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1. what is meant by Human rights? Trace the origin and development of Human Rights.

Human rights may be regarded as those fundamental and inalienable rights which are essential for
life as human being. Human rights are rights inherent to all human beings, regardless of race, sex,
nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and
liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and
education, and many more. Everyone is entitled to these rights, without discrimination.
According to HOLLAND :- it is the capacity residing in one man or controlling, with the assent and
assistance of the state, the action of others.
According Section 2(1) (d) the Protection of Human rights Act 1993, human rights “the rights
relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or
embodied in the International covenants and enforceable by courts in India”.
According to Universal Declaration of Human Rights, the expression ‘human rights’ denotes all
those rights which are inherent in our nature and without which we cannot live as human beings.

Origin of Human Rights:

The roots for the protection of the rights of man may be traced as far back as in the Babylonian laws.
The Golden Rule, Cyrus Cylinder (539 BC)
In 539 BC, the armies of Cyprus, the great, the First King of Ancient Persia (today known as Iran,)
conquered the city of Babylon. He freed the slaves, declared that all people had the right to choose
their own religion, and established racial equality.
Early Islamic Caliphate.
Many reforms in Human rights took place under Islam between 610-661, and the constitution of
Madina established the security of the community, freedom of religion, the security of women, tax
system, a system for granting protection of individual, a judicial system for resolving disputes.
Babylonian king Hammurabi had issued a set of law to his people which is called Hammurabi’s codes
established fair wages, offered protection of property and required charges to be proved at trial.
Syrian laws, Hittiti laws and the Dharma of the Vedic period in India also devised different sets of
standards by which obligations of one was provided to another. Jurisprudence of Lao- Tze and
Confucius in China also protected human rights. Thus the world’s all major religions have a
humanist perspective that supports human rights despite the difference in the contents.
Human rights are also rooted in ancient thought and in the philosophical concepts of natural law and
natural rights.
Plato was one of the earliest writers to advocate a universal standard of ethical conduct.
Aristotle wrote in politics that justice, virtue and rights change in accordance with different kinds of
constitution and circumstances.
Cicero a Roman Statesman laid down the foundations of natural law and human rights in his work
“The Laws”. He believed that there should be universal human rights laws that would transcend
customary and civil laws.
Sophocles was one of the first to promote the idea of freedom of expression against the state.
The origins of the concept of human rights are usually agreed to be found in the Greco- Roman
natural law doctrines of stoicism, which held that a universal force pervades all creation and that
human conduct should therefore be judged according to the law of nature.
The Magna Carta or the great charter of the liberties of England granted by King John of England in
1215.
The theme of this charter was protection against arbitrary acts by the king. Land and property could
no longer be sized, judges had to know and respect law, taxes could not be imposed without
common council, there would no imprisonment without trial and merchants were granted the right
to travel freely within England and outside. It stated the principle that the power of the king was not
absolute.
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The expression “fundamental rights” of man was stated in the declaration and constitutional rights
of man was stated in the declarations and constitutional instruments of many states.
 The Virginia Declaration
 The constitution of the US of 1787
 The French declaration of the Rights of Man and the Citizen of 1789.
The term was 1st used by Thomas Paine in the English Translation of the French Declaration of the
Rights of man and citizen.
The United Nations.
After the impact of World War 2 between 1939-1945, millions of people were dead, millions more
were homeless, starving. In 1945 delegates from 50 nations met at San Francisco with a hope. They
agreed to create a new body the Unites Nations to promote peace and prevent future wars.
The Charter of United Nations came into effect in 1945.
The universal Declaration of Human Rights (1948)
On 10th December 1948 this declaration was adopted. A first international legal effort to limit
the behavior of states and press them duties to their citizens following the model of the rights and
duties. The document was structured to include the basic principles of dignity, liberty, equality and
brotherhood in the first 2 decades followed successively by rights pertaining to individuals; groups,
spiritual, public, political, economic, social and cultural rights.
Evolution of Human Rights in India
A perusal of Indian Constitution shows that human rights have been classified under Indian
Constitution in the following categories: Fundamental Rights and Rights to Freedom (Fundamental
Freedoms);
(1) Civil and Political Rights and Economic , Social and Cultural Rights;
(2)Human Rights for and Human for citizens only;
(3) Justiciable Human Rights and non-Justicable Human Rights;
(4)Enumerated Human Rights Unenumerated Human Rights.
The evolution of human rights in India can be traced back to ancient times, but it was not until the British
colonial era that the concept of human rights began to take on its modern form. The British introduced a
number of laws and regulations that were designed to protect the rights of their subjects, including the
Indian Penal Code (1860) and the Criminal Procedure Code (1898). However, these laws were often
discriminatory and did not apply to all Indians equally.
After independence in 1947, the Indian government adopted the Constitution of India, which enshrined a
number of fundamental rights for all citizens. These rights included the right to life, liberty, and equality;
the right to freedom of speech and expression; and the right to freedom of religion.
Since independence, India has made significant progress in promoting and protecting human rights.
However, there are still many challenges that need to be addressed. Human rights abuses continue to be
committed in many parts of the country, and many people are still denied their basic human rights.

