1.

With the development of human rights around the world, there is new order of
government in various forms. And there have a constant debate among them as to
whether religion dilutes human rights? And what are different models of state and
where is religion placed in it?

a. Type 1 countries: (Model 1): These are religious state that are governed by divine
law. The religion here is a guiding light, from running the government to how it
will affect the individual rights of the people.
Example: We have the example of two Buddhist State i.e. Bhutan and Sri lanka,
but the actual problem lies in countries like Saudi Arabia, in re to women rights,
labor rights etc.
How these states have chosen to tackle the human rights issues like
homosexuality, LGBTQIA, women, w.r.t. to other important issues such as
international conventions on CEDAW, Child Rights, Inheritance, Civil & Political
Rights.
The principle of governance in these countries are based on religious text
followed by majority religion of states and these are the examples, where we can
say that religion is barrier to human rights mechanisms.
b. Type 2 countries: (Model 2): Here state doesn’t have any official religion and
works on the principle of economic wellness. The major example that can be
thought of all the communist states like USSR, China, etc. The governance model
in these states are based on the principle of economic wellness and still we can
see the decline of various governments and rise of governments on the religious
lines.
Example: Iran, Bangladesh, Pakistan justified the change of government on
religious lines, USSR disintegration led to rise in Christianity and Islam in various
states. Rise of religion in Afghanistan after soviet occupancy, Nigeria.
China and Indonesia are two examples left of this type of model countries.
c. Type 3 countries: (Model 3): Here the state is of secular nature but provides
religious rights through its constitution. Example: India and the Art. 25,26,29,30
of the Indian Constitution. The state role is present here in religious field but in
very limited sense.
 This is an ideal state, where the religious morality is respected and makes way to
constitutional morality and vice versa. This can be scene in various treaties being
signed by India and still not been acted upon because it goes against religion
(example: mandatory registration of marriages, Child marriage is still not
eradicated).
Although, the problem that persist here is that the actual problem in re to civil
rights, that isn’t easy to get rid of and neither state pursues it strongly.

Earlier, religion used to contradict and negate human rights, but now the religion has
been turning itself into a radiant light of hope in spreading human rights among
various jurisdiction, religious justification have been sought to bring out the new
color in human rights.
Example 1: Truth and reconciliation commission in SA, (1992), on apartheid. This
commission said that their religion is not in line with the practice of apartheid and
this led to drastic change in the act of apartheid. It was shown here, if religion works
and is to be read together with human rights, then the religion can enhance human
rights.
Example 2: Religion as tool being used to help refugees in various refugee camps,
even the African massive movement is an example, where state fails its duty of
protecting basic human rights in these religious camps, various religious
organizations are stepping in.
Example 3: Concept of Siyasa Shar Ivay, where a Muslim male wants to marry twice,
needs permission from state to do that, this religion backed concept in middle
eastern countries are in line with human rights of women.

There are various model of states going around, one on the line of economic
principle, other on the line of religious principle and lastly on the line of secular
principle respecting every religion. Irrespective of all these models religions in
amalgamation with human rights have been best suited to protect, justify and
spread human rights.
2. A. There are various advantages associated with regional human rights mechanisms,
firstly, the regional stability (conflicts in one country may destabilize other countries
in same region, (ex: Arab Spring)) gives strong reason to protect & promote human
rights. Secondly, regional human rights mechanism can accommodate similar
political and cultural histories of many countries within the region. These are the
reasons due to which, it has been encouraged that regional human rights mechanism
should be incorporated, which led to establishment of various regional mechanism.
(I) The European Human Rights System: The first regional arrangements for the
protection of human rights was in Europe. In the wake of World War 2 and
the council of Europe was set up, with the primary function of bringing
European nations together to promote rule of law & human rights. In
bringing the regional level of penetration of human rights through binding
conventions, they had their biggest contribution in the field of human rights.
“The European Convention for the Protection of Human Rights and
Fundamental Freedoms” (ECHR) brought an effective framework for
promotion and protection of human rights in the region. The concept given
by the European Human Rights system to the other regional systems is
adhesive integration as such that they share sovereignty in area of human
rights.
(II) Inter-American regional Human Right System: without having that much
effective result as European regional system, the American system has also
evolved in jurisprudential perspective. The system had non-binding
declaration among them on the Rights and Duties of man and a binding
regional treaty, “American Convention on Human Rights”, that sets up an
Inter-American Court of HR. This framework led to the cases against
government on the lines of human rights, although the implementational
value of these judgements have very slow or negligible compliance. The
recognition of human rights under this framework is well but it lacks
compliance and enforcement.
(III) The African H. Rights System: the regional framework for human rights in
African continent starts with the adoption of “African Charter on Humans &
People’s Rights, by Organization of African Unity (OAU). OAU later disbanded
 and replaced by AU (African Union), monitors the regional system for HR. The
charter was different from other regional human rights treaties, as it tries to
inculcate the regional aspect of rights and duties (recognizes collective rights
also). This shows as that cultural similarity leads to reciprocal relation
between individual and collective rights.
These regional human rights system and enhanced cohesiveness among the regions
by sharing sovereignty among themselves in re to Human Rights and in furtherance
they also upheld cultural integration in their process to secure human rights. The
only problem persist is the in-effective implementation and sanction on the cases of
human rights violation.

