PART I: CONSTITUTIONAL FOUNDATIONS
1. Preamble of Indian
Constitution
Key Features: - Declares India as SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC
REPUBLIC - Secures Justice (social, economic, political), Liberty (thought,
expression, belief, faith, worship), Equality (status and opportunity),
Fraternity (dignity and unity) - Philosophy underlying the Constitution - Not
enforceable but guides interpretation of constitutional provisions - Can be
amended under Article 368
Human Rights Significance: Reflects hopes and aspirations; embodies social, economic, and
political philosophy; fundamental to understanding fundamental rights
2. Directive
Principles of State Policy (DPSP)
Location: Articles 36-51, Part IV
Classification:
Socialistic (Articles 38-43A, 47): Right to livelihood, equal pay for equal
work, free legal aid, living wage, nutrition and public health
Gandhian (Articles 40, 43, 43B, 46-48): Village panchayats, cottage
industries, protection of weaker sections, prohibition
Liberal-Intellectual (Articles 44-51): Uniform civil code, environment, separation of
judiciary from executive, international peace
Nature: Non-justiciable but fundamental in governance
Significance: Balance between individual rights (FRs) and collective welfare;
harmony essential to basic structure
3. Fundamental
Rights in Indian Constitution
Six Categories (Articles 12-35):
Right to Equality (14-18): Equality before law, prohibition of discrimination,
abolition of untouchability
Right to Freedom (19-22): Speech, assembly, movement, residence, profession;
protection against conviction
Right against
Exploitation (23-24): Prohibition of trafficking,
forced labor, child labor
Right to Freedom
of Religion (25-28): Freedom of conscience,
managing religious affairs
Cultural and
Educational Rights (29-30): Protection of minority
interests
Right to
Constitutional Remedies (32): Right to approach
Supreme Court
Enforcement: Through writs - Habeas Corpus, Mandamus, Certiorari, Prohibition,
Quo Warranto
21. Article 21 -
Right to Life and Personal Liberty
Text: “No person shall be deprived of his life or personal liberty
except according to procedure established by law”
Expanded Scope: - Right to live with human dignity - Right to livelihood - Right
to health and medical care - Right to shelter - Right to clean environment -
Right to education - Right to privacy - Right to food - Right to speedy trial
Characteristics: Available to all persons including foreigners; protection against
State action; procedure must be just, fair, and reasonable
PART II: LANDMARK
GENDER JUSTICE CASES
4. Mathura Rape
Case (1979) - Legal Reforms
Facts: Tribal girl Mathura raped by two
police officers in Maharashtra police station (1972)
Supreme Court Ruling: Acquitted accused
stating no marks of injury meant consent; passive submission ≠ consent
Reforms (Criminal Law Amendment Act, 1983): - Section 114A Evidence Act: Presumption of no consent if victim
testifies - Section 376 amended: Custodial rape - minimum 7 years imprisonment
- Sections 376A-D: Different custodial scenarios - Burden of proof shifted to
accused - Ban on publishing victim’s identity - In-camera trial proceedings
Significance: Sparked women’s rights
movement; transformed India’s rape laws
5. State of
Maharashtra v. Madhukar Narayan Mardikar (1991)
Facts: Police Inspector attempted sexual
assault; woman resisted
Issue: Whether woman’s character can
deny her right to dignity
Supreme Court Held: - Every woman has
constitutional right to privacy and bodily integrity - Character/social status
irrelevant to protection of law - Evidence cannot be disregarded based on
virtue - Equal protection for all women
Significance: First recognition of right
to privacy; challenged patriarchal norms; affirmed dignity protection
regardless of profession
PART III:
INTERNATIONAL HUMAN RIGHTS INSTRUMENTS
6. International
Covenant on Economic, Social and Cultural Rights (ICESCR)
Adoption: December 16, 1966; force
January 3, 1976
India: Ratified April 10, 1979
Core Rights: - Work (Article 6) - Just
working conditions (Article 7) - Trade unions (Article 8) - Social security
(Article 9) - Family protection (Article 10) - Adequate living standard, food,
housing (Article 11) - Health (Article 12) - Education (Article 13) - Cultural
life (Article 15)
India Correspondence: Article 41 (work),
39(d) (equal pay), 43 (living wage), 42 (humane conditions), 47 (public
health), 21A (education)
Implementation: Progressive realization;
UN Committee monitors
7. International
Covenant on Civil and Political Rights (ICCPR) 1966
Adoption: December 16, 1966; force March
23, 1976
India: Ratified 1979
Rights Protected: - Right to life -
Freedom of religion - Freedom of speech and expression - Freedom of assembly -