The key milestones in the evolution of human rights in India:

1860: The Indian Penal Code was enacted, which codifies the criminal laws of India.
1898: The Criminal Procedure Code is enacted, which lays down the procedures for the investigation and
trial of crimes.
1919: The Government of India Act was passed, which introduced some limited reforms to the colonial
system of government.
1935: The Government of India Act is passed, which grants a greater degree of autonomy to the provinces
and introduces a system of responsible government.
1947: India gains independence from the British Empire.
1950: The Constitution of India is adopted, which enshrines a number of fundamental rights for all
citizens.
1993: The Protection of Human Rights Act is enacted, which establishes a National Human Rights
Commission to investigate and inquire into allegations of human rights violations.
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The evolution of human rights in India is an ongoing process. As society changes and develops, new
human rights challenges emerge. It is important to continue to fight for the promotion and protection of
human rights for all people.

2. EXPLAIN THE UNIVERSAL DECLARATION OF HUMAN RIGHTS, 1948 AND ITS UTILITY.

Article 1(3) of the UN Charter provides for the pursuit of international cooperation by resolving
international problems of an economic, social, cultural or humanitarian character, promoting and
encouraging respect for human rights and fundamental freedoms for all without distinction as to race,
sex, language or religion. These standards are the result of a gradual evolution over several decades
with the participation of United Nations bodies, many nations, non governmental organizations and
individuals.

The Universal Declaration of Human Rights (UDHR) is a historic document. On 10 December 1948 the
General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human
Rights. The Assembly called upon all Member countries to publicize the text of the Declaration. It
consists of a Preamble and 30 articles which have been elaborated in subsequent international treaties,
regional human rights instruments, national constitutions and laws. 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. The Universal Declaration of Human Rights is the cornerstone for
modern day human rights within the framework of the United Nations.

The Universal Declaration recognizes that the inherent dignity of all members of the human family in
the foundation of freedom, justice and peace in the world. It recognizes fundamental rights which are
the inherent rights of every human being including, inter alia, the right to life, liberty and security of
person; the right to an adequate standard of living; the right to seek and enjoy asylum from
persecution in other countries; the right to freedom of opinion and expression; the right to education,
freedom of thought, conscience and religion; and the right to freedom from torture and degrading
treatment. These inherent rights are to be enjoyed by every man, woman and child throughout the
world, as well as by all groups in society.

The UDHR’s structure was influenced by Code Napoleon (laws formulated by Napoléon Bonaparte).
However, the final structure of the Universal Declaration of Human Rights was prepared in the second
draft by René Cassin, the French jurist. The Declaration of the UDHR consists of a total of 30 articles as
under:
(a) Civil and Political Rights under Article 1 to Article 21 Universal Declaration of
Human Rights (UDHR), 1948.
(b) Economic, Social and Cultural Rights under Article 22 to Article 27:

These are-
 Articles 1 & 2– It established the basic concepts of equality, liberty, and dignity.
 Articles 3 to 5– Explain the details of individual rights. E.g., prohibition of slavery, right to life, etc.
 Articles 6 to 11– It has provisions for fundamental human rights and the remedies related to their
violation.
 Articles 12 to 17– It deals with the right of an individual towards the community, including the
right to nationality, the right of property, etc.
 Articles 18 to 21– These Articles refer to the rights of an individual towards the community,
including the freedom of expression, ideas, peaceful association, religion, opinion, thought,
movement, etc., through any media.
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 Articles 22 to 27– It sanctions the cultural, social, and economic rights of an individual, including
healthcare.
 Article 28 to 30– Article 28 to 30 of the UDHR establishes the general principles of exercising these
rights.

Significance of Universal Declaration of Human Rights

The Universal Declaration of Human Rights is considered the inventive document that provides a
universal and comprehensive set of principles in an apolitical and secular document without any
restrictions on political, religious, and cultural ideologies.
 With the adoption of UDHR, human rights were recognized as the foundation of freedom, peace,
justice, and freedom.
 It marked the equality of humans without any discrimination based on religion, creed, color, sex,
or any other characteristics. It served as the foundation for international and national laws and
standards worldwide.

Conclusion:
The UDHR is an elaboration of the fundamental rights and basic rights granted to an individual. It was
chaired by Elanor Roosevelt, widow of President Franklin Roosevelt. It was adopted on 10th December
1948. In accordance with this, human rights are considered to be the foundation and basis of equality.
The Soviet Union opposed the declaration of human rights. They considered it to be excessively judicial,
they felt it will violate national sovereignty.
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3. DISCUSS THE ROLE OF APEX COURT IN THE ENFORCEMENT OF HUMAN RIGHTS IN INDIA,
India is a democratic country. During our freedom struggle, the leaders of the freedom movement had
realised the importance of rights. The Motilal Nehru Committee had demanded a bill of rights as far
back as in 1928. It was therefore, natural that when India became independent and the constitution
was being prepared the concept of Human Rights was accepted.
A unique feature of the Indian constitution is that a large part of human rights are named as
fundamental rights. The fundamental rights in the Indian constitution constitute the Magna Carta of
individual liberty and human rights.
Indian Constitution provides us a list of Fundamental Rights:
1. Rights to Equality.
2. Rights to Freedom.
3. Rights against Exploitation.
4. Cultural and Educational Rights.
5. Rights to Freedom of Religion.
6. Rights to Constitutional Remedies.

