill up a seat in
the Parliament unless he is a citizen of India. Similar provision exists for State Legislative
Assemblies in Article 173 (a) of the Constitution.
 2. Article 84 (b) of Constitution of India provides that the minimum age for becoming a
candidate for Lok Sabha election shall be 25 years. Similar provision exists for candidates to the
Legislative Assemblies vide Article 173 (b) of the Constitution read with Sec. 36 (2) of the Act,
1950.

3. For contesting an election as a candidate a person must be registered as a voter. Sec 4 (d)
of Representation People Act, 1951 precludes a person from contesting unless he is an elector in
any parliamentary constituency. Section 5 (c) of Act, 1951 has a similar provision for Assembly
Constituencies.

4. As per Section 8 (3) of R. P. Act, 1951, if a person is convicted of any offence and
sentenced to an imprisonment of 2 years or more, this will be disqualification to contest
elections.

5. According to section 62(5) of the Representation of the People Act, 1951, no person shall
vote at any election if he is confined in a prison, whether under a sentence of imprisonment or
transportation or otherwise, or is in the lawful custody of the police.

6. A person who wants to fight the elections just needs to be an Indian citizen, not less than
25 years of age, and should be a voter from any parliamentary constituency in the country.

7. As per Section 33 (7) of R. P. Act, 1951, a person cannot contest from more than two
constituencies for a Lok Sabha election.

Criteria for disqualification

• A candidate can be disqualified on the ground that he or she is convicted for an offence
and sentenced to imprisonment.

• Another important factor is that the prospective candidate should not be disqualified by
any law made by parliament or for political defection.

• For a government servant, criteria for disqualification could be that he or she has been
dismissed for corruption or for disloyalty to the state.

• Also, a person should not have been convicted for promoting enmity between different
groups or for bribery, or punished for preaching and practising social crimes such as
untouchablity, dowry and sati.

• And last, but not the least, the candidate must not be of unsound mind.

Right to Hold Public Office

It means to hold an elected/selected/appointed position at a local, state, or national level. Indian
citizen under Article 5 of the constitution, are eligible to hold high constitutional offices.

Indian Constitutional framework on Right to Public Office

An Indian Citizen can hold public offices in t the following circumstances

• To improve the economic, moral, educational and health status of its members and to
cooperate with and seek the assistance in carrying out mutual programs to accomplish these
purposes by all possible means.

• To promotes in other ways the common well being of the tribe and its membership.

Right to Petition

The right to petition the government is the freedom of individuals (and sometimes groups and
corporations) to petition their government for a correction or repair of some form of injustice
without fear of punishment for the same. Although often overlooked in favor of other more
famous freedoms and sometimes taken for granted, many other civil liberties are enforceable
against the government only by exercising this basic right, making it a fundamental right in both
representative democracies (to protect public participation) and liberal democracies. The "right
to petition," is not mentioned in the Universal Declaration of Human Rights, but the related
freedom of assembly and right to "take part in the government" are

The right to petition Parliament in a democracy is basic and of immense importance. The Rules
of the Council of States (Rajya Sabha) permit all citizens of the country to petition the Rajya
Sabha in respect of the following: -

• Any Bill which has been published in the Gazette of India or which has been introduced
or in respect of which Notice of a Motion has been received.

• Any matter of general public interest which falls within the domain of the Government of
India. (Excepting matters which are sub judice or for which remedy is available under Law,
Rules, Regulations or Bye-laws made by or under the authority of the Central Government)

• Petitions may be submitted English or Hindi, signed by the Petitioner

Right to Information

The Right to Information Act 2005 (RTI) is an act of the Parliament of India ―to provide for
setting out the practical regime of right to information for citizens‖. The Act applies to all states
and union territories of India except the state of Jammu & Kashmir.

Jammu and Kashmir has its own act called Jammu & Kashmir Right to Information Act, 2009.
Under the provisions of the right to information act, any citizen may request information from a
"public authority" (a body of Government or "instrumentality of State") which is required to
reply expeditiously or within thirty days.

The Act also requires every public authority to computerize their records for wide dissemination
and to pro-actively publish certain categories of information so that the citizens need minimum
recourse to request for information formally. This law was passed by Parliament on 15 June 2005
and came fully into force on 12 October 2005.

Information disclosure in India was restricted by the Official Secrets Act 1923 and various other
special laws, which the new RTI Act now relaxes.

The Act empowers applicant citizens to:

• Obtain copies of permissible governmental documents.

• Inspect permissible governmental documents.

• Inspect permissible Governmental works and obtain samples

Exclusions:

Central Intelligence and Security agencies specified in the Second Schedule like IB, Directorate
General of Income Tax Investigation, RAW, Central Bureau of Investigation (CBI), Directorate
of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement,
Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP,
CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and
Nicobar, The Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch,
Lakshadweep Police

Information Exclusions

• Information, disclosure of which would prejudicially affect the sovereignty and integrity
of India

• Information which has been expressly forbidden to be published by any court of law or
tribunal or the disclosure of which may constitute contempt of court;

• Information including commercial confidence, trade secrets or intellectual property

• Information received in confidence from foreign Government;

• Information, the disclosure of which would endanger the life or physical safety of any

• Information which would impede the process of investigation or apprehension or

prosecution of offenders;
• Cabinet papers including records of deliberations of the Council of Ministers, Secretaries
and other officers

Right to Criticize Government

It is the freedom to speak freely without restriction or limitation about the government. In India,
People have the right to criticize government policy and government. It is considered as the
modern human rights instruments.

Indian Constitutional framework on Right to Criticize Government

In India the right to criticize the government policy and government is going along with the
freedom of speech and expression.

Right to Movement

Freedom of movement is part of the "liberty of man" (Jagerskiold) thus making it one of the
most basic human rights.

Article 13 of the Universal Declaration of Human Rights stipulate:

Everyone has the right to freedom of movement and residence within the borders of each State.
Everyone has the right to leave any country, including his own, and return to his country.

The right to free movement or the denial of it, within national and international borders can have
profound effects upon other basic human rights also outlined in the Universal Declaration of
Human Rights and other treaties.

Without the right to leave ones home, an individual may be politically repressed, prevented from
observing his/her chosen religion, prevented from enjoying the basic right to marriage or family
life, or blocked from a job or an education that ultimately could enhance his/her quality of life.
Thus, while free movement may seem on the surface to be a fairly minor and obvious human
right, it actually is one of the most basic rights that in many nations around the world, when
violated; cause numerous problems and cases of suffering.