Electoral rights - Due process and fair trial - Prohibition of torture -
Protection against arbitrary detention
India’s Compliance: Article 19
(freedoms), constitutional provisions align with ICCPR obligations
Monitoring: UN Human Rights Committee -
4-year periodic reviews
8. Declaration
on Right to Development (DRTD) 1986
Adopted: December 4, 1986 (146 for; US
against; 8 abstentions)
Definition: Right to participate in,
contribute to, and benefit from economic, social, cultural, political
development
Key Principles: - Both individual and
collective right - Comprehensive approach integrating all human rights -
Equity, equality, justice - State responsibility - International cooperation
duty
India Application: Not separately
legislated but inherent in Constitution; FRs and DPSPs embody development
rights; Article 21 expanded to include development aspects
14. Universal
Declaration of Human Rights (UDHR) - Legal Status
Adopted: December 10, 1948 (48 for, 0
against, 8 abstained)
Legal Nature: - NOT legally binding as
declaration - Aspirational document setting common standards - Part of
customary international law - Many provisions considered jus cogens
(fundamental principles)
Legal Effect: - Inspired ICCPR and
ICESCR (1966) - Incorporated into 90+ national constitutions - Indian
Constitution embodies most UDHR articles - Used for diplomatic and moral
pressure - Cited by courts worldwide
30 Articles: Cover civil, political,
economic, social, cultural rights
PART IV: PUBLIC
INTEREST LITIGATION CASES
12. People’s
Union for Democratic Rights v. Union of India (1982) - Asiad Workers Case
Facts: Construction workers for 1982
Asian Games exploited - below minimum wages, child labor, women discriminated
Issues: Locus standi in PILs; State
responsibility for contractor violations
Supreme Court Held: - Expanded PIL:
Third party can file on behalf of marginalized - Article 32 can be invoked for
systemic labor rights violations - State accountable: Principal employer
responsible for contractors - Non-payment of minimum wages = forced labor
(Article 23 violation) - Child labor violates Article 24 - Gender wage
discrimination violates Equal Remuneration Act
Innovation: Court appointed three
ombudsmen to monitor sites weekly
Significance: Watershed for PIL;
expanded access to justice; enforced labor rights
9. People’s
Union for Democratic Rights vs. State of Bihar (1986) - Arwal Firing Case
Facts: April 19, 1986 - police opened
fire on 600-700 peaceful peasants at Gandhi Library, Arwal; 21+ deaths
Supreme Court Ruling: - Condemned police
firing as gross Article 21 violation - State has obligation to protect right to
peaceful assembly - Lethal force must be last resort and proportionate -
Indiscriminate firing on peaceful protesters unconstitutional
Directions: Compensation to victims;
withdrawal of false cases; settlement of land dispute
Significance: Reinforced civil
liberties; judicial scrutiny over police actions; state accountability
PART V: CONTROVERSIAL
LEGISLATION
10. Armed Forces
Special Powers Act (AFSPA)
Enacted: 1958 (based on 1942 British ordinance)
Application: “Disturbed areas” in Northeast India and J&K
Powers (Section 4): - Fire or use lethal force after warning - Arrest without warrant
on reasonable suspicion - Enter and search without warrant - Immunity from
prosecution unless Central Government sanctions
Human Rights
Concerns: Militarization of Indigenous territories,
extrajudicial killings, arbitrary detention, surveillance
Supreme Court
Guidelines (1998 - Naga People’s Movement): -
Central government consult state before declaration - Not unrestricted
authority - Must have time frame; review after 6 months - Use minimum force
necessary
Supreme Court Orders
(2016-17): Every death must be enquired by CID;
even enemies entitled to Article 21; no absolute immunity
PART VI: PRISON REFORM
11. Nelson Mandela Rules, 2015
Background: Revision of 1955 UN Standard
Minimum Rules; adopted May 22, 2015
Named After: Nelson Mandela (27 years in
prison)
122 Rules covering prison management
Key Provisions:
Solitary Confinement (Rules 43-45): -
Defined as 22+ hours/day without meaningful human contact - Prolonged =
exceeding 15 consecutive days - Prohibited: Indefinite and prolonged solitary -
Cannot be used as punishment
Prohibited Practices: Torture, cruel
treatment, dark/constantly lit cells, corporal punishment, diet/water
reduction, collective punishment
Prisoners’ Rights: Healthcare, contact
with outside world, humane treatment, dignity, protection against
discrimination, right to file complaints
Significance: Global standards; limits
solitary confinement; emphasis on rehabilitation
PART VII:
INTERNATIONAL LAW AND DOMESTIC LAW
