Human rights 6 dicriptive question answers

Q1: Suggest some changes that shall be required in the

present human rights mechanism in India to make it more
efficient and effective. Do you think that NHRC is toothless
tiger? If yes, do you think that the changes that you suggest in
the implementation and protection mechanism would
improve the state of affairs?

Ans: The protection and promotion of human rights is an active

responsibility of the state. In a democratic republic like India, any
violation of human rights in any part of the country would be a direct
attack on our  Constitutional principles. To secure protection and
further the enjoyment of human rights, National Human Rights
Commission (NHRC) was set up in 1993.

As per The Human Rights Act, 1993 the purpose of setting up NHRC is
for ‘better protection of Human Rights’. It can be said that the NHRC is
a guardian institution of human rights in our country, blessing all of us
with the security of equality, freedom and justice. To ensure that such a
wide variety of rights are protected of the citizens, and there is no
exploitation by government or private individuals or corporations, it is
important for this esteemed institution to be powerful independent
and unbiased, with effective mechanisms of redressal and
implementation of rights.

As a rights watchdog and protectorate of citizens’ dignity and liberties,

it has been more than 20 years since the Human Rights Act established
NHRC and SHRCs. In a recent report, Chairman of NHRC Justice H L
Dattu said that the NHRC is a toothless tiger!

The NHRC in its current form is facing a number of challenges, which

have restricted its powers and efficiency. Some of them are:

Limited Resources- Funds and personnel

No plurality of perspective in the composition of Commission

No clearly laid down function relationship between NHRC and different

SHRCs

It only has power to make recommendation- leaving implementation

and adoption of policies to government discretion

Limited intervention powers against Armed forces

No weight in recommendations as there is no power to penalise

authorities

NHRC does not have the power to take actions against private
individuals either

The Act is vague wrt appointment of members, it says three of the five
members of a human rights commission must be former judges but
does not specify whether these judges should have a proven record of
human rights activism or expertise or qualifications in the area.
The Commission is dependant heavily on the government- for
manpower, for seeking report against any armed personnel, etc.

No adequate regional representation

Despite these limitations, the Commission has played a significant role

in advocating for important issues, building constant pressure and act
as a reminder of the state obligations towards the rights. But it can be
clearly observed that the NHRC with its existing framework and
structure is not sufficient for actively and effectively protecting human
rights of the individuals.

Here are some of the suggestions that could be adopted:

Giving more independence to NHRC to investigate into matters relating

to armed forces

Immediate and effective implementation of Recommendations

Independent agencies, human rights experts, activists should be given a

seat on the table

NHRC should be given certain extent of judicial powers to take action

against authorities and private institutions

Regional centres with a proper hierarchy and assessment mechanism

should be in place

SHRCs should be made responsible and their work monitored

More accountability: Time limit should be set and late response should
not be tolerated.

It should be given independent powers to recruit and train personnel.

Dependence on government should be minimised, the NHRC should
have the power to seek reports and other information from various
sectors on its own.

Appointment procedure should be made more transparent and

unbiased

It is not that the NHRC is the panacea of all problems but it may help in
reducing the issues and challenges regarding human rights to a great
extent. In today’s’ date when International standards of human rights
are set high and communal tensions and ridges are on the rise in the
country, India cannot afford to have its primary human rights institute
to be flax and weak. It should be a robust watchdog: a blessing for all
the citizens and not just a formality.

Q2:- Cultural relativism is often used by states to justify

practices that violate the human rights of women and
children. Critically analyse this statement in the light of the
practice of Female Genital Mutilation.

Ans:

Female genital mutilation/cutting is a form of violence against women

and girls. It includes all procedures that involve the partial or total
removal of external genitalia or other injury to the female genital
organs for non-medical reasons. It is estimated that over 200 million
girls and women worldwide have suffered the effects of this practice
and that approximately 3.6 million girls and women are at risk each
year. Female genital mutilation/cutting violates several human rights
outlined under the Universal Declaration of Human Rights, the
Convention on the Elimination of all Forms of Discrimination against
Women, and the Convention on the Rights of the Child. Human rights-
based approaches to eradication include, but are not limited to, the
enforcement of laws, education programs focused on empowerment,
and campaigns to recruit change agents from within communities. 

