Unit Iv English

UNIT IV
Human Rights and the Constitution of India

What are the Human Rights guaranteed and Protected under the Constitution of India?
Discuss
Synopsis:-
1. Introduction
2. Human Rights under Indian Constitution
1 Human Rights in Preamble
2 Human Rights in Fundamental Rights
3 Human Rights in Directive Principles of State Policy
4 Human Rights in Fundamental Duties
3. Conclusion
1. Introduction
The Constitution of India was adopted on 26 November 1949, some provisions came into force
immediately and the remaining provisions of it came into force on 26 January 1950. India has
a written Constitution and it is the fundamental law of the land. It’s originally consisted 395
articles 8 Schedules and 22 Parts but present above 446 Article 26 Parts 12 Schedules and
present total 101 Amendment acts there. So Indian Constitution Lengthiest and Longest
Constitution in the World. The Constitution of India is itself an evident for the providing
protecting and promoting the Human Rights. India is also a member state to the UDHR, ICCPR
and ICESCR therefore it is the duty of India to implement the all rights recognized UDHR,
ICCPR and ICESCR.
2. Rights under Indian Constitution

The rights recognized under Indian Constitution are discussed under the following headings
1 Human Rights in Preamble

The preamble outlines the basic structure of the constitution and sets out the aims and aspiration
of the people that have been translated into various provisions of the constitution. The preamble
of the constitution also explains the nature of Indian constitution and that states it upholds the
dignity and rights of the people. The preamble reads like this:
We, the people of India, having solemnly resolved to constitute India into a sovereign, socialist,
secular, democratic republic and to secure its all citizens:
Justice, Social economic and political;
Liberty of thought, expression, belief, faith and worship;
Equality of status and of opportunity and to promote among them all
Fraternity assuring the dignity of individuals and the unity and integrity of the nation.
In our Constituent Assembly this twenty sixth day of November, 1949, do hereby adopt, enact
and to give to ourselves this constitution.
In the preamble we can see it declares supremacy and sovereignty of the people and establishes
a democratic, secular, socialistic republic. The constitution ensures justice for all .It provides
liberty, equality and protecting the dignity of the people. Equality of status and opportunity is
secured by abolishing all kinds of discrimination. The preamble also promises that all
individuals have dignity, which is an important human right, and there is no high or low
individual. It promise fraternity, which is very necessary for a peaceful prosperous social life.
Thus the preamble itself is the basic root of all rights and justice.
2 Human Rights in Fundamental Rights
Part III of the Indian Constitution provide the Fundamental Rights from article 12 to 35 to all
citizens of the country. The only difference between the Fundamental Rights and Human
Rights is all Fundamental Rights are Human Rights but all Human Rights are not Fundamental
Rights. Fundamental Rights enshrines Civil and Political rights which are part of the human
rights. The Supreme Court of India recognizes these fundamental rights as ’Natural Rights’ or
’Human Rights’. While referring to the fundamental rights contained in Part III of the
Constitution, Sikri the then Chief Justice of the Supreme Court, in keshavananda Bharati v.
State of kerala,”observed, ”I am unable to hold these provisions to show that rights are not
natural or inalienable rights. As a matter of fact India was a party to the Universal Declaration
of Rights . . . and that Declaration describes some fundamental rights as inalienable.” The Chief
Justice Patanjali Shastri in State of West Bengal v. Subodh Gopal Bose observed referred to
fundamental rights as those great and basic rights, which are recognized and guaranteed as the
natural rights inherent in the status of a citizen of a free country.
There are Six Categories of Fundamental Rights. They are;
1. Right to Equality (Articles 14 to 18)
 Equality Before Law and Equal Protection of Law.( Art .14)
 Prohibition of Discrimination on Grounds of Religion Caste etc. (Art. 15)
 Equality of Opportunity to Employment. (Art.16)
 Abolition of Untouchability. (Art. 17)
2. Right to Freedom (Articles 19 to 22)
 Freedom of Speech and Expression
 Freedom to Assemble Peacefully
 Freedom to form Association and Union
 Freedom to Move Anywhere in India
 Freedom to Settle in any Part of the Country
 Freedom to do Any Job or Profession
 Protection in Respect of Conviction for Offences (Art.20)
 Right to Life and Personal Liberty, Art. 21
 Right to Education Art 21A
 Protection Against Arrest and Detention in Certain Cases (Art.22)
3. Right against Exploitation (Articles 23 to 24)
 Prohibition of Traffic in Human Beings and Forced Labour. (Art23)
 Prohibition of Employment of Children in Hazardous Employment. (Art24)
4. Right to Freedom of Religion (Articles 25 to 28)
 Freedom of Conscience and the Right to Profess Practice and Propagate Religion
(Art.25)
 Freedom to Manage Religious Affairs (Art. 26)
 Freedom of Payment of Taxes for Promotion of Any Particular Religion. (Art.27)
 Freedom as to Attendance at Religious Instruction in Certain Educational Institutions.
(Art 28)
5. Cultural and Educational Rights (Articles 29 to 30)
Protection of Language Script or Culture of Minorities (Art.29)
Right of Minorities to Establish and Administer Educational Institutions. (Art30)
6. Right to Constitutional Remedies (Art 32 to 35)
This is one of the most important rights in the constitution. Without this right the other right
may remain in words without proper enforcement. The right to constitutional remedies helps
us to enjoy the fundamental rights and can move to the court for the enforcement of the rights
though the writ petitions
3 Human Rights in Directive Principles of State Policy
DPSP enshrined in the part IV articles 36 to 51 of the Indian constitution. It sets out the ideals
and objectives related with social economic and cultural upliftment. The Directive Principles
of State Policy enshrines socio-economic rights which are part of the human rights. Our Indian
constitution given several Directive Principles of State Policy under articles 36 to 51 they are
1 Right to adequate means of livelihood.

2 Right to equal pay for equal work.
3 Right of children and the young to be protected against exploitation and to opportunities
for healthy development, consonant with freedom and dignity.
4 Equal justice and free legal aid.
5 Organization of village panchayats.
6 Right to work, to education and to public assistance in certain cases.
7 Provision for just and humane conditions of work and maternity leaves.
8 Living wage etc. for workers.
9 Participation of workers in management of industries.
10 Promotion of cooperative societies.
11 Uniform civil code for the citizens.
12 Provision for early childhood care and education to children below the age of six
years.
13 Promotion of education and economic interests of SC, ST, and other weaker sections.
14 Duty of the state to raise the level of nutrition and the standard of living and to
improve public health.
15 Organization of agriculture and animal husbandry.
16 Protection and improvement of environment and safeguarding of forests and wildlife.
17 Protection of monuments and places and objects of national importance.
18 Separation of judiciary from the executive.
19 Promotion of international peace and security.
4 Human Rights in Fundamental Duties
Rights and Duties are the two sides of the same coin. It is also essential to realize that, in return
for every right, the society expects the citizens to do certain things which are collectively
known as duties. Some such important duties have been incorporated in the Indian Constitution
also. The original Constitution enforced on 26th January, 1950 did not mention anything about
the duties of the citizen. It was expected that the citizens of free India would perform their
duties willingly. But things did not goes expected. Therefore, ten Fundamental Duties were
added in Part-IVA of the Constitution under Article 51-A in the year 1976 through the 42nd
Constitutional Amendment. However, whereas Fundamental Rights are justiciable, the
Fundamental Duties are non-justiciable. It means that the violation of fundamental
duties, i.e. the non-performance of these duties by citizens is not punishable.
The following ten duties have been listed in the Constitution of India:
(a) To abide by the Constitution and respect the National Flag and the National Anthem;
(b) To cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) To uphold and protect the sovereignty, unity and integrity of India;
(d) To defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all people of India
transcending religious, linguistic and regional or sectional diversities and to renounce practices
derogatory to the dignity of women;
(f) To value and preserve the rich heritage of our composite culture;
(g) To protect and improve the natural environment including forests, lakes, rivers and wild
life and to have compassion for living creatures;
(h) To develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) To safeguard public property and to abjure violence;
(j) To strive towards excellence in all spheres of individual and collective activity, so that the
nation constantly rises to higher levels of Endeavour and achievement."
(k) Who is a parent or guardian to provide opportunities for education to his child or as the case
may be ward between the ages of 6-14 years
3. Conclusion
Judiciary and Human Rights
1 The Role of the Supreme Court of India in Enforcing Human Rights
2 Explain the role of judiciary in Protecting Human Rights with decided cases
1. Introduction
2. Role of Judiciary in Protecting Human Rights in India
1 Right to Life
2 Right to Live with Human Dignity
3 Right to Livelihood
4 Right to Shelter
5 Right to Privacy
6 Right to Health and Medical Care
7 Right to Freedom of Religion
8 Right against exploitation
9 Right to Freedom of Speech and Expression
10 Right to Equality
11 Right to go abroad
12 Right against Sexual Harassment at Workplace
13 Right to Free Legal Aid & Right to Appeal
14 Right to Speedy Trial
15 Right to get Pollution Free Water and Air
16 Right to Write a Book
17 Right to Fair Trial
18 Right to Education
19 Right to Social Security and Protection of Family
20 Right against Honour Killing
21 Right to Clean Environment
22 Right to Know or Right to Be Informed
23 Right against Illegal Detention
24 Right against Handcuffing
25 Right against Solitary Confinement
26 Right against Custodial Violence
27 Right against Public Hanging
28 Right against Bar Fetters
29 Right to claim Compensation
3. Conclusion
1. Introduction
India has a single integrated system of Judiciary in the view of a single Constitution. The
judiciary in India acts as the custodian of the Indian Constitution and the protector of the
Fundamental Rights of an individual. The Indian Judicial System is one of the oldest legal
systems of the World. The local customs and religion majorly influenced the Indian legal
system. The judicial system in India is integrated and pyramidal in structure with the Supreme
Court at the top and the High Court and the other Subordinate Courts. The major contributions
of the judiciary to the Human Rights jurisprudence have been twofold: (1) the substantive
expansion of the concept of Human Rights under Article 21 of the Constitution, and (2) the
procedural innovation of Public Interest Litigation. The most significant of the Human Rights
is the exclusive right to Constitutional remedies under Articles 32 and 226 of the Constitution
of India. Those persons whose rights have been violated have right to directly approach the
High Courts and the Supreme Court for judicial rectification, redressal of grievances and
enforcement of Fundamental Rights.
2. Role of Judiciary in Protecting Human Rights
1. Right to Life.
In Sunil Batra v. Delhi Administration, the Supreme Court held that the “right to life”
included the right to lead a healthy life so as to enjoy all faculties of the human body in their
prime conditions. It would even include the right to protection of a person’s tradition, culture,
heritage and all that gives meaning to a man’s life. It includes the right to live in peace, to sleep
in peace and the right to repose and health.
2. Right to Live with Human Dignity