13. Gramophone
Co. v. Birendra Bahadur Pandey (1984)
Facts: Gramophone Company attempted to
import records from Hong Kong under Berne Convention; seized under Customs Act
Issue: Whether international conventions
automatically override Indian law
Supreme Court Held:
Dualist Approach: International law NOT
automatically enforceable unless incorporated through legislation
Article 51(c): State should respect
international law, but if conflict with domestic statute, municipal law
prevails
Harmonious Construction: Courts should
interpret domestic laws consistently with international obligations where
possible
Three Doctrines: Incorporation,
Transformation, Sovereignty Principle
Significance: Cornerstone on
international law-domestic law interplay; affirms India’s commitment while
maintaining legislative supremacy
PART VIII:
CONSTITUTIONAL INTERPLAY
42. Fundamental
Rights and DPSP - Interplay
Evolution:
Champakam
Dorairajan (1951): FRs prevail over DPSPs;
Parliament can amend FRs to implement DPSPs
25th Amendment: Article 31C - laws implementing Articles 39(b), (c) cannot be
challenged on Articles 14, 19, 31
Kesavananda
Bharati (1973): Upheld first provision of 31C;
second provision unconstitutional
Minerva Mills
(1980): Extension of Article 31C by 42nd Amendment
unconstitutional; harmony and balance between FRs and DPSPs is essential
feature of basic structure
Current Position: FRs enjoy supremacy; Parliament can amend FRs to implement DPSPs
without damaging basic structure; both constitute core commitment to social
revolution
27. Separation of
Judiciary from Executive
Constitutional
Provision: Article 50 (DPSP) - State shall separate
judiciary from executive in public services
Significance: - Essential for rule of law - Ensures judicial independence -
Prevents executive interference - Promotes human rights protection - Fair trial
guarantee
Implementation: Gradual separation through administrative reforms; independent judiciary under Articles 124-147 (SC), 214-237 (HC)
Judicial
Pronouncements: Union of India v. Sankalchand
(1977); Second Judges Case (1993); Fourth Judges Case (2016)
PART IX: HUMAN
RIGHTS ADVOCACY AND ACTIVISM
16. Human Rights in
Non-Western Thought
Key
Features:
Emphasis
on Community: Prioritize communal values and group
rights alongside individual rights
Integration
of Rights and Duties: Rights inseparable from
social responsibilities and harmonious relationships (East Asia)
Cultural
and Customary Law: Rights recognized through
community experiences; individual rights derive from collective (Africa)
Spiritual
and Religious Foundations: Islamic, Hindu, Buddhist
philosophies articulate justice, compassion, sanctity of life
Comparison:
|
Aspect |
Western |
Non-Western |
|
Focus |
Individual
rights |
Community
rights |
|
Source |
Legal/Universal |
Customary/Religious |
|
Rights
vs Duties |
Individual
entitlements |
Rights
balanced with duties |
|
Human
Dignity |
Protected
through individual rights |
Realized
via community norms |
|
Universality |
Universal
and inalienable |
Context-dependent |
Contributions: Collective rights, environmental stewardship, integration of
duties with rights influenced UNDRIP
18.
Dr. B.R. Ambedkar - Champion of Human Rights
Architect of Indian Constitution:
Chairman of Drafting Committee
Key Contributions:
Fundamental Rights: Ensured Article 15
(prohibition of discrimination), Article 17 (abolition of untouchability),
Article 23 (prohibition of forced labor)
Article 32: “Very soul and heart of
Constitution” - constitutional remedies
Social Justice: Emphasized
interdependence of civic, social, economic rights; affirmative action through
reservations
Women’s Rights: Hindu Code Bill - equal
rights in inheritance, marriage, divorce
Labor Welfare: Independent Labour Party;
fair wages, working conditions; maternity benefits (Section 50, State Insurance
Act, 1948)
Vision: Holistic approach - believed political democracy at risk if social-economic inequalities persist
23. Judicial
Activism and Fundamental Rights
Definition: Proactive role of judiciary
in defending rights and promoting social justice
Public Interest Litigation (PIL):
Pioneers: Justice Krishna Iyer, Justice
P.N. Bhagwati
Landmark: Akhil Bhartiya Shoshit
Karmachari Sangh v. Union of India (1981); S.P. Gupta v. Union of India (1981)
Locus Standi Relaxed: Public spirited
citizens can approach court for public cause under Articles 32/226
Three Phases: 1. 1980s: Public spirited
persons; disadvantaged sections 2. 1990s: NGOs and lawyers; breadth of issues
expanded 3. 21st Century: Anyone for almost anything
Key Contributions:
Expansion of Article 21: Right to
livelihood (Olga Tellis, 1985), clean environment, education, health
Environmental Protection: MC Mehta v.