A 2008 UN interagency statement defines FGM/C as a violation of

human rights, a form of discrimination on the basis of gender, and a
form of violence against girls.41 The practice violates several human
rights outlined under the Universal Declaration of Human Rights, the
Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), and the Convention on the Rights of the
Child.42 Article 3 of the Universal Declaration of Human Rights states
that everyone has the right to life, liberty, and security of person.
Unfortunately, in many countries, women and girls are not in full
control of their lives, their liberty, or their bodies.43

On December 18, 1979, the United Nations General Assembly adopted

CEDAW, which became effective on September 3, 1981.44 CEDAW
defines discrimination against women and outlines an agenda for
international action to end such discrimination.45 The convention’s
underlying philosophy is that “discrimination against women violates
the principles of equality of rights and respect for human
dignity.”46 Article 5 requires states parties to take measures to achieve
“the elimination of prejudices and customary and all other practices
which are based on the idea of the inferiority or the superiority of
either of the sexes.”47
Although CEDAW is intended to change the “social and cultural patterns
of conduct of men and women,” not all countries are willing
participants. Somalia is one of the few countries that has neither signed
nor ratified this convention, indicating an unwillingness to recognize
certain basic human rights. Somalia’s lack of participation in CEDAW
may also suggest that the country’s political activity and traditions need
to evolve from a legislative perspective.48

The Convention on the Rights of the Child refers to the ever-evolving

capacity of children to make their own decisions regarding matters that
directly affect them. However, in terms of FGM/C, even in cases where
there is an apparent agreement by girls to undergo the procedure, the
decision is a direct result of social pressure and community
expectations. A girl’s decision to undergo FGM/C therefore cannot be
deemed free, informed, or free of coercion.49 One of the guiding
principles of the Convention on the Rights of the Child is the primary
consideration of “the best interest of the child.”50 Some parents who
decide to subject their daughters to FGM/C believe that the benefits
outweigh the risks. However, this perception does not justify a
permanent and life-changing practice that constitutes a violation of
girls’ fundamental human rights.51 The convention makes explicit
reference to harmful traditional practices such as FGM/C. The
Committee on the Rights of the Child, as well as other United Nations
treaty monitoring bodies, has frequently stated that FGM/C is a
violation of human rights, calling on states parties to take all effective
and appropriate measures to abolish the practice.52

FGM/C violates a series of well-established human rights principles,

norms, and standards, including the principles of equality and non-
discrimination on the basis of sex, the right to life (when the procedure
results in death), the right to freedom from torture and cruel, inhuman,
or degrading treatment or punishment, and the rights of the
child.53 Because it interferes with healthy genital tissue in the absence
of medical necessity and can lead to severe consequences for a
woman’s physical and mental health, FGM/C is also a violation of a
person’s right to the highest attainable standard of health.54 Although
many governments worldwide recognize FGM/C as an act of violence
against women and girls and as a violation of human rights, the issue is
clouded in debate because the practice is deeply entrenched in culture
and tradition, making legislation difficult to approve and enforce

The reasons why female genital mutilations are performed vary from
one region to another as well as over time, and include a mix of
sociocultural factors within families and communities. The most
commonly cited reasons are:

Where FGM is a social convention (social norm), the social pressure to

conform to what others do and have been doing, as well as the need to
be accepted socially and the fear of being rejected by the community,
are strong motivations to perpetuate the practice. In some
communities, FGM is almost universally performed and unquestioned.

FGM is often considered a necessary part of raising a girl, and a way to

prepare her for adulthood and marriage.

FGM is often motivated by beliefs about what is considered acceptable

sexual behaviour. It aims to ensure premarital virginity and marital
fidelity. FGM is in many communities believed to reduce a woman's
libido and therefore believed to help her resist extramarital sexual acts.
When a vaginal opening is covered or narrowed (Type 3), the fear of
the pain of opening it, and the fear that this will be found out, is
expected to further discourage extramarital sexual intercourse among
women with this type of FGM.

Where it is believed that being cut increases marriageability, FGM is

more likely to be carried out.

FGM is associated with cultural ideals of femininity and modesty, which

include the notion that girls are clean and beautiful after removal of
body parts that are considered unclean, unfeminine or male.

Though no religious scripts prescribe the practice, practitioners often

believe the practice has religious support.