In Francis Coralie v. Union Territory of Delhi, in this case the Court observed that:
“The right to live includes the right to live with human dignity and all that goes along with it,
viz., the bare necessities of life such as adequate nutrition, clothing and shelter over the head
and facilities for reading writing and expressing oneself in diverse forms, freely moving about
and mixing and mingling with fellow human beings and must include the right to basic
necessities of life and also the right to carry on functions and activities as constitute the bare
minimum expression of human self.”
In Peoples Union for Democratic Rights v. Union of India in this case the Supreme Court
held that non-payment of minimum wages to the workers employed in various Asiad Projects
in Delhi was a denial to them of their right to live with basic human dignity and violation of
Article 21 of the Constitution.
3. Right to Livelihood
The Supreme Court in Olga Tellis v. Bombay Municipal Corporation held that the concept
of “right to life and personal liberty” guaranteed under Article 21 of the Constitution includes
the “right to live with dignity” which in turn includes right to livelihood.
4. Right to Shelter
In Chameli Singh v. State of U.P, a Bench of three Judges of Supreme Court had considered
and held that the right to shelter is a fundamental right available to every citizen and it was read
into Article 21 of the Constitution of India as encompassing within its ambit, the right to shelter
to make the right to life more meaningful. In U.P. Avas Vikas Parishad v. Friends Coop.
Housing Society Limited the right to shelter has been held to be a fundamental right which
springs from the right to residence secured in article 19(1)(e) and the right to life guaranteed
by article 21. To make the right meaningful to the poor, the state has to provide facilities and
opportunities to build houses
5. Right to Privacy
In R. Rajagopalan v. State of Tamil Nadu the right to privacy of citizens was dealt with by
the Supreme Court in the following terms: “the right to privacy is implicit in the right to life
and liberty guaranteed to the citizens of this country by Article 21. It is a ‘right to be let alone’.
A citizen has a right to safeguard the privacy of his own, his family, marriage, procreation,
motherhood, childbearing and education among other matters.”
6. Right to Health and Medical Care

Art. 21 as well as Directive principles of State policy (Art. 46 and 47 of Indian Constitution)
obligates State to preserve the life of person. In a landmark decision of Parmanand Katara v
Union Of India the Supreme Court held that in medico legal cases preservation of life is of
paramount importance therefore it is the primary duty of doctor to give immediate aid to the
victims either he is a criminal or innocent person and shall not wait for the completion of legal
formalities. Similarly in P B K Mazdoor Samiti v State of West Bengal the Supreme Court
awarded compensation to the victims aggrieved by the services not provided by the government
hospitals.
7. Right to Freedom of Religion
In S.R.Bommai v/s Union of India and Aruna Roy v/s Union of India in these case the
Supreme Court held that India is a secular state it treats all religion equally without any
discrimination
8. Right against exploitation
In peoples union for Democratic Rights v/s Union of India in this case the Supreme Court
held that traffic in Human beings and Forced Labour Prohibits under article 23 of the Indian
Constitution
9. Right to Freedom of Speech and Expression
In Ramesh Thapper v/s State of Madras in this case the court held that Article 19(1) (a) of
the Indian constitution provided freedom of speech and expression to every citizen of India.
They expression their opinions freely by words of mouth, writing, printing, pictures or any
other mode.
10. Right to Equality
In the case of the Air India v. Nargesh Meerza the court said that the termination of service
on pregnancy was manifestly unreasonable and arbitrary on the basis of this it was violation of
article 14 of Indian constitution. The Supreme Court held that right to equality before the law
and the equal protection of law provided under article14 of the Indian constitution
11. Right to go Abroad
In Satwant Singh Sawhney v. Assistant Passport Officer, New Delhi, the Supreme Court
held that right to life and personal liberty included Right to travel abroad within the meaning
of Article 21 of the constitution In Maneka Gandhi v. Union of India validity of Sec. 10(3)
(c) of the passport Act 1967, which empowered government to impound the passport of a
person, in the interest of general public was challenged before the seven-judge Bench of the
Supreme Court. It was contended that, right to travel abroad being a part of right to “personal
liberty” the disputed section didn’t prescribe any procedure to deprive her liberty and hence it
was violative of Art. 21.
12. Right against Sexual Harassment at Workplace

In Vishakha v. State of Rajasthan the Supreme Court has declared sexual harassment of a
working woman at her work as amounting to violation of rights of gender equality and rights
to life and liberty which is clear violation of Articles 14, 15 and 21 of the Constitution.
13. Right to Free Legal Aid

In M.H Hoskot v State of Maharashtra the Supreme Court has invoked Art. 39A and held
that state under Article 21 should provide free legal aid to a prisoner who is indigent and or
otherwise disabled from securing legal assistance where the ends of justice call for such service.
14. Right to Speedy Trial

Speedy trial is a fundamental right implicit in the guarantee of life and personal liberty
enshrined in Art. 21 of the Constitution and any accused who is denied this right of speedy trial
is entitled to approach the Court for the purpose of enforcing such right. The Supreme Court
held in Hussainara Khatoon (I) v. Home Secretary, State of Bihar that speedy trial is a
fundamental right implicit in the guarantee of life and personal liberty enshrined in Art. 21 of
the Constitution and any accused who is denied this right of speedy trial is entitled to approach
Supreme Court under Art. 32 for the purpose of enforcing such right and the Supreme Court in
discharge of its constitutional obligation has the power to give necessary directions to the State
15. Right to get Pollution Free Water and Air
In Subhas Kumar v. State of Bihar, it has held that a Public Interest Litigation is maintainable
for insuring enjoyment of pollution free water and air which is included in ‘right to live’ under
Art.21 of the constitution. The court observed: “Right to live is a fundamental right under Art
21 of the Constitution and it includes the right of enjoyment of pollution free water and air for
full enjoyment of life. If anything endangers or impairs that quality of life in derogation of
laws, a citizen has right to have recourse to Art.32 of the Constitution for removing the
pollution of water or air which may be detrimental to the quality of life.”
16. Right to Write a Book
In State of Maharashtra v. Prabhakar Pandurang, the petitioner while under detention in

jail wrote a book on science and sought the permission from the Government to send the
manuscript of the book to his wife for publication, to which the Government refused. The Court
held that this was an infringement of personal liberty and that Article 21 included the right to
write the book and get it published.
17. Right to Education

In Mohini Jain v. State Of Karnataka and Unni Krishna v. State of Anddhra Pradesh
rule that right to education is fundamental right because it directly flows from right to life.
Earlier the courts interpreted Right to Education under Art.21 but in the year 2002 by
constitutional Amendment, Art.21A was inserted in the constitution and right to education was
expressly made as a fundamental right.
18. Right to Social Security and Protection of Family
Right to life covers within its ambit the right to social security and protection of family .K.
Ramaswamy J., in Calcutta Electricity Supply Corporation (India) Ltd. v. Subhash
Chandra Bose, held that right to social and economic justice is a fundamental right under Art.
21. The learned judge explained that right to life and dignity of a person and status without
means, were cosmetic rights. Socio-economic rights were, therefore, basic aspirations for
meaning right to life and that Right to Social Security and Protection of Family were integral
part of right to life.
19. Right against Honour Killing
A division bench of Allahabad high court, In Surjit Kumar v. State of U.P. took serious note
on harassment, in ill treatment and killing of a person who was a major, for wanting to get
married to a person of another caste or community, for bringing dishonor to family since inter
caste or inter community marriage was not prohibited in law, the court said that such practice
of “honour killing” was a blot on society. The court, therefore, directed the police to take strong
measures, against those who committed such ‘honour killing’
20. Right to Clean Environment
The “Right to Life” under Article 21 means a life of dignity to live in a proper environment
free from the dangers of diseases and infection. Maintenance of health, preservation of the
sanitation and environment have been held to fall within the purview of Article 21 as it
adversely affects the life of the citizens and it amounts to slow poisoning and reducing the life
of the citizens because of the hazards created if not checked. The following are some of the
well-known cases on environment under Article 21: In M.C. Mehta v. Union of India
(1988), the Supreme Court ordered closure of tanneries that were polluting water. In M.C.
Mehta v. Union of India (1997) the Supreme Court issued several guideline and directions for
the protection of the Taj Mahal, an ancient monument, from environmental degradation.
In Vellore Citizens Welfare Forum v. Union of India, the Court took cognizance of the
environmental problems being caused by tanneries that were polluting the water resources,
rivers, canals, underground water and agricultural land. The Court issued several directions to
deal with the problem. In M.C. Mehta v. Union of India (2006) the Court held that the blatant
and large-scale misuse of residential premises for commercial use in Delhi, violated the right
to salubrious sand decent environment. Taking note of the problem the Court issued directives
to the Government on the same.
21. Right to Know or Right to Be Informed
Holding that the right to life has reached new dimensions and urgency the Supreme Court
in R.P. Ltd. v. Proprietors Indian Express Newspapers, Bombay Pvt. Ltd., observed that
if democracy had to function effectively, people must have the right to know and to obtain the
conduct of affairs of the State.
In Reliance Petrochemicals Ltd. v. Proprietors of Indian Express Newspapers, Court ruled

that the citizens who had been made responsible to protect the environment had a right to know
the government proposal.
22. Right against Illegal Detention
In Joginder Kumar v. State of Uttar Pradesh the petitioner was detained by the police
officers and his whereabouts were not told to his family members for a period of five days.
Taking the serous note of the police high headedness and illegal detention of a free citizen, the
Supreme Court laid down the guidelines governing arrest of a person during investigation: An
arrested person being held in custody is entitled, if he so requests to have a friend, relative or
other person told as far as is practicable that he has been arrested and where he is being
detained. The police officer shall inform the arrested person when he is brought to the police
station of this right. An entry shall be required to be made in the diary as to who was informed
of the arrest. In the case of D.K. Basu v. State of West Bengal the Supreme Court laid down
detailed guidelines to be followed by the central and state investigating agencies in all cases of
arrest and detention till legal provisions are made in that behalf as preventive measures and
held that any form of torture or cruel inhuman or degrading treatment, whether it occurs during
interrogation, investigation or otherwise, falls within the ambit of Article 21.
23. Right against Handcuffing

Handcuffing has been held to be prima facie inhuman and therefore unreasonable, over-harsh
and at first flush, arbitrary. It has been held to be unwarranted and violative of Article 21.
In Prem Shankar v. Delhi Administration the Supreme Court struck down the Rules that
provided that every under-trial who was accused of a non-bailable offence punishable with
more than three years prison term would be routinely handcuffed. The Court ruled that
handcuffing should be resorted to only when there was “clear and present danger of escape” of
the accused under -trial, breaking out of police control.
24. Right against Solitary Confinement
In Sunil Batra v. Delhi Administration, the petitioner was sentenced to death by the Delhi
session court and his appeal against the decision was pending before the high court. He was
detained in Tihar Jail during the pendency of the appeal. He complained that since the date of
conviction by the session court, he was kept in solitary confinement. The Supreme Court held
that imposition of solitary confinement on the petitioner was violative of Article 21.
25. Right against Custodial Violence