Directive Principles of India (Fundamental Duties of India)

Directive Principles of State Policy is guidelines to the central and state governments of India, to
be kept in mind while framing laws and policies. These provisions, contained in Part IV of the
Constitution of India, are not enforceable by any court, but the principles laid down therein are
considered fundamental in the governance of the country, making it the duty of the State to apply
these principles in making laws to establish a just society in the country. The principles have
been inspired by the Directive Principles given in the Constitution of Ireland and also by the
principles of Gandhism; and relate to social justice, economic welfare, foreign policy, and legal
and administrative matters.
Directive Principles are classified under the following categories: Gandhian, economic and
socialistic, political and administrative, justice and legal, environmental, protection of
monuments and peace and security.

History

The concept of Directive Principles of State Policy was borrowed from the Irish Constitution.
The makers of the Constitution of India were influenced by the Irish nationalist movement.
Hence, the Directive Principles of the Indian constitution have been greatly influenced by the
Directive Principles of State Policy. The idea of such policies "can be traced to the Declaration
of the Rights of Man proclaimed Revolutionary France and the Declaration of Independence by
the American Colonies." The Indian constitution was also influenced by the United Nations
Universal Declaration of Human Rights.

Characteristics of Directive Principles of State Policy (DPSP)

1. DPSP‘s aim to create social and economic conditions under which the citizens can lead a
good life.

2. They also aim to establish social and economic democracy through a welfare state.

3. They act as a check on the government, theorized as a yardstick in the hands of the
people to measure the performance of the government and vote it out of power if it does not
fulfill the promises made during the elections.

4. The Directive Principles are non-justifiable rights of the people.

5. Article 31-C, inserted by the 25th Amendment Act of 1971 seeks to upgrade the
Directive Principles.

6. If laws are made to give effect to the Directive Principles over Fundamental Rights, they
shall not be invalid on the grounds that they take away the Fundamental Rights.

7. In case of a conflict between Fundamental Rights and DPSP's, if the DPSP aims at
promoting larger interest of the society, the courts shall have to uphold the case in favor of the
DPSP.

8. The Directive Principles, though not justifiable, are fundamental in the governance of the
country.

9. It shall be the duty of the State to apply these principles in making laws. Besides, all
executive agencies should also be guided by these principles. Even the judiciary has to keep
them in mind in deciding cases.
Directives for the State (Commands in the Directive Principles of State Policy)

1. Article 36 - Definition
2. Article 37 - Application of the principles contained in this Part

3. Article 38 - State to secure a social order for the promotion of welfare of the people
4. Article 39 - Certain principles of policy to be followed by the State
5. Article 39A - Equal justice and free legal aid
6. Article 40 - Organization of village panchayats
7. Article 41 - Right to work, to education and to public assistance in certain cases
8. Article 42 - Provision for just and humane conditions of work and maternity relief
9. Article 43 - Living wage, etc., for workers
10. Article 43A - Participation of workers in management of industries
11. Article 44 - Uniform civil code for the citizen
12. Article 45 - Provision for free and compulsory education for children
13. Article 46 - Promotion of educational and economic interests of Scheduled Castes,
Scheduled Tribes and other weaker sections
14. Article 47 - Duty of the State to raise the level of nutrition and the standard of living and
to improve public health
15. Article 48 - Organization of agriculture and animal husbandry
16. Article 48A - Protection and improvement of environment and safeguarding of forests
and wild life
17. Article 49 - Protection of monuments and places and objects of national importance
18. Article 50 - Separation of judiciary from executive
19. Article 51 - Promotion of international peace and security

Amendments of the Directive Principles of State Policy

Changes in Directive Principles require a Constitutional amendment which has to be passed by a

special majority of both houses of the Parliament. This means that an amendment requires the
approval of two-thirds of the members present and voting. However, the number of members
voting should not be less than the simple majority of the house — whether the Lok Sabha or
Rajya Sabha.

UNIT III COMPLETED

UNIT-IV

Economic rights –Rights to work – Right for adequate wages –reasonable

hours of work –Conventions on Freedom of associations- convention on the
abolishion of forced labour.
Unit IV ECONOMIC RIGHTS

Economic rights deals with the right to work, earn, spend and save.

ICESCR is the International legal source of economic, social and cultural rights. ARTICLES OF
ICESCR

6 and 7 – Right to work and Right to just and favorable conditions of work 8 – Right to join the
trade unions

9 – Right to social security

10 – Right to protection of family, standard of living 11 – Right of health

12 – Right to education

13 – Right to participate in cultural life RIGHT TO WORK:

The right to work is closely related to other basic rights such as the right to life, the right to food
and the right to education.

In a country where millions of people are underprivileged of any economic assets other than
labour power, gainful employment is essential for these rights to be fulfilled.

The right to work states that everyone should be given the opportunity to work for a basic living
wage.

Article 23.1 of the Universal Declaration of Human Rights states

"Everyone has the right to work, to free choice of employment, to just and favorable conditions
of work and to protection against unemployment.―

The International Covenant on Economic, Social and Cultural Rights elaborates the right to work
in the context of individual freedoms and economic, social and cultural development.

The Covenant also elaborates the role of the State in realizing this human right.

Indian Constitutional Framework on Right to Work

The Indian constitution refers to the right to work under the ―directive principles of state
Policy‖.
Article 39 insists on the State to ensure that ―the citizens, men and women equally, Have the
right to an adequate means to livelihood‖, and that ―there is equal pay for equal Work for both
men and women.

Further, Article 41 stresses that ―the state, shall within the Limits of its economic
capacity and development make effective provision for securing right to work‖

Significance of the Right to work in India

• A guarantee of employment strengthens the bargaining power of those who are

demanding work.

• When employment opportunities are limited, those with greater clout and better
connections (among potential workers) tend to get the work at the expense of the more
vulnerable.

• An employment guarantee programme would give labourers greater confidence in

the prospect of local employment, and discourage seasonal migration.

MGNREGA 2005

• The Mahatma Gandhi National Rural Employment Guarantee Act was passed on 25th
August 2005 by the Ministry of Rural Development, Government of India.

• The Mahatma Gandhi National Rural Employment Guarantee Act aims at

enhancing the livelihood security of people in rural areas by guaranteeing 100 days of wage-
employment in a financial year to a rural household whose adult members volunteer to do
unskilled manual work.

• It is the world‘s largest welfare program run by the Govt. of India. It is a job
guarantee scheme for rural Indians.

RIGHT TO ADEQUATE WAGES

Article 7 of ICESCR states that, ―Everyone who works has the right to just and favorable
remuneration ensuring for himself and his family‖.

Article 23 of UDHR states that, ―Everyone without any discrimination, has the right to equal
pay for equal work‖.