UOI (1986) - absolute liability; Taj Trapezium Case
Social Justice: Bandhua Mukti Morcha
(1984) - bonded labor; PUDR v. UOI (1982) - minimum wages
Accountability: SP Gupta (1981) -
judicial appointments; Vineet Narain (1997) - CBI autonomy
Criticisms: Judicial overreach,
encroachment on executive/legislative domain, frivolous litigation
24. International Peace
Movement
Definition: Social movement to achieve ending wars, minimize inter-human
violence, achieve world peace
Methods: Pacifism advocacy, nonviolent resistance, diplomacy, boycotts,
peace camps, ethical consumerism, anti-war political candidates,
demonstrations, lobbying
United
Nations Role:
Peacekeeping: Helps countries navigate conflict to peace; legitimacy, burden
sharing, troops/police deployment
Conflict
Prevention: Diplomatic efforts, mediation, early
warning systems
Platforms
for Negotiation: General Assembly, Security Council
provide forums for peaceful resolution
Achievement: 80 years of UN providing platform for dialogue, preventing
escalation, maintaining peace where dialogue continues
Challenges: Measuring peace (measuring what has NOT happened - war); political
will required; funding dependent on contributions
25. Gender Justice and
Women’s Rights
Constitutional
Provisions: Articles 14 (equality), 15 (prohibition
of discrimination), 16 (equal opportunity), 39(d) (equal pay)
Landmark
Judgments:
CB
Muthamma v. UOI (1979): Gender discrimination in
IFS; rules restricting women violative of Articles 14, 16
Air
India v. Nergesh Mirza (1981): Marriage cannot be
ground for termination; policy arbitrary and unreasonable
Vishaka
v. State of Rajasthan (1997): Sexual harassment
guidelines; right to work in safe environment
Secretary,
Ministry of Defence v. Babita Puniya (2020):
Permanent Commission to women officers; no differentiation between men and
women
Equal
Remuneration Act: Same work = same pay regardless
of sex
Challenges: Gender pay gap, workplace harassment, domestic violence,
stereotyping, representation in judiciary (only 11 women judges in 75 years -
4%)
28. Freedom of Press
and Human Rights
Constitutional
Basis: Article 19(1)(a) - freedom of speech and
expression (implicitly includes press freedom)
Rights
of Media: - Free speech and expression - Receive
and publish information - Circulate and broadcast - Conduct interviews -
Criticize - Report court proceedings - Advertisements
Article
19(2) Restrictions: Sovereignty, integrity,
security, friendly relations, public order, decency, morality, contempt of
court, defamation, incitement
Landmark
Judgments:
Romesh
Thappar v. State of Madras (1950): Press freedom
foundational to democracy
Bennett
Coleman v. UOI (1972): Editorial independence
vital; circulation discretion protected
Sakal
Papers v. UOI (1962): Laws directly impeding free
speech unconstitutional
Global
Ranking: India ranked 161/180 in World Press
Freedom Index 2023 (dropped from 150 in 2022)
Threats: Government crackdown on journalists, attacks on media, fake news,
paid news, corporate/political control, harassment of critics, sedition charges
32. People’s
Union for Democratic Rights - Working and Judgments
Organization: Civil liberties
organization advocating for marginalized
Key Cases:
PUDR v. UOI (1982): Asiad workers case -
expanded PIL, third party locus standi, labor rights enforcement
PUDR v. State of Bihar (1986): Arwal
firing case - condemned police violence on peaceful assembly
Methodology: - Fact-finding missions -
Documentation of human rights violations - Public interest litigation -
Advocacy and awareness campaigns - Reports on custodial violence, encounters,
communal riots
Impact: Strengthened PIL jurisprudence;
enforced labor rights; police accountability; civil liberties protection
34. Communal
Riots and Human Rights Violations
Definition: Collective violence between
communities based on religious, ethnic, linguistic identities
Legal Framework:
IPC Sections 146-148: Rioting
definitions and punishments
Communal Violence Bill, 2005 (not
enacted): Prevention, control, rehabilitation; state/central intervention
powers
Constitutional Provisions: State duty to
maintain public order, prevent internal disturbances
Human Rights Violations: Right to life,
liberty, property, freedom of religion, equality before law
Causes: Religious processions, contested places of worship, desecration of religious sites, hate speech
35. Media’s Role in
Promoting Human Rights
Functions: - Information dissemination - Awareness creation - Exposing
violations - Holding power accountable - Platform for marginalized voices -
Educating public about rights
Tools: Investigative journalism, documentaries, social media campaigns,
RTI applications
Challenges: Censorship, self-censorship, corporate control, government
pressure, attacks on journalists, fake news
Positive
Examples: Coverage of Mathura case sparked reform;
reporting on custodial deaths; Kashmir human rights documentation
36. World Bank’s Role in
Human Rights
Historical
Evolution: Tension between economic development
agency and human rights mandate; 1960s - ceased lending to South
Africa/Portugal due to apartheid/colonialism
Human
Rights Principles Embedded: - Non-discrimination -
Meaningful consultation - Effective public participation - Accountability -
Transparency - Good governance
Initiatives:
Environmental
and Social Framework: Protects people and
environment in Bank-financed projects
Human
Rights, Inclusion and Empowerment (HRIE) Umbrella:
Integrates human rights into operations
Right
to Development: Poverty alleviation, basic needs
(nutrition, water, education, health, housing)
Strategy: Poverty reduction via economy-wide and sectoral policies; rural development; urban employment; basic services; transfer programs; social safety nets
Current
Approach: Human rights and development intertwined;
ensures poorest have access to water, sanitation, health, food
37. NGOs and Human Rights
Education
Role: - Grassroots advocacy - Legal aid - Awareness programs -
Documentation of violations - Policy advocacy - Capacity building
Education
Focus: - Right to education campaigns - Quality
education for marginalized - Scholarship programs - Infrastructure development
- Teacher training
40. Custodial Violence and Torture in Police Custody
Definition: Violence, torture, death in
police custody/lock-ups
Legal Provisions:
IPC Section 330: Voluntarily causing