Sheela Barse vs. State of Maharastra held that any form of torture or cruel inhuman or
degrading treatment in custody its violation of Article 21 of the Constitution
26. Right against Public Hanging

The Rajasthan High Court, by an order directed the execution of the death sentence of an
accused by hanging at the Stadium Ground of Jaipur. It was also directed that the execution
should be done after giving widespread publicity through the media. On receipt of the above
order, the Supreme Court in Attorney General of India v. Lachma Devi held that the direction
for execution of the death sentence was unconstitutional and violative of Article 21. It was
further made clear that death by public hanging would be a barbaric practice. Although the
crime for which the accused has been found guilty was barbaric it would be a shame on the
civilised society to reciprocate the same. The Court said, “a barbaric crime should not have to
be visited with a barbaric penalty.”
27. Right against Bar Fetters
In Sunil Batra v. Delhi Administration, the Supreme Court gave Right against Bar Fetters
and held that treatment that offended human dignity and reduced man to a level of beast would
certainly be arbitrary and could be questioned under Article 21, but the right is not absolute.
28. Right to claim Compensation
The Supreme Court of India has also shown its dynamic and activist role in compensatory
jurisprudence. For the first time in Nilabati Behera v State of Orissa the Supreme Court held
right to compensation as a fundamental right under Article 21 of the Constitution. Earlier it
was the discretion of the Court wherein it has awarded compensation to the victim. In Rudal
Shah v State of Bihar the Supreme Court awarded Rs. 35000/- to the petitioner who was kept
in jail for 14 years despite of his acquittal order. Recently in Chairman, Railway Board v
Chandrima Das the employees of the Railway Board had gang raped a Bangladeshi Women
for which the Central Government was directed to award compensation under Article 21 of the
constitution.
Writs and Human Rights

Explain the Various Writs Available under the Constitution of India for Protection of
Human Rights
1. Introduction
2. Types of Writs
1 Writ of Habeas Corpus
2 Writ of Mandamus
3 Writ of Certiorari
4 Writ of Quo Warranto
5 Writ of prohibition
3. Conclusion
1. Introduction
A writ is a formal written order issued by a Court. Any warrant, orders, directions, and so on,
issued by the Supreme Court or the High court are called writs. A writ petition can be filed in
the High Court (Article 226) or the Supreme Court (Article 32) of India when any of your
fundamental rights are violated. The jurisdiction with the High Courts (Article 226) with
regards to a writ petition is wider and extends to constitutional rights too. Articles 32 and 226
of the Indian constitution provided five types of writs they are:-
2. Types of Writs
1. Writ of Habeas Corpus
"Habeas Corpus" is a Latin term which literally means "you may have the body." The writ is
issued to produce a person who has been detained, whether in prison or in private custody,
before a court and to release him if such detention is found illegal. The court has greatly
expanded the scope of this writ as it protects the right to life and liberty. In the case of Sheela
Bharse v. State of Maharashtra AIR 1983 SC 378, the court expanded the scope of this writ
by adjudging that it is not necessary that the detainee should be the petitioner. An interested
party who has some connection with the case may also do so. In the case of Kanu Sanyal v.
District Magistrate AIR 1973, SC 2684 the court held that it is not necessary to produce before
the court the detainee.
2. Writ of Mandamus
Mandamus is a Latin word, which means "We Command". Mandamus is an order from the
Supreme Court or High Court to a lower court or tribunal or public authority to perform a
public or statutory duty. This writ of command is issued by the Supreme Court or High court
when any government, court, corporation or any public authority has to do a public duty but
fails to do so.
In the case of, State of West Bengal v. Nuruddin(1998) 8 SCC 143, the Supreme Court held
the writ of mandamus is a personal action where the respondent has not done the duty they
were prescribed to do by law. The performance of the duty is the right of the applicant. In Shri
Anadi Mukta Sadguru Shree Muktajee Vandasjiswami Suvarna Jayanti Mahotsav Smarak
Trust and Ors. v. V. R. R Udani and Ors. AIR 1989 SC 1607, the court held that it is not
necessary that the duty is imposed by statute, mandamus may apply even in cases where the
duty is imposed by common law or custom. The ambit of mandamus is very wide, and it must
be available when an injustice has occurred. It should not be bogged down with too many
technicalities.
3. Writ of Certiorari
Literally, Certiorari means to be certified. The writ of certiorari can be issued by the Supreme
Court or any High Court for quashing the order already passed by an inferior court, tribunal
or quasi-judicial authority. There are several conditions necessary for the issue of writ of
certiorari.
a. There should be court, tribunal or an officer having legal authority to determine the
question with a duty to act judicially.
b. Such a court, tribunal or officer must have passed an order acting without jurisdiction
or in excess of the judicial authority vested by law in such court, tribunal or officer.
c. The order could also be against the principles of natural justice or the order could
contain an error of judgment in appreciating the facts of the case.
The scope of the writ of certiorari has been given in the case of Hari Vishnu Kamath v.
Ahmad Ishaque AIR 1955 SC 233 as follows:
1. When there is an error of jurisdiction. 2. When the court has not given the proper time for
both parties to be heard or has violated principles of natural justice. 3. This writ is supervisory
in nature, and thus the High court cannot review the findings of the lower courts.
4. If the error is evident.
4. Writ of Prohibition
The Writ of prohibition means to forbid or to stop and it is popularly known as 'Stay Order'.
This writ is issued when a lower court or a body tries to transgress the limits or powers vested
in it. The writ of prohibition is issued by any High Court or the Supreme Court to any inferior
court, or quasi-judicial body prohibiting the latter from continuing the proceedings in a
particular case, where it has no jurisdiction to try. After the issue of this writ, proceedings in
the lower court etc. come to a stop. Difference between Prohibition and Certiorari: While the
writ of prohibition is available during the pendency of proceedings, the writ of certiorari can
be resorted to only after the order or decision has been announced. Both the writs are issued
against legal bodies. In the case of Calcutta Discount Co. Ltd. v. ITO AIR 1961 SC372, the
Supreme Court held that when a subordinate court or tribunal is shown decisively that they
have acted in excess of their jurisdiction, the court will issue a writ of prohibition regardless of
whether there exists an alternative remedy or not.
5. Writ of Quo Warranto
The word Quo-Warranto literally means "by what warrants?" or "what is your authority"? It is
a writ issued with a view to restrain a person from holding a public office to which he is not
entitled. The writ requires the concerned person to explain to the Court by what authority he
holds the office. If a person has usurped a public office, the Court may direct him not to carry
out any activities in the office or may announce the office to be vacant. Thus High Court may
issue a writ of quo-warranto if a person holds an office beyond his retirement age.
Conditions for issue of Quo-Warranto
1. The office must be public and it must be created by a statue or by the constitution itself.
2. The office must be a substantive one and not merely the function or employment of a
servant at the will and during the pleasure of another.
3. There must have been a contravention of the constitution or a statute or statutory
instrument, in appointing such person to that office.
In the case of Anand Bihari v. Ram Sahay AIR 1952 MB 31, the court held that the office in
question must necessarily be one which is public. In G. Venkateshwara Rao v. Government
of Andhra Pradesh AIR 1966, SC 828, the court held that a private person may file an
application for a writ of Quo Warranto. It is not required that this person is personally affected
or interested in the case.
3. Conclusion
The power to grant writs is one of the most important powers granted to the High Courts and
the Supreme Court. Writs protect the rights of the citizens by providing a faster remedy, thereby
upholding the principles of democracy by providing quick justice. The importance of writs
cannot be underestimated, and the courts must necessarily use this power judiciously as they
have been given a very wide ambit to practice this power.
Public Interest Litigation and Human Rights