Religious leaders take varying positions with regard to FGM: some

promote it, some consider it irrelevant to religion, and others
contribute to its elimination.

Local structures of power and authority, such as community leaders,

religious leaders, circumcisers, and even some medical personnel can
contribute to upholding the practice. Likewise, when informed, they
can be effective advocates for abandonment of FGM.

In most societies, where FGM is practised, it is considered a cultural

tradition, which is often used as an argument for its continuation.

In some societies, recent adoption of the practice is linked to copying

the traditions of neighbouring groups. Sometimes it has started as part
of a wider religious or traditional revival movement.
Q3:- Do you agree that the concept of human rights is
unsuccessful given the constant rise in cases of violation of
rights? Support your argument in light of the George Floyd
case. Do you think the state's responsibility in situations as
such (which do not exhibit any sign of reduction when it
comes to number of cases and frequency of occurrence)
should be more than what it is in other cases of violation?
Ans:-

“I can’t breathe,” were the words George Floyd uttered with his hands
handcuffed behind his back, while a police officer kneeled directly on
his neck, refusing to move for more than seven minutes. 

When the police officer finally removed his knee from George’s neck,
George’s body was unresponsive. He was taken to a hospital where he
was pronounced dead.

George Floyd was an unarmed Black man. Earlier, a grocery clerk had
called the police thinking George had tried to use a forged currency in
the store, but that phone call proved to be fatal when the police
arrived. If the police hadn’t used force unlawfully, George would still be
alive today.
George’s death comes in the wake of a series of acts of racist violence
against Black Americans that illustrates astounding levels of violence
and discrimination in the USA. This includes the killing of a Black man
who was out jogging, Ahmaud Arbery; the killing of Breonna Taylor, a
Black woman who was sleeping in her apartment when the police
opened fire on her, and so many more.  The police commit human
rights violations at a shockingly frequent rate, particularly against racial
and ethnic minorities, and especially Black Americans. In 2019 alone,
the police were involved in the deaths of over 1,000 people in the
USA. Those aren’t just numbers, but a person's life: someone's parent,
sibling, cousin, nephew, spouse, child. 

The officers involved in George’s death have been fired from their jobs,
but this cannot be considered justice. George’s family and community
are calling for all those responsible to be held accountable and for
guarantees that this will not happen again. People in the USA are
protesting in the streets and demanding answers to George’s death,
but they are being met with repression by the police instead.

Take action now and call on USA authorities to make sure that all those
responsible in the death of George Floyd are held accountable.

The United States has made significant progress in recent decades on

eliminating racism and structural discrimination, but there is still a long
way to go and much work to be done to combat all forms of racism and
racial discrimination, from the criminal justice system and the housing
market to the education system and beyond.

The United States has ratified the International Convention on the

Elimination of All Forms of Racial Discrimination (ICERD), but it has
failed to fully implement the treaty. As a result, the United States has
fallen behind much of the rest of the world in some significant areas of
racial justice. Yes now on the basis of above discussion we agree that
the concept of human rights is unsuccessful given the constant rise in
cases of violation of rights.

Q4: Do you think that a lack of universal model of human

rights is the reason for an absence of an international human
rights mechanism? Do you think there is a disparity among the
regional human rights mechanisms? Which regional system do
you think is the most successful when it comes to human
rights protection? Support your answer with examples.

Ans

Regional human rights systems, consisting of regional instruments and

mechanisms, play an increasingly important role in the promotion and
protection of human rights. Regional human rights instruments (e.g.
treaties, conventions, declarations) help to localise international human
rights norms and standards, reflecting the particular human rights
concerns of the region. Regional human rights mechanisms (e.g.
commissions, special rapporteurs, courts) then help to implement these
instruments on the ground. Currently, the three most well-established
regional human rights systems exist in Europe, the Americas and Africa.

Europe
The regional arrangements for protecting human rights in Europe are
extensive, involving the Council of Europe, the European Union and the
Organisation for Security and Cooperation in Europe. Each of these
intergovernmental organisations has its own regional human rights
mechanisms and instruments. Some of the most longstanding and
developed of these exist in the Council of Europe, with instruments
including the European Convention on Human Rights (ECHR),
the European Social Charter and the European Convention for the
Prevention of Torture and Inhuman or Degrading Treatment or
Punishment, and corresponding mechanisms such as the European
Court of Human Rights, the European Committee of Social Rights and
the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment. The European system also has
a Commission against Racism and Intolerance, and a Commissioner for
Human Rights. The European Court of Human Rights, which is located in
Strasbourg, has jurisdiction over Council of Europe member States that
have opted to accept the Court’s optional jurisdiction. Once a state has
done so, all Court decisions regarding it are binding. The Court accepts
applications of instances of human rights violations from individuals as
well as States.