ROLE OF JUDICIARY
In our country Judiciary is known as independent part of government. This independent judiciary has
two rules:
1. The traditional role i.e. to interpret the laws, and
2. Judicial Activism, i.e. to go beyond the statute and to exercise the discretionary power to
provide the justice. It plays both roles in very well manner for the protection of fundamental
rights.
Any individual whose fundamental rights have been violated can direct move the Supreme Court for
namely. The Supreme Court and High court can issue writs to the government for the enforcement of
rights.
Habeas Corpus: A writ of Habeas Corpus means that the court orders that the arrested person should
be presented before it. It can be also order to set free an arrested person if the manner or grounds of
arrest are not lawful or satisfactory.
Mandamus : Mandamus is a Latin word, which means “We Command” This writ is issued when the
court finds that a particular office holder is not doing legal duty and thereby is infringing on the right of
an individual.
Prohibition: This writ is issued by a higher court when a lower court has considered a case going
beyond its jurisdiction.
Qua-Warranto : The word Qua-Warranto literally means “by what warrants?” or “what is your
authority”. If the court finds that a person is holding office but is not entitled to hold that office, it issue
the writ and restricts that person from acting as an officer holder.
Certiorari: Under this writ, the court orders a lower court or another authority to transfer a matter
pending before it to the higher authority or court.
Thus Judiciary play a important role for the protection of our fundamental rights.

JUDICIAL ACTIVISM IN INDIA

The Term ,” Judicial activism was coined for the first time by Arthur Schlesinger Jr. in his article ,” The
supreme Court 1947,” Published in Fortune magazine in the same year. Though the history of judicial
activism dates back to 1803 when concept of Judicial Review was evolved by chief justice Marshall in
celebrated case of Marbury vs Madison.

The emergence of Judicial Review gave birth to a new moment which is known as Judicial Activism.
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Exercise of unconventional jurisprudence or creative approach of judiciary can be called as judicial

activism for instance, in India, the Supreme Court has treated even a letter as a writ petition and has
passed appropriate orders. This concept has turned into an important means to enhance the
applicability of a particular legislation for social betterment and also to bringing improvement in the
concerned state machinery.

PIL AND JUDICIAL ACTIVISM

Public interest litigation means “litigation in the interest of public” entered judicial process in 1970.
This type of litigation was innovated by judges to provide “equal access” to the unprivileged section of
the society.
The concept of Public Interest Litigation (PIL) originated and developed in the USA in the 1960s. In the
USA, it was designed to provide legal representation to previously unrepresented groups or interests.
Development of PIL has provided significant assistance in making the judicial activism meaningful. On
account of this type of litigation the court has found opportunity to give directions in public interest
and enforcement of the public duties.
The most important power of Supreme Court is the power of Judicial Review. In particular the review
power means that the Judiciary can interpret the constitution and the laws passed by the legislature. If
the court arrives at the conclusion that the law is inconsistent with the provisions of the constitution
such a law is declared as unconstitutional and inapplicable. The colour of Judiciary Activism changed
with the Supreme Court Judgement in S.P Gupta case wherever it was pronounced that any person
could file a Public interest Integration for another affected person who was deprived and could not
approach the court.

Case study:
Kesavananda Bharti vs. State of Kerala
The Kesavanda Bharti judgement by the Supreme Court of India that outlined the ‘basic structure
doctrine’ of the constitution. The Supreme Court held that the basic structure of the constitution could
not be changed even by a Constitutional amendment.

Shah Bano Case

Shan Bano, a 62year old Muslim women was divorced by her husband in 1978. Supreme Court
delivered a judgement in favour, maintenance given to aggrieved divorced Muslim women.

Shreya Singhal vs. Union of India

Shreya Singhal vs. Union of India is a judgement of the Supreme Court of India, on the issue of online
speech and intermediary liability in India. The Supreme court struck down section 66A of The
Information Technology Act, 2000, relating to restrictions on online speech, as unconstitutional on,
grounds of violating the freedom of speech guaranteed under Article 19(1)(a) of the constitution of
India.

Vishakha vs. State of Rajasthan

Vishakha and other women groups filed Public Interest Litigation (PIL) against state of Rajasthan and
Union of India to enforce the fundamental rights of working women under Article 14, 19, 21 of the
constitution of India.

Human Rights is a very old phenomenon and is integral to every human beings for its development.
Human Rights has always been regarded as the backbone of every democratic set up. India has made
the most sincere efforts for the protection and promotion of human rights in the world over.
Supreme Court, High court played an important role in protecting and safeguarding the human rights in
India. Judiciary provide justice through the interpretation of laws. Sometimes through the wide
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interpretation of provision of various legislation and also the provision of constitution judiciary is able
to empower to rights.

4. DISCUSS THE RIGHTS OF DISABLED PERSONS UNDER THE FRAMEWORK OF UNITED NATIONS.

The United Nations General Assembly has adopted following two declarations for the improvement of
conditions of disabled persons:
a. The Declaration on the Rights of Mentally Retarded persons; and
b. The Declaration on the Rights of Disabled persons.

a. The Declaration on the Rights of Mentally Retarded Persons, 1971.