2 . B. There have been a long pending urge by intra-national organizations like UN,
for the development of regional framework for human rights for Asia Pacific. Still,
the region lacks any human rights convention/treaty, no organizational structure like
in other regional HR system. There are many reason working for not having a
regional human rights system, like unwillingness to share sovereignty, huge
variations in culture and political system.
Despite having these issues in forefront, there have been constant effort to push for
regional human right system by various human rights organizations. The various
efforts are described below:
(a) 15 Works shop by the office of HRC to discuss the possibility for the regional
protection and promotion of HR, whereas nations in opposition to this wants to
work on a more specific level i.e. Nation. In addition these workshop, rather
started working on promotion of HR than working for promotion of Human
Rights by regional integration, completely missing the point of regional
mechanism.
(b) Further, the strategy recommended by one of the UN’s high commissioner
endorsed a more specific approach that regional mechanism. He suggested to
have a sub-regional approach as to reduced cultural, political, & geographical
diversity would enable states to agree on common contents of HR & regional
mechanism for its enforcement. The example of sub-regional approach can very
explicitly be found in ASEAN association and their charter.
 (c) This sub-regional approach found a little success in the Model of ASEAN, where
the countries under this mechanism ratified a charter that identifies “protection
& promotion of human rights”. The charter, however fails to have regional
consensus to have an enforcement mechanism in under the ratified charter.
3. A. The common problem of rising violence against minority from majority in various
nations have led to large scale refugee crisis and statelessness. Whether it be
Rohingya from Myanmar or any other refugee crisis in different parts of world. The
problem with the issue of refugee is that, due to international border being
breached by mass people from one country to other. It brings various problems and
very solution to this can be one having international framework.
The United Nation High Commissioner for Refugees (UNHCR) an international
organization made specially to tackle the situation of refugee crisis across the globe.
The role of the UNHCR can very briefly be put from protection to repatriation of the
refugees. The basic difference between the refugee and migration is that refugee
migrate because of statelessness and politically sanctioned violence is a cause of it.
The three domains on which the UNHCR works are (a) protection (b) assistance by
providing material &, (c) providing solutions to refugee crisis by forging international
alliance to deal the issue.
The UNHCR mandate to fulfill its protection mechanism:
(I) Temporary Solution by finding a new place for stay: Different countries
doesn’t want their resources to be overburdened, thus they avoid refugees
from entering their country. Therefore, the UNHCR tries to convince the
Nations to accommodate refugees temporarily until the condition in their
home country or any other solution is found.
(II) Resettlement: UNHCR doesn’t forces the refugee crisis on any third country,
rather it also sees to the conditionalities and problems associated with
settling. The UNHCR, while doing so tries to manage both the interest of the
refugees and the country. It also have elucidated a brief guidelines to protect
refugee population, like physical & medical condition etc. while doing so, it
provides relief material in form of settlement.
(III) Repatriation: The arrangement of sending back the refugee to their home
state, once the situation becomes normal. In order to manage the situation
 back in the home state, it helps to lobby international player and further also
works in making logistical arrangements in sending refugee back.
(IV) Local Assimilation: Stable statement is desirable, as the refugee in third
country doesn’t face the same fate as they were facing in their own country.
For this, it becomes very important that the local population of the host
nation, accepts and assimilate the refugees. In addition to this, the burden of
refugee always fall upon the citizen of the host country, therefore this step
has its own importance.
(V) Protective Zoning: Inter-country travels majorly happens through those
countries sharing land borders. The problem with land borders is that they
are of porous nature, due to which the unwarranted flow of refugees aren’t
checked. Therefore, it is suggestive of making temporary relief camps on
these porous borders, until a robust and effective solution isn’t in picture.
This Protective Zoning helps both ways for the Refugees and Host Country.
(VI) Rights & Duties of Nation States: The UNHCR has laid down guidelines
consisting Rights & Duties of nations encountering refugee crisis. This rights &
duties of the nation states brings the effective willingness among nation to
share the burden of the crisis among them more effectively.

By these mechanism, the UNHCR have tried to protect the interest of refugees and
enabled a pro-active environment among various nation to act in a better manner as
host country.