Article 43 of Indian Constitution support the right. It states ―equal pay for equal work for both
men and women‖.

Right to adequate wages is ensured by,

- Factories Act, 1948

- Payment of wages Act, 1936

- Minimum wages Act, 1968

- Payment of bonus Act, 1965

A worker should be getting a wage that should be fulfilling his minimum basic requirements.

RIGHT TO REASONABLE HOURS OF WORK

Working time refers to the period of time that an individual spends at paid occupational labor.
Unpaid labors such as housework are not considered part of the working week. Many countries
regulate the work week by law, such as stipulating minimum daily rest periods, annual holidays
and a maximum number of working hours per week. In India the working time is regulated in
Factories Act, 1948, and the time refer to Indian Standard Time.

Constitutional Framework on Right to Reasonable Hours of Work

Section 51: Weekly Hours. - No adult workers shall be required or allowed to work in a factory
for more than forty-eight hours in any week.

Section 52- sub section (1): Weekly Holidays No adult worker shall be required or allowed to
work in a factory on the first day of the week unless - (a) he has or will have a holiday for a
whole day on one of the three days immediately before or after the first day.

Section 54: Daily Hours - Subject to the provisions of section 51, no adult worker shall be
required or allowed to work in a factory for more than nine hours in any day.

Section 55 sub section (1): Intervals for Rest. The periods of work of adult workers in a factory
each day shall be so fixed that no period shall exceed five hours and that no worker shall work
for more than five hours before he has had an interval for rest of at least half an hour.

Section 56 Spreadover: The periods of work of an adult worker in a factory shall be so arranged
that inclusive of his intervals for rest under section 55, they shall not spreadover more than ten
and a half hours in any day
Section 57 Night Shifts: Where a worker in a factory works on a shift which extends beyond
midnight, -

(a) for the purposes of sections 52 and 53, a holiday for a whole day shall mean in his case a
period of twenty-four consecutive hours beginning when his shift ends;

(b) The following day for him shall be considered to be the period of twenty-four hours
beginning when such shift ends, and the hours he has worked after midnight shall be counted in
the previous day.

Section 59 Extra Wages for Overtime: Where a worker works in a factory for more than nine
hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime
work, be entitled to wages at the rate of twice his ordinary rate of wages.

Section 60 Restriction on Double Employment. - No adult worker shall be required or allowed to

work in any factory on any day on which he has already been working in any other factory.

Section 66 Employment of Women. - No adult women worker shall be required or allowed to

work in a factory for more than nine hours in any day.

(b) No women shall be required or allowed to work in any factory except between the hours
of 6 A.M. and 7 P.M.

Section 67 Prohibition of Employment of Young Children. - No child who has not completed his
fourteenth year shall be required or allowed to work in any factory.

Section 71 Working Hours for Children. - No child shall be employed or permitted to work, in
any factory - (a) for more than four and a half hours in any day;

RIGHT TO FAIR WORKING CONDITIONS

• Article 42 of Indian Constitution states that, “The state shall make provision for securing
just and humane conditions of work and for maternity relief”.

• Rest hours should be given during work.

• Facilities to be provided such as seating, lighting, ventilation, dust & fume free, etc., for
convenient working conditions.

• There should be proper and adequate facilities for the employees.

• Waiting room, Lunch room, First aid appliances, canteen facilities, etc., should be
provided for the employees by the organization.

• Proper and clean drinking water facilities to be provided by the organization.

• Medical facilities and Maternity leave to be provided( 6 weeks paid leave with full
wages).

• Sufficient number of latrines, urinals, washing places, etc., to be provided.

• Medical and disability benefits for those disabled workers.

Rights related to work in UDHR:

Article 23

1. Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if necessary, by
other means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and
periodic holidays with pay.

RIGHT TO SELF GOVERNMENT IN INDUSTRY

Participation and involvement of employees in the management of industry is practices in most
of the countries of the world.

In India, workers participation in management is called self-government. In Yugoslavia it is

termed as ―self-management‖ & in Germany it is so called ―co-determination‖.

It is a state of mental and emotional involvement and participation of workers in management.

It is not practiced as individuals but collectively as group through their representatives.

According to Indian constitution, ―the state shall take the steps by suitable legislation or in any
other way to secure the participation of workers in the management of undertakings,
establishments or other organizations engaged in any industry‖.

Some of the important self-government practices in industries are suggestion scheme, workers
committee, joint management councils, etc.

Industrial policy resolution act, 1956 states that, ―in a socialistic democracy, worker is a partner
in the common task of development and should participate in it with enthusiasm. There should be
joint consultation between workers and technicians whenever possible and are associated
progressively in management.‖

Important self- government schemes in industries are

• Suggestion scheme

• Workers committee

• Joint management councils

CONSUMER RIGHTS

Consumer rights were broadly recognized in many Hindu, Islamic and Christian religious
scriptures.

In March 15, 1962, the US President John F. Kennedy introduced the ―consumer bill of rights‖.
There from March 15 is Consumers Day in US.

In India, December 24 is the National Consumers Day, since the consumer protection Act, 1986
was enacted on this day.

Consumer protection is a group of laws and organizations designed to ensure the rights of
consumers as well as fair trade competition and the free flow of truthful information in the
marketplace.
 The laws are designed to prevent businesses that engage in fraud or specified unfair practices
from gaining an advantage over competitors; they may also provide additional protection for the
weak and those unable to take care of themselves.

Consumer protection laws are a form of government regulation, which aim to protect the rights
of consumers. For example, a government may require businesses to disclose detailed
information about products—particularly in areas where safety or public health is an issue, such
as food.

Consumer protection is linked to the idea of "consumer rights" (that consumers have various
rights as consumers), and to the formation of consumer organizations, which help consumers
make better choices in the marketplace and get help with consumer complaints.

Consumer Protection Act 1986 of India

Right to safety Right to information Right to choose Right to be heard Right to redressal

Right to consumer education

Right to safety

Right to be protected against marketing of goods and services that is hazardous to life and
properties. Specially the health care, food processing and pharmaceuticals.

Right to information:

Right to be informed about the quality, quantity, potency, purity, standard and price of goods or
services, as the case may be so as to protect the consumer against unfair trade practices.

Government emphasizes that all the products should be labeled with the cost ingredients,
quantity and instructions to safe consumption.

Cost should be informed at the rate of per kilogram. Right to choose:

The right to be assured, wherever possible to have access to a variety of goods and services at
competitive prices.

Competition is the best regulator of market place. Existence of oligopolies and monopolies are
counterproductive to consumerism.