This Declaration was adopted by the General Assembly on 20th December, 1971, keeping in view the
necessity of providing help to mentally Retarded persons in order to enable them to develop their
abilities and promoting their integration in the normal life. The declaration lays down the following
principles:
(1) The mentally retarded person has to the maximum degrees of feasibility, the same rights as
other human beings;
(2) The mentally retarded person has a right to proper medical care and physical therapy and to such
education, training, rehabilitation and guidance as will enable him to develop his ability and maximum
potential.
(3) The mentally retarded person has a right to economic security and to a decent standard of living.
He has a right to perform productive work or to engage in any meaningful occupation to the fullest
possible extent of his capabilities.
(4) The mentally retarded person, whenever possible should live with his family, or with foster
parents and participate in different forms of community life. The family with which he lives should be
provided with assistance.
(5)The mentally retarded person has a right to qualified guardian when this is required to protect his
personal well-being and interests.
(6) The mentally retarded person has a right to protection from exploitation, abuse and degraded
treatment. If prosecuted for any offence, he shall have a right to due process of law with full
recognition being given to his degree of mental responsibility.
(7) Whenever mentally retarded persons are unable, because of the security of their handicap, to
exercise all their rights in a meaningful way or it should become necessary to restrict or deny some or
all of these rights, the procedure used for that restriction or denial of rights must contain proper legal
safeguards against every form of abuse. This procedure must be based on an evaluation of social
capability of the mentally retarded person by qualified experts and must be subjected to periodic
review and to the right of appeal to higher authorities.

b. The Declaration on the Rights of Disabled Persons, 1975

This declaration was adopted by the General Assembly on 9th December. 1975 keeping in view the
necessity of preventing physical and mental disabilities and assisting disabled persons to develop their
abilities in the most varietal fields of activities and of promoting their integration as far as possible in
normal life. The Declaration lays down following principles:
(1) The Disabled person shall enjoy all the rights contained in this Declaration without distinction or
discrimination on the basis of race, colour, sex, language, religion, political or other opinions. National
or social origin, state of health, birth or any other situation applying either to the disabled person
himself or herself or to his or her family.
(2) Disabled persons have inherent rights to respect for their human dignity and irrespective of the
origin, nature or seriousness of their handicaps and disabilities, have the same fundamental rights as
their fellow citizens of the same age which implies the right to enjoy à decent life as normal and full as
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possible.
(3) Disabled persons have the same civil and political rights as other human beings.
(4) Disabled persons are entitled to the measures designed to enable them to become as self-reliant
as possible.
(5) Disabled person has the right to medical, psychological and functional treatment, including
prosthetic or Prosthetic appliances to medical and social rehabilitation aid, counselling, placement
services and other services which will enable them to develop their capabilities and skills to the
maximum and will hasten the process of their social integration or reintegration.
(6)Disabled persons have the right to economic and social security including the right, according to
their capabilities to secure and retain employment or to engage in a useful, productive and
remunerative occupation and to join trade unions.
(7)Disabled persons are entitled to have their special need taken into consideration at all stages of
economic and social planning. (8) Disabled persons have the right to live with their families or with
foster parents and to participate in all social, creative or recreational activities.
(9)Disabled persons shall be protected against all exploitation and treatment of discriminatory,
abusive or degrading nature.
(10)Disabled persons shall be able to avail themselves of qualified legal aid when such aid proves
indispensable for the protection of their persons and property. If judicial proceedings are instituted
against them, the legal procedure applied, shall take their physical and mental condition fully into
account.
International Year of Disabled Person
The General Assembly decided on 16th December, 1978 to observe the year of 1981 as the
International Year for the Disabled Persons for this purpose, a 15 Member Advisory Committee was
formed. Later on its strength was increased to 23 by the General Assembly Resolution of 20th
December, 1978. This Advisory Committee formulated the World Programme of Action concerning
disabled persons which was adopted by the General Assembly on 3rd December, 1982. Further, the
period 1983-1992 was observed as United Nations of Disabled Persons.
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5. DISCUSS THE STRUCTURE, FUNCTIONS AND ACTIVE ROLE OF NATIONAL HUMAN RIGHTS
COMMISSION .
Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General
Assembly in Paris on 10 December 1948. In due time the growing importance of strengthening
national human rights institutions has been recognized and in 1991, a UN meeting in Paris has
developed a detailed set of principles i.e. Paris Principles. These principles became the foundation
for the establishment and operation of National Human Rights institutions.
STRUCTURE OF NHRC
NHRC of India is an independent statutory body established on 12 October, 1993 as per
provisions of Protection of Human Rights Act, 1993, later amended in 2006. NHRC has
celebrated its Silver Jubilee (25 years) on October 12, 2018. Its headquarter is located in New
Delhi. It is the watchdog of human rights in the country, i.e. the rights related to life, liberty,
equality and dignity of the individual guaranteed by Indian Constitution or embodied in the
international covenants and enforceable by courts in India. It was established in conformity with
the Paris Principles, adopted for the promotion and protection of human rights in Paris
(October, 1991) and endorsed by the General Assembly of the United Nations on 20 December,
1993.
 Key Members: It is a multi-member body consisting of a chairperson, five full-time Members and
seven deemed Members. A person who has been the Chief Justice of India or a judge of
the Supreme Court can become a chairman.
 Appointment: The chairman and members are appointed by the President on the
recommendations of a six-member committee consisting of the Prime Minister as its head,
the Speaker of the Lok Sabha, the Deputy Chairman of the Rajya Sabha, leaders of the Opposition
in both the Houses of Parliament and the Union Home Minister.
 Tenure: The chairman and members hold office for a term of three years or until they attain the
age of 70 years, whichever is earlier. The President can remove the chairman or any member from
the office under some circumstances.
 Removal: They can be removed only on the charges of proved misbehavior or incapacity, if
proved by an inquiry conducted by a Supreme Court Judge.
 Divisions: Commission also has five Specialized Divisions i.e. Law Division, Investigation Division,
Policy Research & Programmes Division, Training Division and Administration Division.