hurt for confession - up to 7 years
IPC Section 331: Grievous hurt - up to
10 years
Article 21: Violation of right to life
and personal liberty
DK Basu Guidelines (1996):
11 Directions: - Police personnel must
bear visible identification - Memo of arrest with time, date; signature of
arrestee/family member/respectable person - Details shared with friend/relative
- Communication within 8-12 hours if relative outside area - Arrestee informed
of right to have relative informed - Entry in diary at police station - Medical
examination every 48 hours - Copy of all documents to arrestee’s relative -
Arrestee to be produced before magistrate within 24 hours - Person arrested not
to be subjected to torture - Non-compliance punishable by contempt of court and
departmental action
Law Commission 273rd Report (2017):
Recommendations: - Ratify UN Convention
Against Torture (UNCAT) - Enact Prevention of Torture Bill, 2017 - Amendment to
CrPC Section 357B: Compensation for torture victims - Amendment to Evidence
Act: Insert Section 114B - presumption that injuries in custody inflicted by
police; burden of proof on police - Stringent punishment up to life
imprisonment - Compensation policy considering nature, purpose, extent of
injury
Supreme Court Cases:
State of UP v. Ram Sagar Yadav (1985):
Burden of proof on police officer in custodial torture
Nambi Narayanan (2018): Severe
psychological impact of wrongful prosecution and custodial abuse
NHRC Guidelines: District Magistrate and
SP must report custodial torture within 24 hours to Secretary General
41. National Human
Rights Commission (NHRC)
Establishment: Protection of Human Rights Act, 1993
Composition: Chairperson (retired CJI), members (retired SC judge, retired HC
CJ, two persons with human rights knowledge)
Functions: - Inquire into violations (suo moto or on petition) - Intervene in
court proceedings - Visit jails and detention centers - Review constitutional
and legal safeguards - Recommend measures for protection - Promote human rights
literacy and awareness - Study treaties and recommend implementation
Powers: - Investigation powers of civil court - Can recommend compensation
- Cannot investigate complaints older than one year - Limited jurisdiction over
armed forces (requires government sanction)
Limitations: Non-binding recommendations, no prosecution powers, dependent on
government cooperation
Significance: Statutory body for protection and promotion; quasi-judicial
functions; bridge between citizens and State
45. Custodial
Violence and Legal Safeguards
(See
answer to Question 40 - comprehensive coverage of DK Basu Guidelines, Law
Commission recommendations, and legal framework)
Additional Safeguards:
Judicial Custody vs Police Custody:
Magistrate must record reasons for police custody
Medical Examination: Mandatory within 24
hours and every 48 hours thereafter
Legal Aid: Free legal services to
accused
Magistrate Oversight: Production before
magistrate within 24 hours (Article 22)
Right to Silence: Protection against
self-incrimination (Article 20(3))
Compensation: Supreme Court has awarded
compensation in various custodial death cases
PART X: MINORITY
RIGHTS AND EDUCATIONAL RIGHTS
39. Minority
Rights in Indian Constitutional Law
Definition: Article 30 - religious and
linguistic minorities
Rights:
Article 29: Protect language, script,
culture; no denial of admission to state/aided institutions on grounds of
religion, race, caste, language
Article 30: Establish and administer
educational institutions of choice
Article 25-28: Freedom of religion
Article 350A: Primary education in
mother tongue
Article 350B: Special Officer for
Linguistic Minorities
Determination: By demography of State,
not country as whole (TMA Pai Foundation)
Protection: Article 13 - any law
violating fundamental rights void to that extent
Significance: Preserve unique culture,
language, religious identity; prevent majoritarian domination; equal
participation in national life
49. Educational Rights
of Minorities
Article
30(1): “All minorities, whether based on religion
or language, shall have the right to establish and administer educational
institutions of their choice”
Article
30(2): State shall not discriminate against
minority institutions in granting aid
Key
Principles:
Right
to Establish: Create institutions of choice
Right
to Administer: Management autonomy
No
Discrimination in Aid: Equal treatment in financial
assistance
Affiliation: Must be available if conditions fulfilled (St. Xavier’s
College, 1974)
Admission: Can admit non-minority students but not to extent of losing
minority status (Kerala Education Bill, 1958 - “sprinkling” of outsiders
permissible)
Regulation: Subject to reasonable regulations for maintaining educational
standards
Parental
Right: Education of children in institutions of
choice
Supreme
Court Rulings:
TMA
Pai Foundation (2002): Minority determined by state
demography; right to admit students; professional courses regulations
PA
Inamdar (2005): Affiliation and recognition must be
available
Malankara
Syrian Catholic College (2007): Rights ensure
equality with majority, not advantageous position
Significance: Preserve cultural identity through education; autonomy in
management; constitutional safeguard against legislative encroachment
PART XI: UNITED NATIONS AND INTERNATIONAL MECHANISMS
43. UN Principal
Organs and Human Rights
Six
Principal Organs (UN Charter):
1.
General Assembly (UNGA): - Main deliberative,
policymaking, representative organ - 193 Member States - universal
representation - One country = one vote - Functions: Consider human rights
issues, elect UNSC non-permanent members, approve budget, develop international
law - Third Committee focuses on social, humanitarian, cultural issues
including human rights - Adopts resolutions on human rights (e.g., UDHR 1948)
2.
Security Council (UNSC): - Primary responsibility
for international peace and security - 15 Members (5 permanent with veto: USA,
UK, France, Russia, China; 10 non-permanent) - Human rights role: Peace and
security linked to human rights; can impose sanctions for violations; referrals
to ICC - Peacekeeping operations include human rights components
3.
Economic and Social Council (ECOSOC): - Coordinates
economic and social work - 54 members - Human Rights Council reports to ECOSOC
and UNGA - Promotes human rights through sustainable development
4.