Right to be heard:

It means that ‗Consumers‘ interests should be received due consideration at appropriate forums.‘

Indian consumers are empowered to fearlessly voice their complaints and concerns against
products and companies to ensure that their issues are handled efficiently.
Right to Redressal:

The right to seek redressal( compensation) against unfair trade practices or unscrupulous
exploitation of consumers.

Consumer courts deal with complaints and redressals. Right to consumer education:

Every citizen should be educated on matters related to consumer protection.

Consumer can be given a formal education ( school and college curriculums) and informally
through consumer awareness campaigns.

Social & Cultural Rights

Economic, Social & Cultural rights are related to the guarantee of minimum necessities to the
life of human beings.

In the absence of these rights, the existence of human beings is likely to be endangered.

It has been rightly realized by the developing countries that civil & political rights have no
meaning unless they are accompanied by social, economic & cultural rights.

Right to food and clean water

Right to adequate housing and shelter Right to health

Right to education Linguistic rights

Access to places of entertainment, sports and culture Access to media and information
technologies

Right to clean and safe environment

Right to food and clean water:

It is guaranteed by ICESCR.

Article 11(1) of ICESCR includes adequate food as a component of an adequate standard of

living.

Article 11(2) of ICESCR refers to the fundamental right of everyone to be free from hunger.

It is the responsibility to provide adequate nutritious food and clean drinking water, taking into
account the danger and risks of environmental pollution.

Adequate food must be accessible to everyone including physically vulnerable individuals, such
as infants and young children, elderly people, the physically disabled, etc.
In addition to adequate food, adequate water is essential to life. The human right to water entitles
everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal
and domestic uses.

An adequate amount of safe water is necessary to prevent death from dehydration, cooking,
personal and domestic hygienic requirements.

The DPSP under article 47, 39(a) and 39(b) of the Indian Constitution highlighting the same.

Article 47 spells out the duty of the state to raise the level of nutrition and standard of living of
its people as a primary responsibility.

Article 39(a) requires the state to direct its policies towards securing the right to an adequate
means to livelihood.

Article 39(b) further requires that the ownership and control of the material resources of the
community as so distributed as to best serve the common good.

Right to adequate housing and shelter:

• Having a secure place to live is central to life with dignity.

• Adequate housing not only meets the need for shelter from the elements, but also for
physical security and personal privacy.

• Right to housing is one of the most troubled rights in the Indian constitution.

• Right to shelter includes adequate living space, safe and decent structure, clean and
decent surroundings, sufficient light, pure air and water, electricity, sanitation and other civic
amenities.

Right to health:

The right to health is guaranteed in Article 12(1) of the ICESCR.

It includes the protection of health and strength of workers, men and women, and of the tender
age of children to develop in a healthy manner and conditions of freedom and dignity.

Right to health for women includes Maternal rights as well as benefits that woman can have.

Right to education:

Education is a social right that is intimately connected to the exercise of many other human
rights.
CULTURAL RIGHTS

Linguistic rights:

Language is an important element of the right to culture. Freedom to express oneself in one‘s
own language or communication system is an important component of linguistic rights.

Access to places of entertainment, sports and culture:

Equal participation in the cultural life of one‘s own community promotes an inclusive society
that encourages full participation of persons with disabilities

Article 15 ICESCR reads, To take part in cultural life

To enjoy benefits of scientific progress

Access to media and information technologies:

Article 19 of the UDHR states, everyone has the right to seek, receive and impart information
and ideas through any media and regardless of frontiers.

Right to clean and safe environment:

The need for environment is seen as a necessary defense against deteriorating quality of life
world-wide.

UNIT IV COMPLETED
UNIT-V

Economic rights –Children‘s rights –Educational rights- Right of inheritance

– Right of divorce- Violation of human rights and the U.N.O.
UNIT V WOMEN’S RIGHTS

India referred to as Mother country and the Indian traditions, treating Mother as Goddess still
prevails. But yet women harassment by the Indian society is on the increase through many ways
such as molestation, cruelty, kidnapping, eve-teasing, dowry, dowry deaths, harassments and so
on.

Women have equal rights as that of men. Men and women shall enjoy in practice, equal rights,
equal access to and control over productive resources, education, marriage, profession, health,
land, shelter, credit, information, knowledge, skills, and technology, residence, politics and
nationality, etc. Men and women enjoy equal rights without discrimination.

According to U.N. report, 1980 ‖Women constitute half of the world population perform two-
third of its work hours, received one-tenth of the world's income and own less than one-
hundredth of the world's property".

In the preamble of the charter of U.N., International conventions, and covenants expresses about
women as follows:

• Equal rights of men and women in the matters of participation in the work of the United
Nations.

• Men and women are equal before law and are entitled without any discrimination to equal
protection under law.

• Men and women have the right to equal pay for equal work.

• Women shall be entitled to vote in all elections on equal terms.

• Women shall be eligible to hold public office.

India has given equal status to women under its constitution under Article 14, which provides
that, "the State shall not deny to any person equality before law or equal protection of the laws
within the territory of India".

India has an elaborate system of laws to protect the rights of women including the Equal
Remuneration Act, the Prevention of Immoral Traffic Act, the Sati Act, and the Dowry
Prohibition Act. The various provisions of the above act clearly show that women in India enjoy
right to equality and any discrimination against them shall be violation of equality of right and
respect of human dignity.
The Constitution of India also provides under Article 15 that, "every female citizen has a right to
access to shops, public restaurants, hotels and places of public entertainments". No restriction
can be imposed on women citizens with regard to the use of well, tanks, roads and places of
public resort maintained wholly or partially by state funds.

Right to Inheritance

Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the
death of an individual. It has long played an important role in human societies.

Women had earlier very limited rights in property. Prior to the Hindu Succession Act, 1956 she
had a limited estate in the property inherited by her husband. Under Section 14 of the Hindu
Succession Act any property possessed by a female Hindu whether acquired before or after the
commencement of the Act was to be held by her as a full owner and not as a limited owner and
all rights of limited ownership of female Hindus became absolute rights.

Women have got equal rights, like men. Women can also earn, acquire, own, manage and
dispose of property at their discretion. Women can acquire property through the following
means, which are applicable in the case of men also:

1. Through the own earnings

2. Through purchase

3. Through gift

4. Through will

5. Through inheritance.

A woman can own the property, possess it, manage it, enjoy its income, and dispose it by sale,
transfer or settlement. Over her property she has the exclusive and absolute rights. Her father, her
husband or her brother or her children have no legal right over her property.

Equality of right in respect of the ownership, acquisition, management, administration,

enjoyment and disposition of property, whether free of charge or for a valuable consideration.