The Americas
In the Americas, a regional human rights arrangement (the inter-
American system for the protection of human rights) exists within the
intergovernmental organisation known as the Organisation of American
States (OAS). As with the United Nations (UN) human rights system, the
inter-American system features a declaration of principles (the
1948 American Declaration on the Rights and Duties of Man adopted
seven months before the Universal Declaration), a legally-binding treaty
(the American Convention on Human Rights, which entered into force
in 1978), as well as Charter-based and treaty-based implementation
mechanisms (the Inter-American Commission on Human Rights and
the Inter-American Court of Human Rights respectively). The Charter-
based system applies to all member states of the OAS, while the
Convention system is legally binding only on the States parties to it. The
two systems overlap and interact in a variety of ways. The Inter-
American Commission (based in Washington DC) was established under
the OAS Charter (Chapter XV) to promote and protect human rights in
the American hemisphere. It is composed of seven independent
members (Commissioners) who serve in a personal capacity. It receives
individual petitions, monitors the human rights situation in member
States and addresses priority thematic issues. The Inter-American
Commission has created several Rapporteurships, one Special
Rapporteurship and a Unit to monitor OAS States’ compliance with
inter-American human rights treaties. This includes: a Rapporteurship
on the Rights of Women, a Rapporteurship on the Rights of the Child, a
Rapporteurship on the Rights of Indigenous Peoples, a Rapporteurship
on the Rights of Persons Deprived of Liberty, a Rapporteurship on
Migrant Workers and their Families, a Rapporteurship on the Rights of
Afro-Descendants and against Racial Discrimination, a Rapporteurship
on Human Rights Defenders, and a Special Rapporteur for Freedom of
Expression. This last position is the only Special Rapporteurship at the
IACHR, meaning that the mandate-holder is dedicated full-time to the
job (all other mandates are held by Commissioners). A Unit on the
Rights of Lesbian, Gay, Trans, Bisexual, and Intersex Persons was
created in 2011. The Inter-American Court of Human Rights (based in
San Jose, Costa Rica) has two main responsibilities. First, to hear cases
submitted to it by the Commission or a State Party to the Convention
and judge whether or not a violation has been committed. The
sentence is binding and cannot be appealed, but the system does not
provide for means of enforcement. Second, the Court gives advisory
opinions interpreting the American Convention or other international
agreements relevant to the protection of human rights in the Americas.
All OAS member States, the Commission, and OAS organs to a limited
extent, can ask the Court for an advisory opinion. The member States
can also ask for an opinion on the compatibility of national law with
international instruments.
Africa
The African regional human rights system has been established within
the intergovernmental organisation known as the African Union. The
main regional human rights instrument in Africa is the 1981 African
Charter on Human and Peoples’ Rights, and the main mechanisms are
the African Commission on Human and Peoples’ Rights and the
recently-established African Court on Human and Peoples’ Rights. The
African Charter (which entered into force in 1986) incorporates
universal human rights standards and principles, but also reflects the
virtues and values of African traditions. Thus, the African Charter is
characterised by the concept of a reciprocal relationship between the
individual and the community, linking individual and collective rights.
The African Charter established an African Commission for Human
Rights, located in Banjul, Gambia. It is a quasi-judicial body made up of
eleven independent experts and tasked with promoting and protecting
human rights and collective (peoples’) rights throughout the African
continent (by receiving periodic reports from States Parties on the
implementation of the Charter’s provisions) as well as interpreting the
African Charter and considering individual complaints of violations of
the Charter. The African Commission has also established
several Special Mechanisms including six Special Rapporteurs who
monitor, investigate and report on allegations of violations in member
states of the African Union, and eleven working groups, committees or
study groups that monitor and investigate human rights issues under
the purview of the Commission. The Special Rapporteur mandates
cover: Extra-judicial, Summary or Arbitrary Execution; Freedom of
Expression and Access to Information; Human Rights Defenders; Prisons
and Conditions of Detention; Refugees, Asylum Seekers, Migrants and
Internally Displaced Persons; and Rights of Women. The Working
Groups cover specific issues related to the work of the African
Commission; Indigenous Populations/Communities in Africa; Economic,
Social and Cultural Rights; Rights of Older Persons and People with
Disabilities; the Death Penalty; Extractive Industries, Environment and
Human Rights Violations; Fair Trial; and Communications. And finally,
there is a Committee for the Prevention of Torture in Africa; a
Committee on the Protection of the Rights of People Living with HIV;
and a Study Group on Freedom of Association. The African Court on
Human and Peoples’ Rights was established in 2004 following the entry
into force of a Protocol to the African Charter  on the Establishment of
an African Court on Human and Peoples’ Rights. The Court has
jurisdiction over all cases and disputes submitted to it concerning the
interpretation and application of the African Charter, the Protocol, and
any other relevant human rights instrument ratified by the States
concerned.