Explain the Role of Public Interest Litigation in Securing Human Rights
1) Introduction
2) Subjects of Public Interest Litigation
3) Case Laws
4) Conclusion
1. Introduction
The term “PIL” originated in the United States in the mid-1980s. Since the nineteenth century,
various movements in that country had contributed to public interest law, which was part of
the legal aid movement. The first legal aid office was established in New York in 1876. In the
1960s the PIL movement began to receive financial support from the office of Economic
Opportunity, This encouraged lawyers and public spirited persons to take up cases of the under-
privileged and fight against dangers to environment and public health and exploitation of
consumers and the weaker sections. PIL had begun in India towards the end of 1970s and came
into full bloom in the 80s. Justice V.R. Krishna Iyer and Justice PM. Bhagwati, honourable
Judges of the Supreme Court of India delivered landmark judgements which opened up new
vistas in PIL. Public Interest litigation, itself says that this is a litigation for any public interest.
In the words of some learned people we can say that public interest litigation in a litigation
which can be file in any court of law by any public spirited person for the protection of “public
interest.” Now a question comes in the mind that “what in public interest?” so answer is ‘any
act for the benefit of public is public interest.' and those act are such as pollution, Terrorism,
Road safety, constructional hazards etc. in all these activities we can clearly see the public
interest. As it is said that this petition can file any public spirited person so it’s mean that there
should not be interest of only himself. There in word only says that in can be possible that in
that act for what he is filing a PIL there in a small part of his benefit also hide But it's not mean
that he cannot file. If the is interest of public then he can file public interest litigation. Public
interest litigation is not defined in any statute or any act. It has been interpreted by judge to
consider the intent of public at large. This is just like a writ petition which is file in high court
or Supreme Court under article 226 for high court and article 32 for Supreme Court. When
public interest in affecting at large then this can be filed but affection on only one person is not
a ground for filing this petition. Public interest litigation [‘PIL’], typically defined as
proceedings in which the public or the community at large has some pecuniary or legal interest,
demonstrates an ability to foster human rights compliance. It does this by enabling broader
community or ‘public’ interests to be recognised and enforced through the judicial process,
thereby revealing greater potential than private rights litigation in addressing the systemic
nature of many human rights violations. This in turn has presented greater opportunities
domestically to monitor each state's accountability to international human rights standards.
2. Subjects of Public Interest Litigation
Public Interest Litigation is meant for enforcement of fundamental and other legal rights of the
people who are poor, weak, ignorant of legal redressal system or otherwise in a
disadvantageous position, due to their social or economic background. Such litigation can be
initiated only for redressal of a public injury, enforcement of a public duty or vindicating
interest of public nature. It is necessary that the petition is not filed for personal gain or private
motive or for other extraneous consideration and is filed bona fide in public interest.
The following are the subjects which may be litigated under the head of Public Interest
Litigation:- 1. Bonded Labour matters. 2. Neglected Children. 3. Non-payment of minimum
wages to workers and exploitation of casual Workers and complaints of violation of Labour
Laws (except in individual Cases). 4. Petitions from jails complaining of harassment, for (pre-
mature release) and seeking release after having completed 14 years in jail, death in jail,
transfer, release on personal bond, speedy trial as a fundamental right. (5) Petitions against
police for refusing to register a case, harassment by police and death in police custody. (6)
Petitions against atrocities on women, in particular harassment of bride, bride burning, rape,
murder, kidnapping etc. (7) Petitions complaining of harassment or torture of villagers by co-
villagers or by police from persons belonging to Scheduled Caste and Scheduled Tribes and
economically backward classes. (8) Petitions pertaining to environmental pollution,
disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and
culture, antiques, forest and wild life and other matters of public importance. (9) Petitions from
riot -victims. (10) Family Pension.
What are the issues that cannot be filed under PIL?
The Supreme Court has issued a set of PIL guidelines according to which the following matters
will not be allowed as PILs: 1. Landlord-tenant matters 2. Service matters, 3. Matters pertaining
to pension and gratuity, 4. Complaints against Central and State government departments and
Local Bodies except those relating to items 1 to 10 mentioned in the list of guidelines, 5.
Admission to medical and other educational institutions, 6. Petitions for early hearing of cases
pending in High Court or subordinate courts
Against Whom Public Interest Litigation Can Be Filed?
Any public spirited person can file any PIL only against the state govt. / central govt. or any
municipality authority but against to the any private party but it doesn't mean that private party
does not comes under the sphere of PIL. A private party also can be tried by the PIL by acting
a role of respondent after making concern by the state authorities. For example- If there is a
Private factory in Delhi, which is causing pollution, then people living nearly, or any other
person can file a Public Interest Litigation against:
1. Government of Delhi
2. State Pollution Control Board, and
3. Also against the private factory. But public interest litigation cannot file against only
private party without concerning state govt. or central govt. as in the above case this case was
against the union of India not to that corporation whose fault was there.
3. Case Laws (you also refer topic ‘role of judiciary protection of Human Rights’)
The first reported case of PIL in 1979 focused on the inhuman conditions of prisons and under
trial prisoners. In Hussainara Khatoon v. State of Bihar, the PIL was filed by an advocate on
the basis of the news item published in the Indian Express, highlighting the plight of thousands
of under trial prisoners languishing in various jails in Bihar. These proceeding led to the release
of more than 40,000 under trial prisoners. Right to speedy justice emerged as a basic
fundamental right which had been denied to these prisoners. The same set pattern was adopted
in subsequent cases. A new era of the PIL movement was heralded by Justice P.N. Bhagawati
in the case of S.P. Gupta v. Union of India. In this case it was held that “any member of the
public or social action group acting bonafide” can invoke the Writ Jurisdiction of the High
Courts or the Supreme Court seeking redressal against violation of a legal or constitutional
rights of persons who due to social or economic or any other disability cannot approach the
Court. By this judgment PIL became a potent weapon for the enforcement of “public duties”
where executed in action or misdeed resulted in public injury. And as a result any citizen of
India or any consumer groups or social action groups can now approach the apex court of the
country seeking legal remedies in all cases where the interests of general public or a section of
public are at stake.
In 1981 the case of Anil Yadav v. State of Bihar, exposed the brutalities of the Police.
Newspaper report revealed that about 33 suspected criminals were blinded by the police in
Bihar by putting the acid into their eyes. Through interim orders Supreme Court directed the
State government to bring the blinded men to Delhi for medical treatment. It also ordered
speedy prosecution of the guilty policemen. The court also read right to free legal aid as a
fundamental right of every accused. Anil Yadav signalled the growth of social activism and
investigative Litigation.
In Citizen for Democracy v. State of Assam, the S. C. declared that the handcuffs and other
fetters shall not be forced upon a prisoner while lodged in jail or while in transport or transit
from one jail to another or to the court or back.
Rural Litigation Entitlement Kendra (RLEK) v. UOI, 1988:
This was the first environmental PIL in India. The Supreme Court acting promptly prohibited
the mining operations with a view to determine if the mines were operated with the safety
standards. It appointed the Bhargava Committee- to assess the total effects of the mines in the
ecology of the area. On the recommendations of the Bhargava Committee, the court ordered
that these operations in such an ecologically sensitive area has to be stopped. The court further
observed that preservation of ecology is a task which not only the States but also the Citizens
must undertake u/A 51 A (g).
Vishaka v State of Rajasthan
This case came before the Supreme Court as a Public Interest Litigation against State of
Rajasthan and Union of India by Vishakha and other women groups. The petitioners demanded
enforcement fundamental rights for working women under Articles 14, 19 and 21 of the
Constitution. For this, Vishaka Guidelines were issued. The judgment also provided basic
definitions of sexual harassment at the workplace along with provided guidelines to deal with
the same.
In M.C. Mehta v. Union of India (1988), the Supreme Court ordered closure of tanneries that
were polluting the Ganga. In M.C. Mehta v. Union of India (1997) the Supreme Court issued
several guideline and directions for the protection of the Taj Mahal, an ancient monument, from
environmental degradation. In Vellore Citizens Welfare Forum v. Union of India, the Court
took cognizance of the environmental problems being caused by tanneries that were polluting
the water resources, rivers, canals, underground water and agricultural land. The Court issued
several directions to deal with the problem.
In Murli S. Deora v. Union of India
The petitioner filed a PIL in the Supreme Court seeking order for banning smoking in public
places. The considering the adverse effect of smoking on smokers and passive smokers, we
direct and prohibit smoking in public places and issue directions to the Union of India, State
Governments as well as the Union Territories to take effective steps to ensure prohibiting
smoking in public places, namely: (1) Auditoriums (2) Hospital buildings (3) Health
institutions (4) Educational institutions (5) Libraries (6) Court buildings (7) Public offices (8)
Public conveyances, including railways
4. Conclusion
International Covenant on civil and political Rights and the Indian constitution
1. Bring Out the relationship between the provisions of Indian Constitution and
covenant on civil and political Rights in protection of Human Rights.
Synopsis:-
1. Introduction
2. Covenant on civil and political rights and the Indian constitution
3. Specified fundamental rights
4. Other fundamental rights
1) Right to privacy
2) Right to travel abroad
3) Right to speedy trial
4) Right to provide Legal Assistance
5) Right to prisoners to be treated with Humanity
6) Right of not to be imprisoned for inability to fulfill a contractual obligation
7) Right to compensation
8) Right to information
5. Conclusion
Introduction:-
The task for preparing the constitution of India was entrusted to the constituent
Assembly which met for the first time on December 9, 1949, i.e., before India became a
dominion. The Assembly appointed various committees draft the different article of the
constitution. The reports of these committees found the basis on which of the constitution of
India was prepared in February 1948. Its final shape was given on November 26, 1949 and it
came into force on January 26, 1950. The preamble of the Constitution declares India to be a
Sovereign, Socialist, secular, Democratic, Republic. India has ratified the International
covenant on civil and political Rights on March 27, 1979, by ratification; it has established on
the International plane its consent to be bound by them. It has an obligation to provide to the
individuals the rights contained in the covenant. A question arises as to how far the rights
enshrined in the covenant are consistent with the rights stipulated in the constitution
Covenant on civil and political Rights and the Indian constitution:-
The Constitution provides a number of rights to individuals in part III which have been
termed as 'Fundamental Rights'. The expression 'Fundamental' denoted that these rights are
inherent in all the human beings and are essential for the individuals for blossoming of the
human personality and social. These rights represent basic values of a civilized society and the
constitution makers declared that they shall be given a place of pride in the constitution and
therefore they elevated them to the status of 'Fundamental Rights'. These rights are therefore
calculated to protect the dignity of the individuals and create conditions in which every human
being can developed his personality to the fullest extent. Fundamental rights guaranteed under
the Indian constitution may be divided for the sake of convenience in two categories viz.,
specified fundamental rights and other fundamental rights. The division is helpful in order to
make them comparable with the human rights guaranteed to the individuals under the
International covenant on civil and political Rights.
Specified Fundamental Rights:-

Many rights enshrined in the covenant on civil and political Rights have been
recognized specifically in the Indian Constitution as a 'Fundamental Rights' they may be
referred to 'specified' fundamental rights because they are mentioned in the constitution by
name. The following table shows the different Articles of the covenant and the Constitution
where in identical rights are stipulated:-
Sl .no Rights Covenant on Civil

and Political Rights Indian Constitution
1. Forced Labour Article 8(3) Article 23
2. Equality before Law Article 14(1) Article 14
3. Prohibition of discrimination Article 26 Article 15
4. Equality of opportunity to public Article 25(c) Article 16(1)

service
5. Freedom of Speech Article 19(1)&(2) Article 19(1)(a)
6. Right for peaceful assembly Article 21 Article 19(1)(b)
7. Rights of freedom of Association Article 22(1) Article 19(1)(c)
8. Rights to move freely within the Article 12(1) Article 19(1)(d)&(e)

territory of a State
9. Protection against ex-post facto Article 15(1) Article 20(1)
law
10. Protection against double- Article 14(7) Article 20 (2)
jeopardy
11. Not to be compared to testify Article 14(3) (g) Article 20 (3)

against himself
12. Right to life and liberty Article 6(1)& 9(1) Article 21
13. Protection against arrest and Article 9(2) (3) and Article 22
detention in certain cases (4)
14. Freedom of conscience and Article 18 (1) Article 23