Right to Marriage and Found Family

Men and women of marriageable age can marry and found a family. A woman has got as much
right to marry as a man has. Women have the following rights regarding their marriage.

1. Right of women of marriageable age to marry and to found a family.

2. Right to choose a spouse freely and to enter into marriage only with their free and full
consent.

3. Equality of rights and responsibility of women as to marriage, during marriage and at its
dissolution.

4. Equality of rights and responsibilities as parents, in matters relating to their children.

5. Equality of rights and responsibilities with regard to guardianship, ward ship, trusteeship
and adoption of children.

6. Right to choose a family name, a profession and an occupation.

7. 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 their rights.

Right to Divorce and Remarry

The divorce is the most hated and unpleasant thing in the world. It becomes inevitable in some
extreme situations when it is not possible for the husband and wife to live together.

It is allowed normally when all the efforts for reconciliation have proved abortive and there are
no chances left for them to live together amicably. Divorce is an abominable and unfortunate
practice, but sometimes it becomes necessary and unavoidable.

Divorce is a legal dissolution of marriage and is recognized in almost all societies. It is regarded
as a necessary corollary to the law of marriage, but the right to divorce among the community
and nation differ.

In the modern world almost all nations have liberalized their divorce laws, conferring many
equitable and humanitarian rights on women. A married woman shall have the right to demand
divorce from her husband. Women can get divorce from their husbands by mutual consent or by
courts of law (The Family Courts Act, 1984).

A married woman can obtain judicial divorce from her husband on any one or more of the
following grounds, namely:

i) That the whereabouts of the husband have not known for a period of 4 years.

ii) That the husband has neglected or has failed to provide for her maintenance for a
period of 2 years.

iii) That the husband has married another wife without the consent of the first wife.

iv) That the husband has failed to perform, without reasonable cause, his marital
obligations for a period of 3 years
v) That the husband has been insane for a period of 2 years or is suffering from
leprosy or a virulent veneered disease.

vi) That the husband treats her with cruelty/assault/force her to lead an immoral life, and

vii) That the husband has been sentenced to imprisonment for a period of 7 years or upward.

Right to Adoption

Women in India are likely to get equal rights in guardianship and adoption of children.
Parliament had passed the Personal Laws (Amendment) Bill, 2010 to amend the Guardians and
Wards Act, 1890 and the Hindu Adoptions and Maintenance Act, 1956.

According to the Guardians and Wards Act, which applies to Christians, Muslims, Parsis and
Jews, if a couple adopts a child, the father is the natural guardian. The Act provides for the
mother to be appointed as a guardian along with the father so that the courts do not appoint
anyone else in case the father dies.

Unmarried, divorced women and widows are allowed to adopt a child but women separated from
their husbands and engaged in lengthy divorce battles cannot adopt a child. A married woman
separated from her husband to adopt with the consent of her husband even during the time of
divorce proceedings.

Right to Education

It is obligatory on every male and female to get education, acquire learning and search for
knowledge. The woman has got equal right with the men to acquire education and learning.
Education makes a woman to become a good wife, mother, good human being and a useful
citizen.

The various International conventions and covenants on human rights provide that women shall
be provided same conditions for careers and vocational guidance as that of men. They shall be
provided same access to studies for the achievement of diplomas in educational establishment.

Equality shall be provided in pre-school, general, technical, professional and higher education as
well as in all types of vocational training. Women shall have access to the same curricula the
same examinations, and use equipment of the same quality as to that of men.

Women have the following rights relating to education.

1. Right to education

2. Right to choose the kind of education.

3. Right to access to same curricula, the same examination and same standard of education
as to that of men.
4. Right to participate actively in sports and physical education.

5. Equality of right in preschool, general, technical, professional and higher technical

education as to that of men.

6. Equal opportunities for access to programmes of continuing education, including adult

literacy programmes.

7. Equal conditions of access to, and study in, educational institutions of all types, including
universities and vocational, technical and professional schools.

Right to Employment and Career Advancement

Earning of livelihood for the family is basically a duty of the man. Man is responsible for
providing food, cloth and shelter to his wife and children. However, there may be a situation
where the woman has also to work for earning livelihood.

Though earning of sustenance for the family is basically the duty of men and women to engage
in any employment, business, profession or vocation to earn or contribute in the income of the
family in case of need.

Women have the following rights with regards to employment and career development.

i) Right to work.

ii) Right to free choice of profession/employment/career development

iii) Right to same employment opportunities as that of men.

iv) Right to fair and equal remuneration for equal work as that of men.

v) Right to equal benefits and to equal treatment

vi) Right to obtain all types of training formal or non-formal in order to increase their
profession.

vii) Right to promotion, job security and all benefits and conditions of service as that of men.

viii) Right to protection of health and to safety in working conditions.

ix) Right to maternity relief.

x) Right to receive medical and disability benefits.

xi) Right to adequate standard of living for herself and her family including housing on equal
terms with men.
xii) Right to social security, particularly in cases of retirement, unemployment, sickness and
old age and other inability to work, as well as the right to paid leave.

Rights Relating to Dowry

Dowry means any property or valuable security given or agreed to be given by one party to the
marriage to the other party or either party to a marriage either directly or indirectly.

Dowry may be given at or before or any time after the marriage in connection with the marriage
of the said parties. Taking or giving dowry or abetting to give dowry or abetting to take dowry is
offence under the Dowry Prohibition Act 1961.

As per section 3 of the Act, the person gives or takes dowry shall be punishable with
imprisonment for a term which shall not be less than five years, and with fine which shall not be
less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more.

Eradication of Dowry:

i) The laws prohibiting giving and taking of dowry must be strictly enforced by the law
enforcing agencies

ii) The society especially the male members will not demand any dowry in any way

iii) The society should uphold the rights of women and equal protection should be given to
the women member of the society.

iv) The married women must be honored with all the material rights which they enjoy after
marriage.

v) The Government should take all possible measures to eradicate poverty and illiteracy
among the society, which are main reasons for dowry.

vi) Various women's organization like All India Democratic Women's Association
(AIDWA), National Commission for Women (NCW) and Suriya Pengal must fight for the rights
of the women and they must raise their voice against giving and taking dowry.

vii) Women must be given due share in the entire organization and in employment.

Right for Equality

Indian Constitution prohibits discrimination on the basis of sex. Yet, it recognizes that women
need special attention. The latter point is brought out by Articles 23 and 42. Article 23 prohibits
traffic in human beings.

Among other things, Articles 14, 15, 16 and 39 guarantee equality among the sexes.
 Article 14 lays down equality before the law and equal protection of the law.