Role & Functions of NHRC

The National Human Rights Commission (NHRC) has a number of functions that are designed to
protect and promote human rights in India. Some of the key functions of the NHRC include:
 Inquire into complaints of violation of human rights/abetment or negligence in the
prevention of such violation by a public servant.
 Intervene in any proceeding involving any allegation of violation of human rights pending
before a court with the approval of the such court.
 Visit any jail or any other institution under the control of the State Government to study the
living condition of the inmates and make recommendations thereon
 Review the safeguards under the Constitution/law in force for the protection of human rights
and recommend measures for their effective implementation.
 Review the factors like terrorism that inhibit the enjoyment of human rights and recommend
appropriate remedial measures.
 Study treaties and other international instruments on human rights and make
recommendations.
 Undertake and promote research in the field of human rights.
 Spread human rights literacy among various sections of society and promote awareness of
the safeguards available.
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 Encourage the efforts of NGOs and institutions working in the field of human rights.

What are the powers of NHRC?

The National Human Rights Commission (NHRC) has a number of powers that enable it to carry
out its mandate to protect and promote human rights in India. Some of these powers include:
 Powers of a civil court in the investigation and inquiry into complaints of human rights
violations: The Commission, when investigating complaints, has the same powers as a Civil
Court hearing a case under the Code of Civil Procedure, 1908. These powers include the
ability to:
o Summon and enforce the attendance of witnesses and examine them on oath.
o Discovery and production of any document.
o Receiving evidence on affidavits.
o Requisitioning any public record or copy thereof from any Court or office.
o Issuing commissions for the examination of witnesses or documents.
 Power to recommend compensation to victims of human rights violations: The NHRC has the
authority to recommend that victims of human rights violations be compensated for their
losses or suffering.
 Power to approach the Supreme Court or the High Court for the enforcement of human
rights: If necessary, the NHRC can approach the Supreme Court or the High Court for the
enforcement of human rights in order to protect the rights of individuals or groups.
 Power to take suo moto cognizance of human rights violations: The NHRC has the authority
to take "suo motu" cognizance of human rights violations, even if a formal complaint has not
been filed.
 Section 13 of the Act provides that the NHRC while investigating complaints under this Act,
has all of the powers of a civil court trying a case under the Code of Civil Procedure.
 According to Section 14, the Commission is authorized to employ any officer or intelligence
agency of the Central Government or any State Government to conduct an investigation
related to the inquiry.
 Section 20 provides that the Commission is obliged to submit an annual report as well as
special reports to the Central Government and state governments.
Case Law related to functions and powers of NHRC
In Paramjit Kaur v. State of Punjab(1999), the Supreme Court of India laid down some guidelines
and rules regarding the functions and powers of the Commission.
Article 32 of the Constitution of India, entrusted the National Human Rights Commission to deal with
certain matters in the manner indicated in the course of its order. The Commission would function
pursuant to the directions issued by the Supreme Court and not under the Act under which it is
constituted. Therefore, the jurisdiction exercised by the National Human Rights Commission in these
matters is of a special nature not covered by enactment or law, and thus, acts sui generis.

State Human Rights Commission- Background History

A State Human Rights Commission can prosecute human rights violations in matters covered by the
Indian constitution’s seventh schedule’s state list and concurrent list. The Human Rights Protection Act of
1993 mandates the establishment of a state-level Human Rights Commission. The Human Rights
Protection Act of 1993 creates a National Human Rights Commission and a state-level Human Rights
Commission. Official Gazette Notifications have established State Human Rights Commissions in twenty-
six states.

Functions of State Human rights Commission

The Human Rights Protection Act,1993 had given various functions of State Human rights commission:
 Conduct investigations on its own or respond to a complaint from the victim or someone acting on
behalf of the victim.
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 The State Human Rights Commission has the authority to interfere in court proceedings involving
any human rights violation claim; however, such involvement must be approved by the court
beforehand.
 It goes to prisons and other places where people are held. The state government should have
jurisdiction over these entities. They visit to examine the convicts’ living conditions and provide
recommendations.
 Recommend actions to ensure that the Constitution’s safeguards are effectively implemented.
 Encourage non-governmental organisations (NGOs) that operate in human rights.

Constitution of SHRC
It consists of two members and a chairman. The chairperson should be a retired Chief Justice of the High
Court. The members should be serving or retired judges of the High Court or district judges with at least
seven years of experience and someone with knowledge or practical experience in human rights.
The Chairperson and members of the SHRC are appointed based on the recommendations of a committee
by the Governor:
 The Speaker of the Legislative Assembly
 The legislative council’s Leader of the Opposition
 The legislative assembly’s Leader of the Opposition
 The Chief Minister (chairperson)
 The Home Minister
 The Legislative Council’s Chairman
Only the Supreme Court Chief Justice can appoint a sitting HC judge or a sitting district judge.