Q5:- Could cyber-crime be said to be a threat to human rights?

Which rights of an individual do you think are at stake in such
cases? Also, what would be the nature of the state
responsibility given that the perpetrators of such crimes are
individuals?

Ans:

introuction
Day in and day out we find human rights violations and privacy of an
individual is at stake with the recent advancements in the cyber space. A
sincere effort is made to focus on the asserted boundlessness” of cyber
space in order to examine how and to what extent the activities are
centered round. Before we go deep into the subject, it is appropriate and
necessary to understand the meaning and scope of cyber space.

Cyber crime and cyber law

Cyber Law is the law governing cyberspace. Cyber law is a very wide term
and includes computers, networks, software, data storage devices (such as
hard discs, USB (universal serial bus controllers) discs, pen drives, flash
drives etc.); the internet, websites, electronic mails and even electronic
devices such as cellular phones, ATM (Automated Teller Machines) etc.

Cyber law deals with the following:

1. Cyber Crimes

2. Electronic and Digital Signatures

3. Intellectual Property
4. Data protection and Privacy

Cyber-crimes: These crimes are unlawful acts where the computer is used
either as a tool or a target or both.
Cyber-crime usually includes the following:
 Unauthorized access of the computers
 Data didling
 Virus / worms attack
 Theft of computer system
 Hacking
Electronic Signatures: These are used to authenticate electronic records.
Digital signatures are one type of electronic signature. Digital signatures
satisfy three major requirements -finger authentication (impression-
biometric), message authentication and message integrity.

Intellectual Property: Intellectual Property refers to creations of the human

mind, eg: a story, a song, a design, a program etc. The facets of intellectual
property that relate to cyber space are covered by cyber law.

Data Protection and Privacy: Laws aim to achieve a fair balance between the
privacy of the individual and the interests of data controllers such as banks,
hospitals, electronic mail service providers etc.

Cyber cime and human right

Cyber Bullying
Perhaps the most well-known “Cyber” form of offensive behavior is “Cyber
Bullying”.Cyber bullying is defined as a person (or a group of people) using
technology to repeatedly and intentionally use negative words and / or
actions against a person which causes distress and risks that person’s well-
being.

Impact of Cyber Bullying:

The following are the impacts of cyber bullying:

 • The right to the highest attainable standard of physical and mental
health.Bullying can impact negatively on a person’s physical and mental
health causing harm in the form of physical injuries, stress-related illness,
depression and other health issues.
• Right to work and fair working conditions. Bullying can lead to higher
absenteeism from the workplace, poor or reduced performance and an
unsafe working environment.
• The right to freedom of expression and to hold opinions without
interference. Bullying can impact on a person’s freedom to express
feelings or opinions as they no longer feel safe to do so.
• The right to be free from violence, whether physical or mental.

Cyber Racism

There are many examples of cyber- racism on the internet from racist
individual Facebook posts to group pages specifically set up a racist purpose.