Article 15 prohibits discrimination against any citizen on grounds of religion, race, sex,
etc.

Article 16 guarantees equality of opportunity in matters of public employment. It says

that no citizen shall be discriminated against on ground of religion, race, caste, sex, etc.

Article 39 guarantees equal pay for equal work for both men and women.

Right for Safe Working Conditions

Article 38 of the Indian constitution provide for equal pay for equal work for both men and
women.

According to Factories Act 1948, women have certain safe working conditions. They are:

No women shall be required or allowed to work in any factory except between the work
of 9.00 am and 7.00 pm.

No women shall be allowed to clan, lubricate or adjust mover or transmission of

machinery is in motion or moving parts.

No women shall be allowed to take excessive weights in the factory.

Maximum daily working hours is 9 to the women workers

No women shall be allowed to work on or near the dangerous operations

Every factory must provide sufficient member of separate canteen and urinals for women
workers.

CHILDREN’S RIGHTS

The children of our country are the most underprivileged in our society. The poverty in our
country is of such great magnitude that children from underprivileged section of the society are
forced to work resulting in child labour. According to National Sample Survey, the number of
child workers have increased manifold in the society. Further the condition in which a child is
forced to work is no better than that of slavery.

The preamble to the Declaration on the Rights of the Child provides the following right of a
child:

1) Right to life

2) Right to acquire nationality

3) Right to freedom of thought

4) Right to privacy

5) Right to health care and protection

6) Right to work

7) Right to freedom from torture and ill treatment

8) Right to education

9) Right to family environment

10) Right to benefit from social security

11) Right to enjoyment

12) Right against exploitation

13) Right against exploitation of child labour

Right on Protection and Care

The government of India has enacted the following thirteen Acts to provide legal protection to all
children.

1. The Child Marriage Restraints Act, 1929.

2. The Children Act, 1933.

3. The Employment of Children Act, 1938.

4. The Minimum Wages Act, 1948.

5. The Factories Act, 1951.

6. The Plantation Labour Act, 1951.

7. The Indian Factories Act and Mines Act, 1952.

8. The Merchant Shipping Act, 1958.

9. The Apprentices Act, 1961.

10. The Atomic Energy Act, 1962.

11. The Beedi and Cigar Workers (Condition of Employment) Act, 1966.

12. The Shops and Establishments Acts, 1969 (Statewise)

13. The Child Labour (Prohibition and Regulations) Act, 1986.

Governments have a responsibility to take all available measures to make sure children‘s rights
are respected, protected and fulfilled.

Children have the right to be protected from being hurt and mistreated, physically or
mentally.

Children who cannot be looked after by their own family have a right to special care and
must be looked after properly, by people who respect their ethnic group, religion, culture and
language.

Children have the right to care and protection if they are adopted or in foster care.

Children have the right to special protection and help if they are refugees.

The government should protect children from work that is dangerous or might harm their
health or their education.

Governments should use all means possible to protect children from the use of harmful
drugs and from being used in the drug trade.

Governments should protect children from all forms of sexual exploitation and abuse.

The government should take all measures possible to make sure that children are not
abducted, sold or trafficked.

No one is allowed to punish children in a cruel or harmful way.

Children who have been neglected, abused or exploited should receive special help to
physically and psychologically recover and reintegrate into society.

Issues Related with Infanticide

Female infanticide is the intentional killing of infant girls. In addition to the active methods
undertaken to eliminate baby girls soon after birth, neglect and discrimination leading to death
and sex-selective abortion are also means by which many female children die each year.

These phenomena are most prevalent in patriarchal societies in which the status of women is low
and a preference for sons is built into the cultural ideology. Female infanticide cuts across all
social and economic boundaries. Thus, the practice involves a wide range of location-specific
and culturally-motivated causes. In rural and poverty-stricken areas, lack of education, economic
resources, and access to healthcare are factors that lead to the murder of infant girls. In urban
areas, selective abortion is commonly employed by individuals with access to modern medical
technology that allows for early detection of sex.
Unfortunately, although government programs and human rights organizations strive to put an
end to these practices with education, financial incentives, and threat of punishment, female
infanticide continues. India and China, two of the most populous countries today, top the list of
nations in which these atrocities are carried out.

STREET CHILDREN

The issue of street children is considered to be an urban problem. Children can be found in
railway stations, near temples and durgas, in markets, under bridges, near bus depots and stops,
etc. Hence the definition of street is not in the literal sense, but refers to those children without a
stable home or shelter. There are three major categories of street children:

Children who live on the street with their families and often work on the street. There
may be children from migrated families, or temporarily migrated and are likely to go back to
their homes.

Children who live on the street by themselves or in groups and have remote access or
contact with their families in the villages. Some children travel to the cities for the day or periods
of time to work and then return to their villages.

Children who have no ties to their families such as orphans, refugees and runaways.

CHILD LABOUR

Child labour is the practices of having children engage in economic activity, on part or full-time
basis. The practice deprives children of their childhood, and is harmful to their physical and
mental development. Poverty, lack of good schools and growth of informal economy are
considered as the important causes of child labour in India.

India has a federal form of government, and child labour is a matter on which both the central
government and country governments can legislate, and have. The major national legislative
developments include the following:

The Factories Act of 1948: The Act prohibits the employment of children below
the age of 14 years in any factory. The law also placed rules on whom, when and how long can
pre-adults aged 15–18 years be employed in any factory.

The Mines Act of 1952: The Act prohibits the employment of children below 18
years of age in a mine.

The Child Labour (Prohibition and Regulation) Act of 1986: The Act prohibits the
employment of children below the age of 14 years in hazardous occupations identified in a list by
the law. The list was expanded in 2006, and again in 2008.
 The Juvenile Justice (Care and Protection) of Children Act of 2000: This law
made it a crime, punishable with a prison term, for anyone to procure or employ a child in any
hazardous employment or in bondage.

The Right of Children to Free and Compulsory Education Act of 2009: The law
mandates free and compulsory education to all children aged 6 to 14 years. This legislation also
mandated that 25 percent of seats in every private school must be allocated for children from
disadvantaged groups and physically challenged children.

Eradication of child labour

Child labour is one of the most pressing social problems which the international community has
been facing. Child labour can be eradicated by giving the rights to the children, which are
entitled to children under various international laws.

1) Making education compulsory and free to the children up to the age to 15

2) Stringent laws against the employment of children should be enforced.

3) Parents should be made to realize the mistakes committed from their side in
sending the children in their tender age to work.

4) Film industry could play a laudable role in eradicating child labour by producing
documentary films depicting the consequences of child labour.