religion
15 Protection of interests of Article 27 Article 29&30

minorities and right of minorities
to establish and administer
educational institutions
Other Fundamental Rights:
A number of rights which are stated in the covenant are not laid down in part III of the
Constitution. The covenant being an international treaty is applicable to states rather than to
individuals. Consequently, rights contained therein generally become a source of domestic
legal obligation for a state only through their incorporation in some manner into the State's own
internal Law.
The following are the rights which are contained in the covenant on civil and political
rights and are available to the citizens of India in spite of their not being specifically mentioned
in the constitution:
1. Rights to privacy:-
The right to privacy is stipulated in the covenant on civil and political rights under
Article 17, Para (1), which says that no one shall be subjected to arbitrary or unlawful
interference with his privacy, family, home or correspondence, or to unlawful attack on his
honour and reputation. But, this right is not guaranteed in the Indian Constitution. However, in
Kharak Singh v/s state of U.P, it was held by the Supreme Court that the domiciliary visits
in an in fragment of the rights to privacy and is violative of the citizen’s fundamental right of
personal liberty guaranteed under Article 21 of the Constitution.
2. Right to Travel Abroad:-
The Right to Travel abroad is a guaranteed right Article 21, Para (2) of the covenant on civil
and political rights, however, it is not specifically recognized under part III of the Supreme
Court in satvant Singh v/s Assistant passport office, New Delhi held that the right to go
abroad is a part of the person's personal liberty within the meaning of Article 21 of the
Constitution and consequently no person can be deprived of this right except according to
procedure prescribed by Law.
3. Right to speedy Trial:-
The covenant on civil and political rights laid down under Article 9 Para (3) that anyone
arrested or detained on a criminal charge shall be brought promptly before a judge... and shall
be entitled to trial within a reasonable time or to release. However, the fundamental rights
enshrined in the constitution do not include that a person has a right to be tried without undue
delay. But, in Hussainara Khatoon v/s Home Secretary, state of Bihar (No.1) it was held
by the supreme court that though speedy trial is not specifically enumerated as a fundamental
rights, it is implicit in the broad sweep and content of article 21 which deals with the right to
life and liberty.
4. Right to provide Legal Assistance:-
The covenant on civil and political rights provides under Para 3(d) of Article 14 that
everyone shall be entitle to be tried in his presence and to defend himself in person or through
legal assistance to this right; and to have legal assistance assigned to him, in any case where
the interest of Justice so require and without payment by him in any such case if he does not
have sufficient means to pay for it. But the Constitution does not provide this right as
fundamental in part III. However, it was held by the Supreme Court in M.H. Hoskot v/s State
of Maharashtra, that the right to free legal service is an essential ingredient of reasonable fair
and just procedure for a person accused of an offence and is implicit in Article 21 of the
Constitution.
5. Right of Prisoners to be Treated with Humanity:-
Article 10, of the covenant on Civil and Political rights under Para (1) lays down that
that all persons deprived of their liberty shall be treated with humanity and with respect for the
inherent dignity of the human person. But in Indian Constitution there is no such provision in
part III which can safeguard the discretionary and sometimes brutal treatment given to the
prisoners. However, justice Krishna Iyer of the supreme court in Charles Shobraj v/s
Superintendent central Jail, Tihar, New Delhi, recognized that the 'right to life' is more than
mere animal existence or vegetable substance even in prison a person is required to be treated
with dignity and one enjoys all the rights specified in Article 19 and 21.
6. Right of not to be imprisoned for Inability to fulfil a contractual obligation:-
The covenant on civil and political rights provides under Article 11 that no one shall be
imprisoned merely on the ground of inability to fulfill a contractual obligation, however, in the
Indian Constitution this right is not specifically guaranteed under part III, but in Jolly George
v/s Bank of Cochin, it was held by the S.C that to cast a person in prison because of his poverty
and consequent inability to meet his contractual liability is a violation of article 21 of the
Constitution.
7. Right to Compensation:-
The covenant on civil and political rights under Article 9, Para 5 laid down that
“Anyone who has been the victim of unlawful arrest or detention shall have an enforceable
right to compensation. is not specifically guaranteed under the Indian Constitution. But D.K
Basu v/s State of west Bengal, the Supreme Court that monetary compensation should be
awarded for established infringement of fundamental rights guaranteed under Article 21.
8. Right to Information:-
The covenant on civil and political rights laid down under Article 19, Para 2 that
everyone shall have the right to freedom of expression; this right shall include freedom to seek
receive of frontiers, either orally in writing or in print in the form of art or through any other
media of his choice. The Indian constitution while under Article 19(1) (a) guarantees the
freedom for speech and expression as fundamental rights, the right to information is not
specifically mentioned in part III of the Constitution. But, the S.C in Secretary Ministry of
Information and Broadcasting, Government of India v/s /cricket Association of Bengal, held
that right to impart and receive information is a species of the right to freedom of speech and
expression.
Conclusion
The Universal Declaration of Human Rights and Indian Constitution
1. Indian Constitution bears the impact of the Universal Declaration of Human

Rights Elucidate.
2. The framers of the Indian Constitution were influenced by the concept of Human
Rights and guaranteed most of the human rights contained in the Universal
Declaration of Human Rights
1. Introduction
2. Specified fundamental rights
3. Other fundamental rights
1. Right to Travel Abroad
2. Right to Privacy
3. Right against Solitary Confinement
5. Right to Free Legal Aid in a Criminal Trial
7. Right against Handcuffing
8. Right against Delayed Execution
11. Right to Health Care or Doctor’s Assistance
12. Right to Shelter
13. Right to Pollution Free Environment
14. Right to Know
15. Right to Compensation
16. Right of Inmates of Protection Homes
4. Economic, Social and Cultural Rights
1. Specified Rights and Principles
2. Not Specified in the Universal Declaration
5. Conclusion
1. Introduction
The Constitution of the Republic of India which came into force on 26th January 1950 with
395 Articles and 8 Schedules, is one of the most elaborate fundamental laws ever adopted. The
Preamble to the Constitution declares India to be a Sovereign, Socialist, Secular and
Democratic Republic. The term ’democratic’ denotes that the Government gets its authority
from the will of the people. It gives a feeling that they all are equal “irrespective of the race,
religion, language, sex and culture.” The Preamble to the Constitution ledges justice, social,
economic and political, liberty of thought, expression, belief, faith and worship, equality of
status and of opportunity and fraternity assuring the dignity of the individual and the unity and
integrity of the nation to ail its citizens.
The Universal Declaration of Human Rights (UDHR) is a milestone document in the history
of human rights. Drafted by representatives with different legal and cultural backgrounds from
all regions of the world, the Declaration was proclaimed by the United Nations General
Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common
standard of achievements for all peoples and all nations. The Declaration was the first step in
the process of formulating the International Bill of Human Rights, which was completed in
1966, and came into force in 1976, after a sufficient number of countries had ratified them. The
declaration consisted of 30 articles besides a preamble. India was a signatory to the Universal
Declaration of Human Rights. A number of fundamental rights guaranteed to the individuals
in Part III of the Indian Constitution are similar to the provisions of the Universal Declaration
of Human Rights.
2. Specified Fundamental Rights:-
Many rights enshrined in the The Universal Declaration of Human Rights have been
recognized specifically in the Indian Constitution as a 'Fundamental Rights' they may be
referred to 'specified' fundamental rights because they are mentioned in the constitution by
name. The following table shows the different Articles of the Universal Declaration and the
Constitution where in identical rights are stipulated:-
Civil and Political Rights
SI No. Universal Declaration of Human Rights Indian constitution

(Civil and Political Rights)
Everyone has the right to life, liberty and security of
1 person.(Art.3) Article 21
No one shall be held in slavery or servitude; slavery and the
2 slave trade shall be prohibited in all their forms. (Art.4) Article 23
3 Equality before Law and Non-discrimination (Art.7) Article 14 and 15
4 Right to effective remedy (Art.8) Article 32
Rights against arbitrary arrest, detention and right to habeas

5 corpus (Art.9) Article 22
6 Rights ex-post facto law [Art.11(2)] Article 20(1)
7 Right to freedom of movement [Art.13(1)] Article 19(1)(d)
Article 19 (1)(f) (but it was

Right of own property and not be deprived of property omitted by the Constitution)
8 (Art.17) (42th Amendment)
9 Right to freedom of religion (Art.18) Article 25(1)
10 Right to freedom of opinion and expression (Art. 19) Article 19(1)(a)
Right to freedom of peaceful assembly and association

11 [Art.20(1)] Article 19(1)(b)
12 Right to equal access to public service [Art.21(2)] Article 16(1)
13 Right of social security (Art.22) Article 29(1)
14 Right of form and join Trade Unions (Art.23)(4) Article 19(1)(c)
3. Other Fundamental Rights (Unenumerated Fundamental Rights) or right not

specified (explain in exam)
The following are the rights contained in the Universal Declaration of Human Rights. They are
available to the citizens of India through judicial decisions, though they are not specifically
mentioned in the Constitution
1. Right to Travel Abroad

Satvant Singh v/s Assistant passport office, New Delhi
2. Right to Privacy
Kharak Singh v/s state of U.P
3. Right against Solitary Confinement
Sunil Batra v. Delhi Administration
Sunil Batra v. Delhi Administration
5. Right to Free Legal Aid in a Criminal Trial
M.H. Hoskot v/s State of Maharashtra
Hussainara Khatoon v/s Home Secretary, state of Bihar
7. Right against Handcuffing
Prem Shankar v. Delhi Administration
8. Right against Delayed Execution
T.V. Vatheeswaram v. State of Tamil Nadu
Sheela Barse v State of Maharashtra
Attorney General of India v. Lachma Devi
11. Right to Health Care or Doctor’s Assistance
Parmananda Katara v. Union of India,
Paschim Banga Khet Mazdoor Samity v. State of West Bengal
12. Right to Shelter
Chameli Singh v. State of U.P
13. Right to Pollution Free Environment
M.C. Mehta v. Union of India
14. Right to Know
Government of India v/s /cricket Association of Bengal
15. Right to Compensation
D.K Basu v/s State of west Bengal,
16. Right of Inmates of Protection Homes
Upendra Baxi v State of U.P
4. Economic, Social and Cultural Rights
The table below shows that most of the economic, social and cultural rights proclaimed in the
Universal Declaration of Human Rights have been incorporated in part IV of the Indian
Constitution
Specified Rights and Principles

SI
No. Universal Declaration of Human Rights Indian Constitution
(Economic, Social and Cultural Rights)
Art. 23 (1) Right to work, to free choice of an employment, to
1 just and favourable conditions of work etc, Article 41
2 Art. 23 (2) Right to equal pay for equal work Article 39(d)
3 Art. 23 (3) Right to just and favourable remuneration Article 42
4 Art. 24 (1) Right to rest to leisure Article 43
Art. 25 (1) Right of everyone and a standard of living adequate

5 for his and his family Article 39 (a) and 47
6 Art. 26 (1) Right to education Article 41 and 45
7 Art. 28 Right to proper social order Article 38
Not Specified in the Universal Declaration

There are a number of principles and rights contained in part IV of the Constitution which do
not find mention in the Universal Declaration. Such principles and rights are:-
1. The state shall direct its policy towards securing equitable distribution of the material
resource of the community and prevention of concentration of wealth and means
production. Art (39 (b), (c).
2. The state shall endeavour to promote international peace and co-operation (Art51)
3. To secure a Uniform Civil Code for the citizens. (Art.44)
4. To organize agriculture and animal husbandry on modern lines (Art 48
5. To organize village panchayats as units of self-governments ( Art 40)
6. To promote educational and economic interest of weaker sections and to protect them
from social justice. (Art.46)
7. To protect and improve the environment and safeguard forests and wild life (Art 48A)
8. To protect and maintain places of historic or artistic importance.( Art49)
9. To separate the Judiciary from the executive. (Art50) and etc
International Covenant on Economic, Social and Cultural Rights and Indian Constitution
1. Introduction
2. Specified Rights and Principles
3. Not Specified in the International Covenant
4. Conclusion
1. Introduction
Specified Rights and Principles
SI International Covenant on Economic, Social and Cultural

No. Rights Indian Constitution
1 Art.6(1).Right to work, Article 41
2 Art. 7(a)(i) Right to equal pay for equal work Article 39(d)
3 Art 10 (2) Maternity relief Article 42
4 Art. 7b Right to just and favourable conditions of work Article 42
5 Art.11 Right to adequate standard of living Article 39 (a) and 47
6 Art. 13(1) Right to education Article 45
7 Art. 7(a)(i) Living wages Article 43
2. Not Specified in the International Covenant