Powers of SHRC
The National Human Rights Commission Act of 1993 mandates the establishment of state-level human
rights commissions. The Governor appoints the chairman and two other members of the state
commission.
The following are the SHRC’s powers:
 It possesses all the civil court’s authorities, and its proceedings are judicial.
 It has the authority to intervene in any action involving a breach of human rights.
 It has the authority to review and safeguard human rights protection.
During or after an investigation, the Commission may take any of the following actions:
 It could imply that the state government or authority will pay the victim’s compensation or
damages.
 It could advise the state government or authority that criminal charges or other proceedings be
launched against it.
 It could be suggested to the state government or authority that the victim be given an immediate
interim remedy.
 It can ask the Supreme Court or a state high court for guidance, orders, or writs.
 The Commission’s yearly or special reports are delivered to the state government. These reports
and a memorandum of action taken on the Commission’s recommendations and the reasons for
rejecting any of them are delivered to the state legislature.

Conclusion
Human rights are fundamental rights necessary for a person’s growth as a human being. The Constitution
protects fundamental rights such as Fundamental Rights and DPSPs.
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6. DISCUSS THE CONVENTION OF HUMAN RIGHTS ON RIGHTS OF CHILDREN.

The United Nations concern for the right of child had begun since 1946 when the temporary social
commission of the Economic and Social Council insisted that the Geneva Declaration of 1924 made
under the League of Nations should be binding on the peoples of the world even after the end of
Second World War. The five points which were adopted in the form of Geneva Declaration of 1924 are
as follows:
(i) The child must be given the means requisite for its normal development, both materially and
spiritually.
(ii) The child that is hungry must be fed, the child that is sick must be helped, the child that is
backward must be helped, the delinquent child must be reclaimed and the orphan and the
waif must be sheltered and secured.
(iii) The child must be first to receive relief in time of distress.,
(iv) The child must be put in a position to earn a livelihood and must be protected against every
form of exploitation.
(v) The child must be brought up in the consciousness that its talents must be devoted to service
of its fellow men.

The 1959 Declaration on the Rights of Child On the basis of the above mentioned five points of the
temporary Social Commission adopted in 1950, the General Assembly adopted a Declaration on the
Right of child, which contains following ten points:
1) The child shall enjoy all the rights set forth in this declaration. All children, without any
exception whatsoever, shall be entitled to these rights, without distinction or discrimination
on account of race, colour. sex, language, religion, political or other opinion. national or social
origin, property, birth or other status whether of himself or of his own family.
2) The child shall enjoy special protection and shall be given opportunities and facilities by law
and other means to enable him to develop physically, mentally, morally, spiritually and
socially in a healthy and normal manner and in the condition of freedom and dignity. In the
enactment of laws for this purpose, the best interests of the child shall be the paramount
consideration.
3) The child shall be entitled from his birth to a name and nationality. (4) The child shall enjoy
the benefits of social security. He shall be entitled to grow and develop in health, to this end
special care and protection shall be provided both to him and to his mother including
adequate pre-natal and post-natal care. The child shall have the right to adequate autrition,
housing recreation and medical services.
4) The child who is physically, mentally or socially handicapped shall be given the special
treatment, education and care required by the particular condition.
5) The Child, for the full and harmonious development of his personality, needs love and
understanding. He shall wherever. possible grow up in the care and under the responsibility of
his pants and in any case in an atmosphere of affection and a moral anu material security. A
child of tender years shall not, save in exceptional circumstances, be separated from his
mother. Society and public authorities shall have the duty to extend particular care to children
without a family and to those without means of support. Payment from state and other
assistance towards the maintenance of children of large families is desirable.
6) The child is entitled to education, which shall be free and compulsory, at least in the
elementary stages. He shall be given an education which will promote his general culture and
enable him on a basis of equal opportunity to develop his abilities. his individual judgment,
and his sense of moral and social responsibility and to become a useful member of the
[Link] best interests of the child shall be the guiding principle of those responsible for his
education and guidance, that responsibility lies in the first place with his parents.
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7) The child shall have full opportunity for play and recreation, which should be directed to the
some purposes as education, society and the public authorities shall endeavour to promote
the enjoyment of this right.
8) The child shall in all circumstances be among the first to receive protection and relief.
9) The child shall be protected against all forms of neglect cruelty and exploitation. He shall not
be subject of traffic in any form. The child shall not be admitted to employment before an
approxiate minimum age. He shall occupation or employment which would prejudice his
health or education, or interfere with his physical, mental or moral development.
10) The child shall be protected from practice which may foster racial, religious and any other
form of discrimination. He shall be brought up in a spirit of understanding tolerance,
friendship among peoples. Peace and universal consciousness that his energy and talents
should be directed to the service of his fellow-men.

The General Assembly decided on 21st December, 1976 to observe the year 1979 to be the
international year of the child.
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7. Abolition of Death Penalty in Indian Legal system.

Capital punishment, also called the death penalty, is the execution of an offender sentenced to death
after conviction by a court of law of a criminal offence. It is the highest penalty awardable to an
accused. Generally, it is awarded in extremely severe cases of murder, rapes, treason etc.
The death penalty is seen as the most suitable punishment and effective deterrent for the worst
crimes. Those who oppose it, however, see it as inhumane. Thus, the morality of the death penalty is
debatable and many criminologists and socialists all across the globe, have been long demanding
abolition of the death penalty.