5) Concerned governments should take steps to emphasize more on universalisation

of primary health and education. Primary education is the only long term solution to the problem
of child labour. Total literacy campaign should be identified and transit schools are a must for
child labours.

6) Non-government organisations (NGO) should contribute their best to protect

children and provide social security and social justice.

7) Individual's role in this regard is quite warranted as it is quite reliable and

encouraging in solving the problem of chills labour.

8) Every school should have the right philosophy of education. Minimum and
standard norms should be established. The curriculum should aim at the physical, social,
economical and cognitive development of children.

9) Children must be given freedom to express their grievances in the right forum.
When the children are given ample social security, child labour can be avoided.

BONDED LABOUR
Bonded labour is a form of debt slavery that is created when an individual begins to work for
another person who holds a debt from that worker. It is also known as debt slavery. Once a
bonded labor situation has been created, some individuals find it impossible to ever break out of
it. The purpose of bonded labor for the individual holding the debt is to get a cheap source of
labour.

The slaves underwent frightful abuses and cruelties and as such they lost their human dignity.
They were either paid no wages or very low wages. Liberty, richness and peace are not known to
a slave.

Eradication of Bonded Labours

Efforts were taken to eliminate the bonded labour system in India since Independence various
Acts were passed to eradicate / remove bonded labour system in India.

1. Steps should be taken to identify the bonded labourers in various parts of the country and
initiate legal action against the culprits who kept the innocents in bondage.

2. The role of NGOs is very essential in identifying the bonded labourers, in various parts of
India.

3. Proper and necessary amendments must be introduced in the existing Bonded Labour
Abolition Act.

4. Bonded labourers must be made to realize their rights for which education is the only
means.

5. Various Acts passed by the Government to abolish bonded labour since Independence.
They are:

o Mines Act, 1952.

o Contract Labour Abolition Act, 1970.

o Contract Labour (Regulation and Abolition) Act, 1970.

o Bonded Labour system Abolition Act, 1976.

o Equal Remuneration Act, 1976.

o The Inter-State Migrant Workmen (Regulation of Employment and condition of

Services) Act, 1979.

o Child labour prohibition Act, 1981.

REFUGEES RIGHTS
Refuges are victims of gross human rights violations. They are a distinct group of individuals
without the protection of the national State. Refugees are "de jure or de facto" Stateless persons.
Refugees are referred to those persons who leave their States in which they have permanent
residents to escape persecution or military action.

Refugee may be defined as a person or persons who have left their homeland or place of
residence due to unavoidable and oppressive circumstances and are not prepared now to go back
to their homeland or original place of residence.

Rights, obligations and duties of the Refugees

Rights and obligations of the refugees have been conferred in the Covenant on the Status of
Refugees, 1951.

1. Personal status of Refugees: The personal status of a refugee shall be governed by the
law of the country of his domicile or, if he has no domicile, by the law of the country of his
residence. Rights relating to personal status of refugee and his\ her dependent are governed by
the law of the country of his residence.

2. Civil Rights: The Contracting States (country in which the refugee reside now) shall
provide minimum rights to refugees, such as right to work, right to education and social security,
freedom of religion and access to courts without discrimination on the basis of race, religion or
country of origin.

3. Treatment of Refugees: Refugees are required to be treated by the State parties as their
own nationals with respect to elementary education, public relief and assistance, labour
legislations and social security.

4. Place of Residence: Each contracting State shall accord to refugees the right to choose
their place of residence and to move freely within its territory subject to any regulations
applicable to aliens. The Contracting States shall not impose upon refugees duties, charges or
taxes of any description whatsoever, other or higher than those which are or may be levied on
their nationals in similar situation.

5. Illegal entry of Refugees: The Contracting States shall not impose penalties on those
refugees who have illegally entered into their territories without authorization. The contracting
States also shall allow such refugees a reasonable period and all the necessary facilities to obtain
permission into another country.

6. Expulsion of Refugees: The Contracting States shall not expel a refugee lawfully in their
territory on grounds of national security or public order. The expulsion of such a refugee shall be
only in pursuance of a decision reached in accordance with due process of law. The Contracting
Status shall allow such a refugee a reasonable period within which to seek legal admission into
another country.
7. Travel Documents: The Contracting States shall issue travel documents to those refugees
staying lawfully in their territory for the purpose of travel outside their territory unless
compelling reasons of national security or public order otherwise require.

8. General Obligations: Every refugee has duties to the country in which he is residing. It is
expected from him that he will conduct or behave in accordance with the laws and regulations of
the residing country.

9. Access to Courts: A refugee shall have free access to the courts of law on the territory of
the residing country. Refugee shall enjoy in the Contracting States in which he is residing, the
same treatment as a national in the matters pertaining to access to the courts, including legal
assistance.

10. Prohibition of Expulsion or Return: No Contracting States shall expel or return

(refoulment) a refugee in any manner whatsoever to the frontiers of territories where his life or
freedom would be threatened on account of his race, religion, nationality, membership of a
particular social group or political opinion.

India and Refugees

India has been kind and generous to refugees. India had neither signed the UN Conventions
relating to refugees nor enacted a common law to deal with refugees at the national level. At
present about 5,00,000 refugees are in India, fleeing from countries like Tibet, Bangladesh, Sri
Lanka, and Afghanistan.

The Indian Constitution provides that some of the fundamental rights guaranteed under part III of
the Constitution shall available to "all persons" and consequently, they are available to refugees
as well. Thus, the following rights are available to refugees too.

1. Right to equal protection of law (Article 14)

2. Right to protection in respect of conviction for offences (Article 20)

3. Right to life and Liberty (Article 21)

4. Right to protection against arbitrary arrest and detention (Article 22)

MINORITY RIGHTS

United Nations sub-commission on prevention of Discrimination and Protection of Minorities

has defined 'minority' as follows; "The term minority includes only those non- dominant groups
in a population which possess and wish to preserve stable, ethnic, religious or linguistic
traditions or characteristics markedly different from those of the rest of the population".

Rights of Minorities:

1. Right to enjoy their own culture to profess and practice their own religion and use their
own language.

2. Right to participate effectively in cultural, religious, social, economic and public life.

3. Right to establish and maintain their own associations.

4. Right to participate effectively in decisions on the national and where appropriate,

regional level.

5. Right to establish and maintain, without discrimination, free and peaceful contacts with
other members of their group and with persons belonging to other minorities.

Position of Minorities in India

Among the great population of one hundred and Twenty crdres, eighty percent are Hindus and
the remaining twenty percent are minorities. The constitution of India gives more than sufficient
rights and protection to the minority classes.