There are a number of principles and rights contained in part IV of the Constitution which do
not find mention in the Covenant on Economic, Social and Cultural Rights. Such principles
and rights are:-
1. The state shall direct its policy towards securing equitable distribution of the material
resource of the community and prevention of concentration of wealth and means
production. Art (39 (b), (c).
2. The state shall endeavour to promote international peace and co-operation (Art51)
3. To secure a Uniform Civil Code for the citizens. (Art.44)
4. To organize agriculture and animal husbandry on modern lines (Art 48
5. To organize village panchayats as units of self-governments ( Art 40)
6. To promote educational and economic interest of weaker sections and to protect them
from social justice. (Art.46)
7. To protect and improve the environment and safeguard forests and wild life (Art 48A)
8. To protect and maintain places of historic or artistic importance.( Art49)
9. To separate the Judiciary from the executive. (Art50) and etc
Conclusion
THE PROTECTION OF HUMAN RIGHTS ACT, 1993
Explain the important provisions of protection of Human Rights Act, 1993
Explain the Salient Features of the Human Rights (Protection) Act, 1993
Discuss the Constitution, Powers and Functions of National Human Rights Commission
Discuss the Constitution, Powers and Functions of State Human Rights Commission
1. Introduction
2. Definitions
3. The National Human Rights Commission
4. State Human Rights Commissions
5. Human Rights Courts
6. Conclusion
Introduction
The Protection of Human Rights Act, 1993 come into force on the 28th day of
September, 1993, its consisted 8 Chapters, 43 Sections and its amended two times in 2006 the
Protection of Human Rights (Amendment) Act, 2006 inserted two new sections (sections 40A
and 40B) and last year 2019, Home Minister Mr. Amit Shah introduced the Protection of
Human Rights (Amendment) Bill, 2019 in Lok Sabha on July 8, 2019, This bill was Passed by
Lok Sabha on July 19, 2019 and Rajya Sabha July 22, 2019,after Parliament received the assent
of the President on the 27th July, 2019 and its now became an act. The Protection of Human
Rights (Amendment) Act, 2019 made some changes in sections 3, 6, 21 and 24 of the Protection
of Human Rights act 1993. The Protection of Human Rights Act, 1993 provide for
establishment of National Human Rights Commission, State Human Rights Commission as
well as Human Rights Courts for better protection of human rights and for matters connected
therewith. The main purpose of this Act protecting human beings from violations of rights
Section 2 Definitions
Section 2(d) “Human rights” means 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.
The National Human Rights Commission
1. Introduction
2. Constitution of a National Human Rights Commission
3. Appointment of Chairperson and Other Members
4. Resignation and Removal of Chairperson and Members
5. Term of Office of Chairperson and Members
6. Member to act as chairperson or to discharge his functions in certain
circumstances
7. Functions and Powers of the Commission
8. Conclusion
1. Introduction
Chapter II, Section 3 to 20 of the Protection of Human Rights Act explain the Constitution,
Powers and Functions of the National Human Rights Commission. NHRC of India is an
independent statutory body established on 12 October, 1993 as per provisions of Protection of
Human Rights Act, 1993, It’s 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.
2. Section 3. Constitution of a National Human Rights Commission
The Central Government shall constitute a body to be known as the National Human Rights
Commission to exercise the powers conferred upon, and to perform the functions assigned to
it, under this Act. The Commission shall consist of:
 A Chairperson who has been a Chief Justice of the Supreme Court H.L. Dattu,
(The Protection of Human Rights (Amendment) Act, 2019, amends this to provide
that a person who has been Chief Justice of the Supreme Court, or a Judge of the
Supreme Court will be the chairperson of the NHRC).
 One Member who is or has been, a Judge of the Supreme Court;
 One Member who is, or has been, the Chief Justice of a High Court;
 Two Members to be appointed from amongst persons having knowledge of, or
practical experience in, matters relating to human rights. (The Protection of Human
Rights (Amendment) Act, 2019, amends this to allow three members to be appointed,
of which at least one will be a woman).
 The Chairperson of the National Commission for Minorities
 The National Commission for the Scheduled Castes,
 The National Commission for the Scheduled Tribes and
 The National Commission for Women shall be deemed to be Members of the
Commission for the discharge of functions specified in clauses (b) to (j) of section 12.
The Protection of Human Rights (Amendment) Act, 2019 provides for including:-
 The chairpersons of the National Commission for Backward Classes,
 The National Commission for the Protection of Child Rights, and
 The Chief Commissioner for Persons with Disabilities as members of the NHRC.
There shall be a Secretary-General who shall be the Chief Executive Officer of the
Commission and shall exercise such powers and discharge such functions delegated to them
The Amendment Act, 2019, amends this and allows the Secretary-General to exercise all
administrative and financial powers (except judicial functions), subject to the respective
chairperson’s control.
The headquarters of the Commission shall be at Delhi and the Commission may, with the
previous approval of the Central Government, establish offices at other places in India.
3. Section 4. Appointment of Chairperson and other Members
The Chairperson and the Members of the National Human Rights Commission are
appointed by the President of India on the recommendations of a high- power Committee
consisting of–
 The Prime Minister — Chairperson
 Home Minister — Member
 Speaker of the Lok Sabha (Lower House) – Member
 Deputy Chairman of the Rajya Sabha (Upper House) -Member
 Leader of the Opposition in the Lok Sabha (Lower House)-Member
 Leader of the Opposition in the Rajya Sabha (Upper House) — Member
Provided further that no sitting Judge of the Supreme Court or sitting Chief Justice of a High
Court shall be appointed except after consultation with the Chief Justice of India.
4. Section 5. Resignation and removal of Chairperson and Members
The Chairperson or any Member may, by notice in writing under his hand addressed to
the President of India, resign his office. The Chairperson or any other Member of the
Commission shall only be removed from his office by order of the President on the ground
of proved misbehaviour or incapacity. However, in these cases, the President has to refer the
matter to the Supreme Court for an inquiry. If the Supreme Court, after the inquiry, upholds
the cause of removal and advises so, then the President can remove the Chairman or a member.
The President may remove the Chairperson or any other Member if he:
 is adjudged an insolvent; or
 paid employment outside his office; or
 is unfit to continue in office by reason of infirmity of mind or body; or
 is of unsound mind and stands so declared by a competent court; or
 is convicted and sentenced to imprisonment for an offence which in the opinion
of the President involves moral turpitude.
5. Section 6. Term of office of Chairperson and Members
A person appointed as Chairperson shall hold office for a term of five years from the date
on which he enters upon his office or until he attains the age of seventy years, whichever is
earlier. A person appointed as a Member shall hold office for a term of five years from the
date on which he enters upon his office and shall be eligible for re-appointment for another
term of five years. The Protection of Human Rights (Amendment) Act, 2019 reduces the
term of office to three years or till the age of seventy years, whichever is earlier. And remove
the five-year limit for reappointment of the members of the NHRC
6. Section 7. Member to act as Chairperson or to discharge his functions in certain
circumstances
In the event of the occurrence of any vacancy in the office of the Chairperson by reason of
his death, resignation or otherwise, the President may, by notification, authorise one of the
Members to act as the Chairperson until the appointment of a new Chairperson to fill such
vacancy. When the Chairperson is unable to discharge his functions owing to absence on leave
or otherwise, such one of the Members as the President may, by notification, authorise in this
behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson
resumes his duties.
Functions and Powers of the Commission
7. Section 12. Functions of the Commission
Functions of the Commission are laid down under section 12 of the Act which are as
follows:-
1. Inquire, suo motu or on a petition presented to it by a victim or any person on his behalf
or on a direction or order of any court, into complaint of
a. Violation of human rights or abetment thereof; or
b. Negligence in the prevention of such violation, by a public servant;
2. Intervene in any proceeding involving any allegation of violation of human rights
pending before a court with the approval of such court;
3. visit, notwithstanding anything contained in any other law for the time being in force,
any jail or other institution under the control of the State Government, where persons
are detained or lodged for purposes of treatment, reformation or protection, for the study
of the living conditions of the inmates thereof and make recommendations thereon to
the Government;
4. Review the safeguards provided by or under the Constitution or any law for the time
being in force for the protection of human rights and recommend measures for their
effective implementation;
5. Review the factors, including acts of terrorism that inhibit the enjoyment of human
rights and recommend appropriate remedial measures;
6. Study treaties and other international instruments on human rights and make
recommendations for their effective implementation;
7. Undertake and promote research in the field of human rights;
8. Spread human rights literacy among various sections of society and promote
awareness of the safeguards available for the protection of these rights through
publications, the media, seminars and other available means;
9. Encourage the efforts of non-governmental organisations and institutions working
in the field of human rights;
10. Such other functions as it may consider necessary for the protection of human rights.
8. Section 13: Powers of the Commission (Section 13)
The commission exercises the following powers while inquiring into the complaints of
violations of human rights:- The Commission shall, while inquiring into complaints under this
Act, have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908,
and in particular in respect of the following matters, namely :
i. Summoning and enforcing the attendance of witnesses and examining them on oath;
ii. Discovery and production of any document;
iii. Receiving evidence on affidavits;
iv. Requisitioning any public record or copy thereof from any court or office;
v. Issuing commissions for the examination of witnesses or documents;
vi. Any other matter which may be prescribed.
2. The Commission shall have power to require any person, subject to any privilege which
may be claimed by that person under any law for the time being in force, to furnish
information on such points or matters as, in the opinion of the Commission, may be
useful for, or relevant to, the subject matter of the inquiry and any person so required
shall be deemed to be legally bound to furnish such information within the meaning of
section 176 and section 177 of the Indian Penal Code.
3. The Commission or any other officer, not below the rank of a Gazetted Officer,
specially authorised in this behalf by the Commission may enter any building or place
where the Commission has reason to believe that any document relating to the subject
matter of the inquiry may be found, and may seize any such document or take extracts
or copies therefrom subject to the provisions of section 100 of the Code of Criminal
Procedure, 1973, in so far as it may be applicable.
4. The Commission shall be deemed to be a civil court and when any offence as is
described in section 175, section 178, section 179, section 180 or section 228 of the
Indian Penal Code is committed in the view or presence of the Commission, the
Commission may, after recording the facts constituting the offence and the statement
of the accused as provided for in the Code of Criminal Procedure, 1973, forward the
case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any
such case is forwarded shall proceed to hear the complaint against the accused as if the
case has been forwarded to him under section 346 of the Code of Criminal Procedure,
1973.
5. Every proceeding before the Commission shall be deemed to be a judicial proceeding
within the meaning of sections 193 and 228, and for the purposes of section 196, of the
Indian Penal Code, and the Commission shall be deemed to be a civil court for all the
purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
6. Where the Commission considers it necessary or expedient so to do, it may, by order,
transfer any complaint filed or pending before it to the State Commission of the State
from which the complaint arises, for disposal in accordance with the provisions of this
Act; Provided that no such complaint shall be transferred unless the same is one
respecting which the State Commission has jurisdiction to entertain the same.
7. Every complaint transferred under sub-section (6) shall be dealt with and disposed of
by the State Commission as if it were a complaint initially filed before it.
9. Investigative Powers of the Commission (Section 14.)
The commission exercises the following investigative powers while inquiring into the
complaints:-
1. The Commission may, for the purpose of conducting any investigation pertaining to the
inquiry, utilise the services of any officer or investigation agency of the Central
Government or any State Government with the concurrence of the Central Government
or the State Government, as the case may be.
2. For the purpose of investigating into any matter pertaining to the inquiry, any officer or
agency whose services are utilised under subsection (1) may, subject to the direction
and control of the Commission:
i. Summon and enforce the attendance of any person and examine him;
ii. Require the discovery and production of any document; and
iii. Requisition any public record or copy thereof from any office.
3. The provisions of section 15 shall apply in relation to any statement made by a person
before any officer or agency whose services are utilised under sub-section (1) as they
apply in relation to any statement made by a person in the course of giving evidence
before the Commission.
4. The officer or agency whose services are utilised under subsection (1) shall investigate
into any matter pertaining to the inquiry and submit a report thereon to the Commission
within such period as may be specified by the Commission in this behalf.
5. The Commission shall satisfy itself about the correctness of the facts stated and the
conclusion, if any, arrived at in the report submitted to it under sub-section (4) and for
this purpose the Commission may make such inquiry (including the examination of the
person or persons who conducted or assisted in the investigation) as it thinks fit.
PROCEDURE
Section 17. Inquiry into complaints
The Commission while inquiring into the complaints of violations of human rights may–
1. call for information or report from the Central Government or any State Government
or any other authority or organisation subordinate thereto within such time as may be
specified by it: Provided that–
i. if the information or report is not received within the time stipulated by
the Commission, it may proceed to inquire into the complaint on its own;
ii. if, on receipt of information or report, the Commission is satisfied either
that no further inquiry is required or that the required action has been
initiated or taken by the concerned Government or authority, it may not
proceed with the complaint and inform the complainant accordingly;
2. Without prejudice to anything contained in clause (i), if it considers necessary, having
regard to the nature of the complaint, initiate an inquiry.
Section 18. Steps during and after inquiry
The Commission may take any of the following steps during or upon the completion of an
inquiry held under this Act, namely:
1. where the inquiry discloses the commission of violation of human rights or negligence
in the prevention of violation of human rights or abetment thereof by a public servant,
it may recommend to the concerned Government or authority –
(i) to make payment of compensation or damages to the complainant or to the
victim or the members of his family as the Commission may consider
necessary;
(ii) to initiate proceedings for prosecution or such other suitable action as the
Commission may deem fit against the concerned person or persons;
(iii) to take such further action as it may think fit;
2. approach the Supreme Court or the High Court concerned for such directions, orders or
writs as that Court may deem necessary;
3. recommend to the concerned Government or authority at any stage of the inquiry for
the grant of such immediate interim relief to the victim or the members of his family as
the Commission may consider necessary;
4. subject to the provisions of clause (e), provide a copy of the inquiry report to the
petitioner or his representative;
5. the Commission shall send a copy of its inquiry report together with its
recommendations to the concerned Government or authority and the concerned
Government or authority shall, within a period of one month, or such further time as
the Commission may allow, forward its comments on the report, including the action
taken or proposed to be taken thereon, to the Commission;
6. the Commission shall publish its inquiry report together with the comments of the
concerned Government or authority, if any, and the action taken or proposed to be taken
by the concerned Government or authority on the recommendations of the Commission.
Section 19. Procedure with respect to armed forces
1. Notwithstanding anything contained in this Act, while dealing with complaints of
violation of human rights by members of the armed forces, the Commission shall adopt
the following procedure, namely:
i. it may, either on its own motion or on receipt of a petition, seek a report
from the Central Government;
ii. after the receipt of the report, it may, either not proceed with the
complaint or, as the case may be, make its recommendations to that
Government.
2. The Central Government shall inform the Commission of the action taken on the
recommendations within three months or such further time as the Commission may
allow.
3. The Commission shall publish its report together with its recommendations made to the
Central Government and the action taken by that Government on such
recommendations.
4. The Commission shall provide a copy of the report published under sub-section (3) to
the petitioner or his representative.
Section 20. Annual and special reports of the Commission
1. The Commission shall submit an annual report to the Central Government and to the
State Government concerned and may at any time submit special reports on any matter
which, in its opinion, is of such urgency or importance that it should not be deferred till
submission of the annual report.
2. The Central Government and the State Government, as the case may be, shall cause the
annual and special reports of the Commission to be laid before each House of
Parliament or the State Legislature respectively, as the case may be, along with a
memorandum of action taken or proposed to be taken on the recommendations of the
Commission and the reasons for non-acceptance of the recommendations, if any.
State Human Rights Commissions
1. Introduction
2. Constitution of a State Human Rights Commission
3. Appointment of Chairperson and Other Members
4. Resignation and Removal of Chairperson and Members
5. Term of Office of Chairperson and Members
6. Member to act as chairperson or to discharge his functions in certain
circumstances
7. Functions and Powers of the Commission
8. Conclusion
1. Introduction
Section 21 to 29 The Protection of Human Rights Act of 1993 provides for the creation of State
Human Rights Commission at the state level. It is the watchdog of human rights in the state. A
State Human Rights Commission can inquire into violation of human rights related to subjects
covered under state list and concurrent list in the seventh schedule of the Indian constitution
2. Section 21 : Constitution of a State Human Rights Commission