Arguments: In Favour of the Death Penalty

 Retribution: One of the key principles of retribution is that people should get what they deserve in
proportion to the severity of their crime.
o This argument states that real justice requires people to suffer for their wrongdoing and to suffer
in a way appropriate for the crime.
o Each criminal should get what their crime deserves and in the case of a murder, criminal deserves
death.
 Deterrence: Capital punishment is often justified with the argument that by executing convicted
murderers, we will deter would-be murderers from killing people.
 It is often argued that the death penalty provides closure for victims' families.
 There are many examples of persons condemned to death taking the opportunity of the time before
execution to repent, express remorse and it demonstrates that the death penalty can lead to some
forms of rehabilitation.

Arguments: Against the Death Penalty

a. The statistical evidence doesn’t confirm that deterrence works.
o Some of those executed may not have been capable of being deterred because of mental illness
or defect.
o Some capital crimes are committed in such an emotional state that the perpetrator did not think
about the possible consequences.
o Death has been prescribed in rape cases since 2013 (Sec. 376A of IPC), still, rapes continue to
happen and in fact, the brutality of rapes has increased manifold. This compels one to think of the
death penalty is an effective deterrent to crime.
b. Execution of the Innocent: The most common argument against capital punishment is that sooner or
later, innocent people may get killed, because of mistakes or flaws in the justice system.
According to Amnesty International: As long as human justice remains fallible, the risk of executing
the innocent can never be eliminated.
c. People who oppose Capital punishment are of the view that retribution is immoral, and it is just
a sanitised form of vengeance.
d. Death has been abolished as a form of punishment in most of the developed countries.
e. Capital punishment doesn't rehabilitate the prisoner and return them to society.

Death Penalty in the Indian Context

 Prior to the Criminal Procedure (Amendment) Act (Cr PC) of 1955, the death penalty was the rule and
life imprisonment an exception in India.
Further, the courts were bound to give an explanation for awarding a lighter penalty than death for
capital offences.
 After the amendment of 1955 courts were at liberty to grant either death or life imprisonment.
o As per Section 354 (3) of the Cr PC, 1973 the courts are required to state reasons in writing for
awarding the maximum penalty.
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o The situation has been reversed and a life sentence is the rule and death penalty an exception in
capital offences.
o Moreover, despite a global moratorium against the death penalty by the UN, India retains the
death penalty.
o India is of view that allowing criminals guilty of having committed intentional, cold-blooded,
deliberate and brutal murders to escape with a lesser punishment will deprive the law of
its effectiveness and result in travesty of justice.
 In concurrence of this, a proposal for the scrapping of the death penalty was rejected by the Law
Commission in its 35th report 1967.
o In India as per official statistics, 720 executions have taken place in India after independence,
which is a minuscule fraction of the people who were awarded death penalty by the trial courts.
In the majority of the cases, death was commuted to life imprisonment and some were acquitted
by the higher courts.

The Indian Penal Code prescribes ‘death’ for offences such as

 Waging war against the Government of India. (Sec. 121);
 Abetting mutiny actually committed (Sec. 132);
 Giving or fabricating false evidence upon which an innocent person suffers death. (Sec. 194);
 Murder (Sec. 302);
Some other criminal statutes that provide for the death penalty as a form of punishment.
 Direct or indirect abetment of sati is punishable with Death penalty under the Commission of Sati
(Prevention) Act, 1987.
 Under SC and ST (Prevention of Atrocities Act), 1989 giving false evidence leading to the execution of
an innocent member belonging to the SC or ST would attract the death penalty.
 Besides these, rape of a minor below 12 years of age is punishable with death under Protection of
Children from Sexual Offences (POCSO) Act, 2012.
 Financing, producing, manufacturing as well as the sale of certain drugs attracts the death penalty for
repeat offenders under the Narcotic Drugs and Psychotropic Substances Act, 1985.
 Unlawful Activities (Prevention) Act, 1967; Army, Navy and Air Force Acts also provide the death
penalty for certain specified offences committed by members of the armed forces.
Supreme Court on the Death Penalty
 Jagmohan Singh v. State of UP 1973 case: The Supreme Court held that according to Article 21
deprivation of life is constitutionally permissible if that is done according to the procedure
established by law.
 Rajendra Prasad v. State of UP 1979 case: The Supreme Court held that, if the murderous operation
of a criminal jeopardizes social security in a persistent, planned and perilous fashion then his
enjoyment of fundamental rights may be rightly annihilated.

Conclusion
Deterrence is most effective when the punishment happens soon after the crime. The more the legal
process distances the punishment from the crime - either in time, or certainty - the less effective a
deterrent the punishment will probably be.
India is awaiting execution of Nirbhaya’s rapists, the inordinate delay in the execution of the death
penalty has taken the sting out of the punishment. This is the reason why Hyderabad police encounter in
Disha’s case was hailed by a large populace.
In this context, there is a need to expedite investigations at the hands of a well trained and equipped
police system ably supported by fast track trials to reinforce the faith of the public in our legal system.
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8. DISCUSS THE ROLE OF INDIAN JUDICIARY AND LEGISLATURE IN THE PREVENTION OF SEXUAL
HARRASSEMENT OF WOMEN AT WORKPLACE.
Women all around the world left the boundaries of their homes and started working. Though women had
been working always with their families on farms, as house help, even as baby sitters from time
immemorial. All these were considered secondary activities and were seldom recognized. Women
worked without any rights and thus were frequently exploited.