International Court of Justice (ICJ): - Principal
judicial organ - The Hague, Netherlands - Settles disputes between states -
Advisory opinions on legal questions - Genocide Convention enforcement
5.
UN Secretariat: - Administrative organ -
Secretary-General is chief administrative officer - Office of High Commissioner
for Human Rights (OHCHR) under Secretariat - Implements human rights programs
6.
Trusteeship Council: - Suspended operations 1994
(all trust territories independent) - Oversaw decolonization
Human
Rights Council (not principal organ but subsidiary
of UNGA): - 47 members elected by UNGA - Universal Periodic Review of all
countries - Special Rapporteurs on thematic issues
44. Remedies
Against Human Rights Violations
Constitutional Remedies (India):
Article 32: Right to Constitutional
Remedies - “Heart and Soul of Constitution” - Direct approach to Supreme Court
- Writs: Habeas Corpus (illegal detention), Mandamus (compel public duty),
Certiorari (quash orders), Prohibition (prevent lower court), Quo Warranto
(challenge office holding)
Article 226: High Courts can issue writs
for fundamental rights and other purposes
Compensation: Courts award compensation
for violations (Rudul Shah, Nilabati Behera cases)
National Mechanisms:
National Human Rights Commission:
Inquiry and recommendations
State Human Rights Commissions:
State-level violations
National Commission for Women:
Gender-based violations
National Commission for SCs/STs:
Caste-based discrimination
National Commission for Minorities:
Minority rights violations
Ombudsman (Lokpal/Lokayukta): Corruption
and maladministration
International Mechanisms:
UN Human Rights Council: Universal
Periodic Review, complaints procedure
Treaty Bodies: ICCPR Committee, ICESCR
Committee, CEDAW, CRC - individual complaints if optional protocol ratified
Special Procedures: Special Rapporteurs,
Independent Experts
Regional Courts: European Court of Human
Rights, Inter-American Court (India not party to regional mechanism)
International Criminal Court: Genocide,
war crimes, crimes against humanity
Diplomatic Channels: Representations
through embassies
Civil Society: NGOs documentation,
advocacy, litigation, international pressure
46. UDHR - Global Roadmap
Adoption: December 10, 1948
Significance as
Roadmap:
Universal
Standards: First global expression of rights
inherent to all human beings
Comprehensive
Coverage: 30 articles covering civil, political,
economic, social, cultural rights
Foundation for
Treaties: Inspired legally binding ICCPR and ICESCR
(1966) - together called “International Bill of Human Rights”
Constitutional
Influence: Incorporated into 90+ national
constitutions worldwide
Customary
International Law: Many provisions now considered
binding as customary law
Normative
Framework: Sets aspirational goals for all nations
Key Principles: - Universality - applicable to all people everywhere -
Indivisibility - all rights interconnected - Inalienability - cannot be taken
away - Equality and non-discrimination
30 Articles
Summary: - Articles 1-2: Foundation (dignity,
equality, non-discrimination) - Articles 3-21: Civil and political rights -
Articles 22-27: Economic, social, cultural rights - Articles 28-30: Framework
and limitations
Impact: Reference point for human rights advocacy globally; moral
authority even without legal binding force
47. Impact of UDHR
on Indian Constitution
Temporal
Alignment: Indian Constitution adopted November 26,
1949 (UDHR December 10, 1948)
Correspondence:
|
UDHR
Article |
Indian
Constitution Provision |
|
Article
1 (Dignity, Equality) |
Article
14 (Equality), Preamble (Dignity) |
|
Article
2 (Non-discrimination) |
Article
15 (Prohibition of discrimination) |
|
Article
3 (Life, Liberty, Security) |
Article
21 (Life and personal liberty) |
|
Article
4 (No slavery) |
Article
23 (Prohibition of trafficking, forced labor) |
|
Article
7 (Equal protection) |
Article
14 (Equality before law) |
|
Article
9 (No arbitrary arrest) |
Article
22 (Protection against arrest) |
|
Article
13 (Freedom of movement) |
Article
19(1)(d), (e) (Movement, residence) |
|
Article
18 (Freedom of conscience) |
Article
25 (Freedom of religion) |
|
Article
19 (Freedom of expression) |
Article
19(1)(a) (Freedom of speech) |
|
Article
20 (Freedom of assembly) |
Article
19(1)(b) (Assembly) |
|
Article
21 (Right to participate) |
Article
326 (Universal adult franchise) |
|
Article
23 (Right to work) |
Article
41 DPSP (Work) |
|
Article
25 (Adequate living) |
Article
39 DPSP (Livelihood) |
|
Article
26 (Right to education) |
Article
21A (Education 6-14 years) |
Indian
Constitution’s Unique Features Beyond UDHR: -
Directive Principles of State Policy - Reservation for SCs/STs - Abolition of
untouchability (Article 17) - Abolition of titles (Article 18)
Mutual
Influence: Both products of post-WWII human rights
consciousness; Indian representatives (Hansa Mehta) contributed to UDHR
drafting
48. Amnesty International
Founded: 1961 by British lawyer Peter Benenson
Mission: Campaign for world where every person enjoys all human rights
enshrined in UDHR and international standards
Focus Areas: - Prisoners of conscience - Abolition of death penalty - Ending
torture - Women’s rights - Refugee rights - Corporate accountability
Methods: Research and documentation, public campaigns, lobbying
governments, legal interventions, human rights education
Amnesty
International India:
History: Office first in Bihar 1966
Work: Torture, prisoners of conscience, abusive laws, women’s rights,
corporate accountability, Kashmir violations
Current Status: Operations halted in India since September 2020
Global Impact: Campaigns have freed numerous prisoners of conscience, documented
human rights violations worldwide
Significance: Independent voice on human rights; holds governments accountable;
mobilizes public opinion
PART XII: ADDITIONAL
IMPORTANT TOPICS
15. Human Rights
of Tribal Communities in India
Constitutional Safeguards: - Article
15(4): Special provisions for SCs/STs - Article 46: Promote educational and
economic interests - Fifth Schedule: Administration of Scheduled Areas (Central
India) - Sixth Schedule: Autonomous districts in Northeast - Article 244:
Special provisions for tribal areas - Article 342: Presidential power to
specify Scheduled Tribes
Rights: - Forest Rights Act, 2006:
Community forest resource rights - PESA Act, 1996: Self-governance in Scheduled
Areas - Protection from land alienation - Cultural rights preservation
Challenges: Displacement from
development projects, land grab, forest rights denial, educational
backwardness, exploitation, forced assimilation, impact of AFSPA in Northeast
Supreme Court Interventions: Samatha v.