A State Government may constitute a body to be known as the..................(name of the
State) Human Rights Commission to exercise the powers conferred upon, and to perform the
functions assigned to, a State Commission under this Chapter. The State Commission shall,
with effect from such date as the State Government may by notification specify, consist of—
 A Chairperson who has been a Chief Justice of a High Court;

(The Protection of Human Rights (Amendment) Act, 2019, amends this to provide that
a person who has been Chief Justice or Judge of a High Court will be chairperson of
a SHRC).
 One Member who is, or has been, a Judge of a High Court or District Judge in the
State with a minimum of seven years’ experience as District Judge;
 One Member to be appointed from among persons having knowledge of or practical
experience in matters relating to human rights.
There shall be a Secretary who shall be the Chief Executive Officer of the State Commission
and shall exercise such powers and discharge such functions of the State Commission as it may
delegate to him. (The Amendment Act, 2019, amends this and allows the Secretary to exercise
all administrative and financial powers (except judicial functions), subject to the respective
chairperson’s control.)
The headquarters of the State Commission shall be at such place as the State Government
may, by notification, specify.
A State Commission may inquire into violation of human rights only in respect of matters
relatable to any of the entries enumerated in List II and List III in the Seventh Schedule
to the Constitution: Provided that if any such matter is already being inquired into by the
Commission or any other Commission duly constituted under any law for the time being in
force, the State Commission shall not inquire into the said matter:
Two or more State Governments may, with the consent of a Chairperson or Member of a
State Commission, appoint such Chairperson or, as the case may be, such Member of another
State Commission simultaneously if such Chairperson or Member consents to such
appointment: Provided that every appointment made under this sub-section shall be made after
obtaining the recommendations of the Committee referred to in sub-section (1) of section 22
in respect of the State for which a common Chairperson or Member, or both, as the case may
be, is to be appointed.
3. Section 22 : Appointment of Chairperson and Other Members

The Chairperson and the Members of the State Human Rights Commission are appointed
by the Governor on the recommendations of a high- power Committee consisting of–
 The Chief Minister - Chairperson;
 Speaker of the Legislative Assembly - Member;
 Home Minister of the State - Member;
 Leader of the Opposition in the Legislative Assembly - Member:
Provided further that where there is a Legislative Council in a State, the Chairman of
that Council and the Leader of the Opposition in that Council shall also be members of the
Committee: Provided also that no sitting Judge of a High Court or a sitting district judge
shall be appointed except after consultation with the Chief Justice of the High Court of the
concerned State.
4. Section 23: Resignation and Removal of Chairperson and Members