The makers of the constitution recognized this problem and provided the right to equality to all. In an
emerging Indian Economy as more and more women started entering the workplace, the malady of
sexual harassment has reared its ugly face into many fields. Irrespective of gender, caste, creed or social
status. India’s Constitution aims at equality under Article 15 and provides for special laws to be made for
the depressed classes and women.

As a result of growing importance of this issue section 354A was added to the IPC which enlists the acts
which constitutes the offence of sexual harassment. They are:
1. physical contact and advances involving unwelcome and explicit sexual overtures; or
2. a demand or request for sexual favour; or
3. showing pornography against the will of a woman; or
4. making sexually coloured remarks, earlier, there were no related laws in the Indian Penal Code
that could be evoked.
There were three sections in Indian Penal Code viz. Section 294[2], 354[3] and 509[4] to deal with such
crimes. However, these related laws are framed as an offence that either amount to obscenity in public
or acts that are seen to violate the modesty of women. While Section 294 IPC is a law applicable to both
men and women, the latter two are specifically oriented towards women.

Judicial Activism
In the context of sexual harassment, judicial activism reached its pinnacle in Vishakha v. State of
Rajasthan (Vishakha). The judgement was unprecedented for several reasons: the Supreme Court
acknowledged and relied to a great extent on international treaties that had not been transformed
into municipal law; the Supreme Court provided the first authoritative definition of ‘sexual harassment’
in India; and confronted with a statutory vacuum, it went creative and proposed the route of Judicial
Legislation.
Gang rape of Bhanwari Devi
The incident that lead to a public interest litigation being (PIL) filed in respect of the Vishakha case was
the gang rape of a social worker in Rajasthan. The trial court even went ahead and acquitted the five
accused. This made five NGOs under the name ‘Vishakha’ to file PIL in the Supreme Court seeking
detailed directions on how sexual harassment of women at workplace could be prevented using judicial
activism.

Reference to international treaties while making the Vishakha Guidelines

The Guidelines
The Supreme Court issued a series of ‘guidelines’, based on the Convention of Elimination of All Forms
of Discrimination against Women (CEDAW) to protect women from sexual harassment at the workplace
as below:
1. The employer and / or other responsible people in a workplace are duty- bound to prevent
or deter sexual harassment and set up processes to resolve, settle or prosecute in such
cases.
2. For the first time in India “sexual harassment was defined authoritatively” and it includes
such unwelcome behaviour (whether directly or by implication) such as: physical contact and
advances, a demand or request for sexual favours, sexually coloured remarks, showing
pornography, and any other physical, verbal or non- verbal conduct of sexual nature.
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3. All employers or persons in charge of workplaces must strive to prevent sexual harassment
and if any act amount to a specific offence under the Indian Penal Code 1860 or any other
law, they must take appropriate action to punish the guilty.
4. Even if the act is not considered a legal offence or a breach of service rules, the employer
should create appropriate mechanisms so that the complaint is addressed and redressed in a
time bound manner.
5. This complaint mechanism must, if necessary, provide a complaints committee, headed by a
woman, and at least half of the members should be women, a special counsellor or other
support service, such as assured confidentiality.
6. The employer must sensitize female employees to their rights and prominently notify
the court’s guidelines.
7. Even if a third party is responsible for sexual harassment, the employer must take all
steps necessary to support the victim.
8. The Central and State Governments should adopt suitable measures to ensure private
sector employees implement these guidelines.

The status of women even today is not at par with their male counterparts. The Sexual Harassment of
Women at Workplace Act, 2013 is a welcome addition amongst the class of such laws.

Provisions of the Act

It had come to the attention of different courts in India that the guidelines that have been set by the
supreme court of India were not practiced in many workplaces in the country. It took 16 years after the
passing of the landmark case of the Vishaka and others v. State of Rajasthan and the judgement where
the supreme court had set up guidelines for sexual harassment in the workplace a proper legislation
was enacted, this was the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013[5].

Landmark Judgement in false case:

The Delhi High Court took cognizance of the false case of Sexual Harassment filed by women in one of
its landmark judgements Anita Suresh v. Union of India in which Justice Midha granted exemplary
damages to the respondent in the lieu of false Sexual harassment being filed against them. The court
ordered the appellant Ms. Anita Suresh to pay 50,000 rupees to the respondents and the bar
association of Delhi.
This helped point out that being falsely implicated of such heinous crimes has a huge impact on the life
of the accused as he may be innocent, but people start to consider him guilty beyond doubt.

Changes in the Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal)
Act, 2013
The Act recognizes the possibility of false prosecution and says that all the punishments which would
have been applicable on the perpetrator had the accusation be proved would be conversely applicable
on the plaintiff if she files a false case.
The act is revolutionary in every sense but it has come under scrutiny because its narrow scope,
exploitation of men though not a common practice in India. Is also not unheard of.
But, one thing that the act definitely did was improve the status of the labour class or the housemaids
whose rights were tough to protect even in the Vishakha guidelines, have been given proper redressal
mechanisms so that their rights are also protected.