3 . B. India being home to a large population of refugee, still haven’t signed refugee
convention or any refugee protocol. Indian government haven’t signed the refugee
convention because Indian govt. believes that it can’t handle the pressure of huge
number of people seeking shelter. In addition it also believes that it might damage
the very socio-economic balance of the country. Although the Indian government
claims that their policy concerning refugee are in line with International norms.
India believes that the refugee convention places an uneven burden on the host
state, whereas the international community believes opposite to it, that signing of
convention also brings the sharing of burden by pooling of international resources
 for the refugee living the country, however inactiveness among international
community nullifies this argument.

The problem intensifies, that the even after claims of having domestically effective
law to protect refugees, is ineffective:
(a) There is no definition of refugees under domestic law to deal the refugee crisis,
rather the law under the heading foreigner registration act, 1939 defines
foreigners. The definition is very limited and restrictive in nature in comparison
to international definition of refugee.
(b) The Act, further provides the government with the power of restricting the
movement inside India, to mandate medical examination, to limit employment
means, and to control the ability to refoul, return refugees. These powers aren’t
provided in refugee convention and have an implied bar on them.
(c) In violation of Art 3 of refugee convention, Indian government has power to
refoul the refugee from entering the country in violation of technical criteria’s,
such as possession of passport.
The refoulement policy of the government of India, vitiates not only refugee
convention, but also customary international law. In the absence of a framework as
per the satisfaction of international community and customary international law, the
Supreme Court of India in is various judgement have defined the Principle of
Refoulement by recognizing the rights of refugee under Art. 21.

4. A
5. (1) Unprovoked Killings of Civilian by Military: NHRC as per S. 19 have been given
power to investigate the case of human rights violation by the armed forces. The
Commission can initiate the proceeding on case of HR violation on its own (suo
moto), on a petition by the victim or on their behalf. In furtherance of it, NHRC can
seek report from the Central Governments respective ministry.
On receiving the complaint, it has the discretion to proceed with the complaint and
recommend the Central Government in re to the alleged violation of Human Rights.
The Central Government has the duty to inform NHRC as to measures taken by the
government within 3 months. The NHRC has no investigative powers and acts only
as advisory body.
(2) Caste based discrimination related violence: The NHRC as per S. 12 can take suo
moto cognizance or can act on the complaint raised by the victim. The NHRC further
has powers to be involved in the court proceeding for the violation of HR cases, with
prior permission of the Court. The commission in this case will have the power of a
civil court as per S. 13, this provision enables the commission to conduct inquiry,
collect evidence, issue summons etc. As per S. 14 , the commission has the
investigation agency i.e. CBI to conduct on spot inquiry on behalf of the commission.

(3) Targeted Communal Violence Simultaneous across the country: The NHRC, in the
case of such incidents can take cognizance suo moto here. The NHRC further can
direct the investigation agency conduct due investigation. The scope of investigation
is so wide, that it takes the account into failure of state machinery also, and the
violation of human rights leading from it. The only issue is that the NHRC can only
recommend action to the respective governments to which the government have to
notify the commission of the action taken by them in 3 months.

(4) Forcible Grabbing of Adivasi land for coal mining and resulting killings of
protesting Adivasi: The standard operating procedure of taking suo moto cognizance
gets affected with the minimal media attention to these types of cases. The NHRC
with the limited staff and ad-hoc forces has very wide ambit of covering the large
area of the country addressing specific HR violation cases. The commission in these
cases, have laid down guidelines making it mandatory for the police authorities to
report such cases to commission within the span of 24 Hrs.
The commission further considers these area to be an occasional place for grave HR
violation, so the commission in order to act on these issues appoints a special
rapporteur, investigation team to proceed in quick bound manner, taking
statements, collecting local police station report.
NHRC resolves the matters by listening to cases and for this matter it further
establishes divisional bench for effective and quick resolve
 (5) The NHRC takes a pro active measure in these cases, it has already placed various
intelligence wings to curtail these type of offences. Being a sensitive case, the
commission acts discretely in assessing the source of the complaint, and identifies
the complainant to address the. Situation accordingly. (ex: its own tied up
organization, NGO’s working in the field, directly victim or their family).
After this process, the commission works on the rescue process by getting help
various government investigating organs, like for in transit crimes: CBI, whereas, for
non-transit- state-police. The rescue process follows with detailed investigation
assistance and pro-active participation in trials.
The commission thus takes the role to repatriate, rehabilitate, the victim and works
on prevention of the trafficking by maintaining accountability through publishing
reports, maintaining database, sharing responsibilities and creating awareness on
the issue.

5 . B. The development of human rights law has always been in