The Chairperson or a Member of a State Commission may, by notice in writing under his
hand addressed to the Governor, resign his office. The Chairperson or any other Member of
the Commission shall only be removed from his office by order of the President on the ground
of proved misbehaviour or incapacity. However, in these cases, the President has to refer the
matter to the Supreme Court for an inquiry. If the Supreme Court, after the inquiry, upholds
the cause of removal and advises so, then the President can remove the Chairman or a member.
The President may remove the Chairperson or any other Member if he:
 is adjudged an insolvent; or
 paid employment outside his office; or
 is unfit to continue in office by reason of infirmity of mind or body; or
 is of unsound mind and stands so declared by a competent court; or
 is convicted and sentenced to imprisonment for an offence which in the opinion
of the President involves moral turpitude.
5. Section 24: Term of Office of Chairperson and Members
A person appointed as Chairperson shall hold office for a term of five years from the date
on which he enters upon his office or until he attains the age of seventy years, whichever is
earlier. A person appointed as a Member shall hold office for a term of five years from the
date on which he enters upon his office and shall be eligible for re-appointment for another
term of five years. The Protection of Human Rights (Amendment) Act, 2019 reduces the
term of office to three years or till the age of seventy years, whichever is earlier. And remove
the five-year limit for re-appointment of the members of the SHRC
6. Section 25: Member to act as chairperson or to discharge his functions in certain
circumstances
In the event of the occurrence of any vacancy in the office of the Chairperson by reason of
his death, resignation or otherwise, the Governor may, by notification, authorise one of the
Members to act as the Chairperson until the appointment of a new Chairperson to fill such
vacancy. When the Chairperson is unable to discharge his functions owing to absence on leave
or otherwise, such one of the Members as the Governor may, by notification, authorise in this
behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson
resumes his duties.
Functions and Powers of the Commission
7. Section 12. Functions of the Commission
Functions of the Commission are laid down under section 12 of the Act which are as
follows:-
1. Proactively or reactively inquire into infringements of human rights or negligence in
the prevention of such violation by a public servant
2. Intervene in any proceeding involving any allegation of violation of human rights
pending before a court with the approval of such court;
3. visit, notwithstanding anything contained in any other law for the time being in force,
any jail or other institution under the control of the State Government, where persons
are detained or lodged for purposes of treatment, reformation or protection, for the
study of the living conditions of the inmates thereof and make recommendations
thereon to the Government;
4. Review the safeguards provided by or under the Constitution or any law for the time
being in force for the protection of human rights and recommend measures for their
effective implementation;
5. Review the factors, including acts of terrorism that inhibit the enjoyment of human
rights and recommend appropriate remedial measures;
6. Study treaties and other international instruments on human rights and make
recommendations for their effective implementation;
7. Undertake and promote research in the field of human rights;
8. Spread human rights literacy among various sections of society and promote
awareness of the safeguards available for the protection of these rights through
publications, the media, seminars and other available means;
9. Encourage the efforts of non-governmental organisations and institutions working
in the field of human rights;
10. Such other functions as it may consider necessary for the protection of human rights.
Section 13: Powers of the Commission
1. The commission exercises the following powers while inquiring into the complaints of
violations of human rights:- The Commission shall, while inquiring into complaints
under this Act, have all the powers of a civil court trying a suit under the Code of Civil
Procedure, 1908, and in particular in respect of the following matters, namely :
i. Summoning and enforcing the attendance of witnesses and examining them on oath;
ii. Discovery and production of any document;
iii. Receiving evidence on affidavits;
iv. Requisitioning any public record or copy thereof from any court or office;
v. Issuing commissions for the examination of witnesses or documents;
vi. Any other matter which may be prescribed.
2. The Commission shall have power to require any person, subject to any privilege which
may be claimed by that person under any law for the time being in force, to furnish
information on such points or matters as, in the opinion of the Commission, may be
useful for, or relevant to, the subject matter of the inquiry and any person so required
shall be deemed to be legally bound to furnish such information within the meaning of
section 176 and section 177 of the Indian Penal Code.
3. The Commission or any other officer, not below the rank of a Gazetted Officer,
specially authorised in this behalf by the Commission may enter any building or place
where the Commission has reason to believe that any document relating to the subject
matter of the inquiry may be found, and may seize any such document or take extracts
or copies therefrom subject to the provisions of section 100 of the Code of Criminal
Procedure, 1973, in so far as it may be applicable.
4. The Commission shall be deemed to be a civil court and when any offence as is
described in section 175, section 178, section 179, section 180 or section 228 of the
Indian Penal Code is committed in the view or presence of the Commission, the
Commission may, after recording the facts constituting the offence and the statement
of the accused as provided for in the Code of Criminal Procedure, 1973, forward the
case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any
such case is forwarded shall proceed to hear the complaint against the accused as if the
case has been forwarded to him under section 346 of the Code of Criminal Procedure,
1973.
5. Every proceeding before the Commission shall be deemed to be a judicial proceeding
within the meaning of sections 193 and 228, and for the purposes of section 196, of the
Indian Penal Code, and the Commission shall be deemed to be a civil court for all the
purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
6. Where the Commission considers it necessary or expedient so to do, it may, by order,
transfer any complaint filed or pending before it to the State Commission of the State
from which the complaint arises, for disposal in accordance with the provisions of this
Act; Provided that no such complaint shall be transferred unless the same is one
respecting which the State Commission has jurisdiction to entertain the same.
7. Every complaint transferred under sub-section (6) shall be dealt with and disposed of
by the State Commission as if it were a complaint initially filed before it.
9. Section 14: Investigative Powers of the Commission
The commission exercises the following investigative powers while inquiring into the
complaints:-
1 The Commission may, for the purpose of conducting any investigation pertaining to the
inquiry, utilise the services of any officer or investigation agency of the Central
Government or any State Government with the concurrence of the Central Government
or the State Government, as the case may be.
2 For the purpose of investigating into any matter pertaining to the inquiry, any officer or
agency whose services are utilised under subsection (1) may, subject to the direction
and control of the Commission:
i. Summon and enforce the attendance of any person and examine him;
ii. Require the discovery and production of any document; and
iii. Requisition any public record or copy thereof from any office.
3 The provisions of section 15 shall apply in relation to any statement made by a person
before any officer or agency whose services are utilised under sub-section (1) as they
apply in relation to any statement made by a person in the course of giving evidence
before the Commission.
4 The officer or agency whose services are utilised under subsection (1) shall investigate
into any matter pertaining to the inquiry and submit a report thereon to the Commission
within such period as may be specified by the Commission in this behalf.
5 The Commission shall satisfy itself about the correctness of the facts stated and the
conclusion, if any, arrived at in the report submitted to it under sub-section (4) and for
this purpose the Commission may make such inquiry (including the examination of the
person or persons who conducted or assisted in the investigation) as it thinks fit.
PROCEDURE
Section 17. Inquiry into complaints
The Commission while inquiring into the complaints of violations of human rights may–
3. call for information or report from the Central Government or any State Government
or any other authority or organisation subordinate thereto within such time as may be
specified by it: Provided that–
i. if the information or report is not received within the time stipulated by
the Commission, it may proceed to inquire into the complaint on its own;
ii. if, on receipt of information or report, the Commission is satisfied either
that no further inquiry is required or that the required action has been
initiated or taken by the concerned Government or authority, it may not
proceed with the complaint and inform the complainant accordingly;
4. Without prejudice to anything contained in clause (i), if it considers necessary, having
regard to the nature of the complaint, initiate an inquiry.
Section 18. Steps during and after inquiry
The Commission may take any of the following steps during or upon the completion of an
inquiry held under this Act, namely:
7. where the inquiry discloses the commission of violation of human rights or negligence
in the prevention of violation of human rights or abetment thereof by a public servant,
it may recommend to the concerned Government or authority –
(i) to make payment of compensation or damages to the complainant or to the
victim or the members of his family as the Commission may consider
necessary;
(ii) to initiate proceedings for prosecution or such other suitable action as the
Commission may deem fit against the concerned person or persons;
(iii) to take such further action as it may think fit;
8. approach the Supreme Court or the High Court concerned for such directions, orders or
writs as that Court may deem necessary;
9. recommend to the concerned Government or authority at any stage of the inquiry for
the grant of such immediate interim relief to the victim or the members of his family as
the Commission may consider necessary;
10. subject to the provisions of clause (e), provide a copy of the inquiry report to the
petitioner or his representative;
11. the Commission shall send a copy of its inquiry report together with its
recommendations to the concerned Government or authority and the concerned
Government or authority shall, within a period of one month, or such further time as
the Commission may allow, forward its comments on the report, including the action
taken or proposed to be taken thereon, to the Commission;
12. the Commission shall publish its inquiry report together with the comments of the
concerned Government or authority, if any, and the action taken or proposed to be taken
by the concerned Government or authority on the recommendations of the Commission.
Section 19. Procedure with respect to armed forces
5. Notwithstanding anything contained in this Act, while dealing with complaints of
violation of human rights by members of the armed forces, the Commission shall adopt
the following procedure, namely:
i. it may, either on its own motion or on receipt of a petition, seek a report
from the Central Government;
ii. after the receipt of the report, it may, either not proceed with the
complaint or, as the case may be, make its recommendations to that
Government.
6. The Central Government shall inform the Commission of the action taken on the
recommendations within three months or such further time as the Commission may
allow.
7. The Commission shall publish its report together with its recommendations made to the
Central Government and the action taken by that Government on such
recommendations.
8. The Commission shall provide a copy of the report published under sub-section (3) to
the petitioner or his representative.
Section 20. Annual and special reports of the Commission
3. The Commission shall submit an annual report to the Central Government and to the
State Government concerned and may at any time submit special reports on any matter
which, in its opinion, is of such urgency or importance that it should not be deferred till
submission of the annual report.
4. The Central Government and the State Government, as the case may be, shall cause the
annual and special reports of the Commission to be laid before each House of
Parliament or the State Legislature respectively, as the case may be, along with a
memorandum of action taken or proposed to be taken on the recommendations of the
Commission and the reasons for non-acceptance of the recommendations, if any.
HUMAN RIGHTS COURTS
Section 30. For the purpose of providing speedy trial of offences arising out of violation of
human rights, the State Government may, with the concurrence of the Chief Justice of the High
Court, by notification, specify for each district a Court of Session to be a Human Rights Court
to try the said offences. Provided that nothing in this section shall apply if (a)a Court of Session
is already specified as a special court; or (b)a special court is already constituted, for such
offences under any other law for the time being in force.

Unit Iv English

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Unit Iv English

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UNIT IV

Human Rights and the Constitution of India

2. Rights under Indian Constitution

1 Human Rights in Preamble

1 Right to adequate means of livelihood.

2. Role of Judiciary in Protecting Human Rights

2. Right to Live with Human Dignity

6. Right to Health and Medical Care

11. Right to go Abroad

12. Right against Sexual Harassment at Workplace

13. Right to Free Legal Aid

14. Right to Speedy Trial

15. Right to get Pollution Free Water and Air

16. Right to Write a Book

In State of Maharashtra v. Prabhakar Pandurang, the petitioner while under detention in

17. Right to Education

18. Right to Social Security and Protection of Family

19. Right against Honour Killing

20. Right to Clean Environment

21. Right to Know or Right to Be Informed

In Reliance Petrochemicals Ltd. v. Proprietors of Indian Express Newspapers, Court ruled

22. Right against Illegal Detention

23. Right against Handcuffing

24. Right against Solitary Confinement

25. Right against Custodial Violence

26. Right against Public Hanging

Writs and Human Rights

Public Interest Litigation and Human Rights

Specified Fundamental Rights:-

Sl .no Rights Covenant on Civil

2. Equality before Law Article 14(1) Article 14

3. Prohibition of discrimination Article 26 Article 15

4. Equality of opportunity to public Article 25(c) Article 16(1)

5. Freedom of Speech Article 19(1)&(2) Article 19(1)(a)

6. Right for peaceful assembly Article 21 Article 19(1)(b)

7. Rights of freedom of Association Article 22(1) Article 19(1)(c)

8. Rights to move freely within the Article 12(1) Article 19(1)(d)&(e)

11. Not to be compared to testify Article 14(3) (g) Article 20 (3)

12. Right to life and liberty Article 6(1)& 9(1) Article 21

14. Freedom of conscience and Article 18 (1) Article 23

15 Protection of interests of Article 27 Article 29&30

2. Right to Travel Abroad:-

3. Right to speedy Trial:-

4. Right to provide Legal Assistance:-

5. Right of Prisoners to be Treated with Humanity:-

6. Right of not to be imprisoned for Inability to fulfil a contractual obligation:-

1. Indian Constitution bears the impact of the Universal Declaration of Human

Civil and Political Rights

SI No. Universal Declaration of Human Rights Indian constitution

3 Equality before Law and Non-discrimination (Art.7) Article 14 and 15

4 Right to effective remedy (Art.8) Article 32

Rights against arbitrary arrest, detention and right to habeas

6 Rights ex-post facto law [Art.11(2)] Article 20(1)

7 Right to freedom of movement [Art.13(1)] Article 19(1)(d)

Article 19 (1)(f) (but it was

9 Right to freedom of religion (Art.18) Article 25(1)

10 Right to freedom of opinion and expression (Art. 19) Article 19(1)(a)

Right to freedom of peaceful assembly and association

12 Right to equal access to public service [Art.21(2)] Article 16(1)

13 Right of social security (Art.22) Article 29(1)

14 Right of form and join Trade Unions (Art.23)(4) Article 19(1)(c)

3. Other Fundamental Rights (Unenumerated Fundamental Rights) or right not

1. Right to Travel Abroad