1. Article 14 grants equality to every person before law. The State shall not deny to any
person equality before the law.

2. Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of

birth.

3. Article 26, provides for freedom to manage religious affairs to all majority as well as
minority communities and their members.

4. Article 27 provides special protection to minorities relating to freedom as to payment for

taxes for promotion of any particular religion.

5. Article 28 provides freedom as to attendance at religious institution or religious worship

in certain educational institutions.

6. Article 30 provides for right of minorities to establish and administer educational

institutions.

The National Commission for minorities Act, 1992 has been brought to give due protection to
the minorities. Under this Act a National Commission for Minorities has been constituted. No
reservations have been made in services for the minorities. However, under Article 16 of the
constitution of India, equal opportunities have been given to all citizens including the minorities.
DALIT RIGHTS

Dalit means oppressed or ground down. Sociologically, Dalits are people's collectives who have
been subjected to humiliation and denied access to dignity and respect on account of birth in
pursuit of the mandates of certain religious scriptures.

Communities formerly considered ‗untouchable‘ under the cast system increasingly describe
themselves as Dalits. Dalits are untouchables. But their hand work and money are not so. Life for
a dalit is a tougher one. They are mostly poor. They have their own place of worship, own
festivals and ceremonies.

Dalits are mostly landless or marginal farmers. Most of the dalits are working as a agricultural
forced labour, for which they are given nothing, not even food. Hence they are poor and
downtrodden. They have no permanent Shelters, nor cattle of their own. They live in one room
hutments, and it is damaged and unfit to live.

This convention upholds the collective and individual rights of the Dalit draft declaration is a4so
proposed by the United Nations by establishing a worki group on indigenous population in 1982.
The main provisions of such draft are as under:

1. Dalits have the full rights to an effective enjoyment of all human rights and fundamental
freedom.

2. They are free and equal to all other individuals of the country.

3. They possess the right of self-determination.

4. They have the right to protect and maintain their own legal systems and strengthen their
political, economic, social and cultural rights.

5. Dalits have a right to nationality.

6. They have a collective right to live in freedom, peace, and procure security like any other
normal citizen.

7. They have right to special protection and security in case of armed conflicts.

8. They have the right of dignity and diversity art their tradition, culture histories and
aspirations.

9. They have the right of conversation restoration and protection of the total environment
and the productive capacity of their lands and territories and resources.
10. They have the collective rights to determine responsibilities of individuals to their
communities.

Indian Constitution Rights of Dalit / Tribal Rights

Several laws have been passed by the Parliament and State legislatures to protect the rights of the
Scheduled Castes and the Scheduled Tribes.

Article 17 of the Constitution abolishes untouchability and declares it as punishable by

law.

As per Clause (4) of Article 15 permit’s the State to make special provisions for the
advancement of the Scheduled Castes, Scheduled Tribes and other Backward Classes in
educational and technical institutions.

Reservations in Public services in made by Article 16(4) for posts or appointments in

favour of any backward class of citizens which is not adequately represented in the Services
under the State.

Reservation of seats in Lok Sabha and State Assemblies is made vide Articles 330, 332
and 334 of the Constitution of India.

Special laws are made to protect the tribal land which forbids the sale or transfer of land
to non- tribals.

Special provisions are laid down in the Fifth and Sixth Schedules of the Constitution. The
Fifth schedule empowers the Governor to enact special legislation for protecting the Scheduled
Tribes from exploitation by moneylenders, regulating allotment of land and prohibiting or
restricting the transfer of land in the Scheduled Areas.

Measures to be taken to upgradation of the Dalits:

Legally, untouchability is forbidden. But it persists traditionally. To upgrade the position of the
Dalits various measures have been taken.

1. Basic and compulsory education could surely help to elevate their standard and position
in society. Special and individual attention should be paid for their higher education.

2. Preference should be given to dalits in employment opportunities. A special reservation

policy in the areas of education and public services is enshrined in the constitution.

3. Poverty is the basic root cause for the social and educational backwardness of dalits. The
government may provide for them liberal grants of scholarships, free studentship, free boarding
and lodging facilities, free uniforms, free, mid-day meals, free books and stationery, free special
coaching, etc.
4. Severe punishment to persons who initiated/ follow untouchability.

6. Identifying areas where Dalits are likely to be subjected to atrocities and adopting
measures to ensure their safety.

7. Setting up of committees to assist the government in formulating and implementing

appropriate measures to improve the standard of living of Dalits.

8. The need of the hour is to create a casteless society. For that, efforts are to be taken to
adopt constant vigilance to monitor projects for the welfare of dalits.

9. Providing facilities for the social economic rehabilitation of Dalits.

10. Appointing agencies, officers to supervise and conduct prosecutions for committing
offences against Dalits.

NOMADS RIGHTS

A member of a group of people who have no fixed home and move according to the seasons
from place to place in search of food, water, and grazing land are called nomads. Person with no
fixed residence who roams about, a wanderer also nomads.

In most societies nomadic peoples face discrimination. At the heart of this discrimination
frequently lies the crucial issue of property in land. The sharing of lands between nomads and
settled agriculturalist societies has often led to violent confrontation. Access to land is a
determining factor for many nomadic peoples as whether or not nomads have access to land will
determine the survival of their mobile lifestyle. Historically nomadic peoples have not been
regarded as having any rights to land because their nomadic lifestyle was not considered to fulfill
the criterion of ‗effective occupation‘ of the land. By exploring the evolution of international
law regarding nomadic peoples‘ land rights, this article analyses how human rights law could
provide nomadic peoples with rights to use their lands. Ultimately, this article argues that under
the banner international human rights law, nomadic peoples are gaining the right to live on their
land in their traditional ways through the gradual establishment of a specific corpus of law
dedicated to the rights of nomads.

TRIBAL’S RIGHTS:

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006, is a key piece of forest legislation passed in India on 18 December 2006. It

has also been called the Forest Rights Act, the Tribal Rights Act, the Tribal Bill, and the Tribal
Land Act. The law concerns the rights of forest-dwelling communities to land and other
resources, denied to them over decades as a result of the continuance of colonial forest laws in
India.
• Title rights - i.e. ownership - to land that is being farmed by tribals or forest dwellers as
on 13 December 2005, subject to a maximum of 4 hectares; ownership is only for land that is
actually being cultivated by the concerned family as on that date, meaning that no new lands are
granted

• Use rights - to minor forest produce (also including ownership), to grazing areas, to
pastoralist routes, etc

• Relief and development rights - to rehabilitation in case of illegal eviction or forced

displacement; and to basic amenities, subject to restrictions for forest protection

• Forest management rights - to protect forests and wildlife