State of AP (1997) - prevented land transfer; Niyamgiri case - protected
religious rights
17. Human Rights
of Refugees in Indian Law
India’s Position: NOT signatory to 1951
Refugee Convention or 1967 Protocol
Constitutional Protection: - Article 21
extends to refugees (right to life) - National Human Rights Commission v. State
of Arunachal Pradesh - Right to livelihood - Protection against refoulement
(non-return to danger) - Access to courts under Articles 32/226
Challenges: No comprehensive refugee
law; ad-hoc policy; limited rights (no work permits in many cases); detention;
risk of deportation
19.
International Conventions and Indian Constitutional Law
India’s Approach: Dualist - treaties
need legislative incorporation
Article 51(c): State shall endeavor to
respect international law and treaty obligations
Article 253: Parliament can make laws to
implement international agreements
Signed but Not Ratified: - UN Convention
Against Torture (UNCAT)
Ratified: - ICCPR (1979) - ICESCR (1979)
- CEDAW - Convention on Elimination of All Forms of Discrimination Against
Women (1993) - CRC - Convention on Rights of the Child (1992) - CERD -
Convention on Elimination of Racial Discrimination (1968)
Supreme Court Approach: If domestic law
silent/ambiguous, international law can guide interpretation (Vishaka
Guidelines); if conflict, domestic law prevails (Gramophone case)
20. Law
Commission of India - Addressing Torture
273rd Report (October 2017):
Implementation of UNCAT through Legislation
Key Recommendations:
1. Ratification of UNCAT: Urged
government to ratify 1984 UN Convention Against Torture
2. Prevention of Torture Bill, 2017
(Draft): - Wide definition of torture including physical, mental, psychological
injury - Punishment: Up to life imprisonment and fine - Public servants with
consent/acquiescence also liable - Protection for victims, complainants,
witnesses
3. Amendment to Criminal Procedure Code:
- Section 357B: Compensation for torture victims - Courts determine
compensation based on nature, purpose, extent of injury, socio-economic
background
4. Amendment to Evidence Act: - Insert
Section 114B: Presumption that injuries in custody inflicted by police - Burden
of proof on police to explain injuries
5. Sovereign Immunity: Rejected -
government agents accountable
Status: Bill not enacted yet; government
has not ratified UNCAT despite accepting recommendation in Universal Periodic
Review 2017
Significance: Addresses impunity; shifts
burden of proof; recognizes international standards
22. Sexual Abuse
and Human Rights - Supreme Court Judgments
Vishaka v. State of Rajasthan (1997): -
Sexual harassment at workplace guidelines - Based on CEDAW obligations - Right
to work in safe environment part of Article 21 - Led to Sexual Harassment of
Women at Workplace Act, 2013
State of Punjab v. Gurmit Singh (1996):
- Rape is crime against basic human rights - Violates victim’s dignity and
privacy
Bodhisattwa Gautam v. Subhra Chakraborty (1996): - Rape is crime against basic human rights - Right to live with
dignity includes right not to be raped
Independent Thought v. Union of India (2017): - Exception 2 to Section 375 IPC (marital rape exception for 15-18
years) unconstitutional - Girl child’s body autonomy and dignity paramount
Sakshi v. Union of India (2004): -
Expanded definition of rape to include all forms of penetration - Led to
Criminal Law Amendment 2013
26. Evolution of
Human Rights - Nature and Development
Historical Evolution:
Ancient Period: Concepts in Hammurabi
Code, Ten Commandments, Hindu scriptures (Dharma), Buddhist principles (Ahimsa)
Classical Period: Greek democracy, Roman
law (natural law)
Medieval Period: Magna Carta (1215),
Habeas Corpus
Enlightenment: Natural rights theory -
Locke, Rousseau, Montesquieu
18th-19th Century: American Declaration
of Independence (1776), French Declaration of Rights of Man (1789)
20th Century: - Post-WWI: League of
Nations, ILO - Post-WWII: UN Charter (1945), UDHR (1948) - 1960s-70s:
Decolonization, civil rights movements - International Covenants (1966)
Nature: - Universal - apply to all -
Inalienable - cannot be taken away - Indivisible - all rights interdependent -
Inherent - by virtue of being human
Generations: - First Generation: Civil
and political (liberty) - Second Generation: Economic, social, cultural
(equality) - Third Generation: Collective rights (solidarity) - development,
peace, environment
29. UDHR - Scheme
Addressed to Individuals
Individual Focus:
Article 1: “All human beings are born
free and equal in dignity and rights”
Rights Vested in Individuals: - Personal
liberty (Article 3) - Freedom from slavery (Article 4) - Freedom from torture
(Article 5) - Recognition before law (Article 6) - Equal protection (Article 7)
- Rights holder is individual person
Individual Responsibilities: Article
29(1) - “Everyone has duties to the community”
Not State-Centric: Rights belong to
individuals, not states; states are duty-bearers
Universal Application: Regardless of
nationality, status, citizenship
Empowerment: Individuals can claim
rights; NGOs can advocate
Limitation: Article 29(2) - rights
subject to limitations for rights of others, morality, public order, general
welfare in democratic society
30. Declaration
on Right to Development 1987 - India
(See
comprehensive answer in Question 8 above)
Additional India Context:
Judicial Recognition: - Article 21
interpreted to include development aspects - Right to livelihood integral to
right to life - Environmental jurisprudence linked to development
Policy Framework: - Five Year Plans (now
NITI Aayog) - Sustainable Development Goals adopted - Rights-based approach to
development
Challenges: Balancing development with
environmental protection, displacement issues, inequality in development
benefits
31. Legal
Profession in India and Human Rights
Role: - Legal aid to marginalized - Pro
bono services - Public Interest Litigation - Human rights advocacy - Legal
awareness
Bar Council of India: Regulates legal
profession; Rule 49 - lawyers should not refuse cases based on client’s
identity
Legal Services Authorities Act, 1987:
Free legal aid to poor, SC/ST, women, children, disabled
Challenges: Access to justice barriers, delay in justice, high costs
Professional Ethics: Duty to defend even
unpopular causes; uphold rule of law
33. Human Rights
of Indigenous People - Legal Framework
International: - UN Declaration on
Rights of Indigenous Peoples (UNDRIP) 2007 - India endorsed - ILO Convention
169 (India not ratified)
India: - Constitutional provisions
(Fifth and Sixth Schedules) - Forest Rights Act, 2006 - PESA Act, 1996 -
Article 371 - Special provisions for Northeastern states
Rights: - Self-determination - Land and
resource rights - Cultural rights - Free, Prior, and Informed Consent (FPIC)
for development projects
Challenges: Implementation gap,
violations of FPIC, displacement, cultural erosion, denial of forest rights
38. Protection
of Women’s Human Rights (Part 1)
Constitutional Provisions: - Article 14:
Equality - Article 15(3): Special provisions for women and children - Article
16: Equal opportunity - Article 39(a): Equal livelihood - Article 39(d): Equal
pay for equal work - Article 42: Maternity relief
Legislative Framework: - Dowry
Prohibition Act, 1961 - Medical Termination of Pregnancy Act, 1971 - Equal
Remuneration Act, 1976 - Immoral Traffic Prevention Act, 1986 - Pre-Conception
and Pre-Natal Diagnostic Techniques Act, 1994 - Protection of Women from
Domestic Violence Act, 2005 - Sexual Harassment of Women at Workplace Act, 2013
- Criminal Law Amendment Act, 2013 (Nirbhaya Act)
Challenges: Gender-based violence, dowry
deaths, sex-selective abortion, workplace harassment, unequal pay,
representation gaps
Institutional Mechanisms: National
Commission for Women, State Women Commissions, Women Helpline (181), One Stop
Centres
EXAMINATION TIPS
FOR SYSTEMATIC STUDY
1.
Topic Clustering: Study related topics together
(e.g., all PIL cases together, all gender justice cases together)
2.
Case Law Focus: Memorize case names, years, key
holdings, significance
3.
Article Numbers: Remember exact constitutional
article numbers and their provisions
4.
Timelines: Note years of enactment, ratification,
judgments for chronological questions
5.
Comparative Analysis: Understand FRs vs DPSPs,
India vs international law, Western vs Non-Western approaches
6.
Current Relevance: Link historical developments to
contemporary issues
7.
Critical Analysis: Don’t just memorize - understand
limitations, criticisms, evolution
8.
Answer Structure: Introduction → Provisions/Facts →
Analysis → Case Laws → Significance/Conclusion
9.
Diagrams/Tables: Use for comparisons (UDHR vs
Indian Constitution, ICCPR vs ICESCR)
10.
Revision Strategy: Daily revision of 10 topics;
weekly comprehensive review
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