Cyber-Sexism/Sexual Harassment
Instances of Cyber-Sexism are similarly numerous. Other examples of Cyber-
Sexism, Sexual harassment include “Creep Shots” where man take pictures
of intimate body parts of unsuspecting women snapped on the street or in
their private places and load them on a publicly accessible website.18

Cyber Hemophobia
The incidence of homophobic cyber-bullying has increased greatly in recent
years with the proliferation of online social networking tools.19 In U.S.A, a
student killed himself shortly after discovering that his roommate had
secretly used a webcam to stream his sexual intimate actions with another
man over the internet.
It is thus evident that the internet is being used in different ways to facilitate
various forms of discrimination and harassment

Action Plan-Task Ahead

The need of the hour is how to arrest/ check the misdeeds of the
miscreants of cyber-crime which is now a challenging job ahead of
the administration, departments and governments throughout the
world, day in and day out. It is easily said rather than done.
Indeed, it is a million-dollar question posed to the investigating
officers, bureaucrats and the concerned authorities.
Despite law reforms, multifaceted actions by several fora there are
no signs of decrease or reduction in cyber-crimes but the
miscreants have chosen discrete actions in various forms and not
being booked for obvious reasons.
It is now evident that upcoming years will experience more
cyberattacks.
So organizations are advised to prevent their data supply
chains with better inspection methods.

 Stringent regulatory rules are put in place by many

countries to prevent unauthorized access to networks.
Such acts are declared as penal offences.
 The growing awareness on privacy is another upcoming
trend. Google’s chief internet expert Vin Cerf has stated
that privacy may actually be an anomaly.
 Cloud Computing is another trend. With more
advancements in the technology, huge volumes of data will
flow into the cloud which is not completely immune to
cyber-crimes.

There are some grave cyber law related issues that deserve
immediate consideration by the Government of India.
Following are some major issues:
 A better cyber law and effective cyber-crime prevention
strategy
 Cyber-crimes investigation training requirements
 Formulation of dedicated encryption laws

 Legal adoption of cloud computing

 Formation and implementation of e-mail policy
 Legality of online gambling and online pharmacies
 Legality of Bitcoins
 Framework for blocking websites
 Regulation of mobile applications
With the formation of cyber law compulsions, the obligation of
banks for cyber theft and cyber-crimes would considerably
increase in the near future. Indian Banks would require keeping a
dedicated team of cyber law experts or seeking help of external
experts in this regard.
The transactions of cyber-insurance should be increased by the
Indian Insurance sector as a consequence of the increasing cyberattacks
and cyber-crimes.

Expanding Cyber Security

Due to ever-increasing dependence on the internet, the biggest
challenge we face today is the security of information from
miscreants. Therefore, it is a must to promote research and
development in cyber security, so that we can come up with
robust solutions to mitigate cyber-attacks.
Cyber security research is the area that is concerned with
preparing solutions to deal with cyber criminals.

Q6:- The origin of fundamental rights and human rights could

be traced to a common goal of ensuring a dignified life to
every individual. Do you think (in the current state of affairs in
India) this goal has been achieved? Why/why not? Support
your answer with examples.

Ans;-

The Fundamental Rights, Directive Principles of State

Policy and Fundamental Duties are sections of the Constitution of
India that prescribe the fundamental obligations of the states to its
citizens and the duties and the rights of the citizens to the State. These
sections comprise a constitutional bill of rights for government policy-
making and the behaviour and conduct of citizens. These sections are
considered vital elements of the constitution, which was developed
between 1947 and 1949 by the Constituent Assembly of India.
The Fundamental Rights are defined as the basic human rights of all
citizens. These rights, defined in Part III of the Constitution, applied
irrespective of race, place of birth, religion, caste, creed, or gender.
They are enforceable by the courts, subject to specific restrictions.
The Directive Principles of State Policy are guidelines for the framing of
laws by the government. These provisions, set out in Part IV of the
Constitution, are not enforceable by the courts, but the principles on
which they are based are fundamental guidelines for governance that
the State is expected to apply in framing policies and passing laws.
The Fundamental Duties' are defined as the moral obligations of all
citizens to help promote a spirit of patriotism and to uphold the unity of
India. These duties set out in Part IV–A of the Constitution, concern
individuals and the nation. Like the Directive Principles, they are not
enforceable by courts unless otherwise made enforceable by
parliamentary law.
The Fundamental Rights and Directive Principles had their origins in
the Indian independence movement, which strove to achieve the
values of liberty and social welfare as the goals of an independent
Indian state. The development of constitutional rights in India was
inspired by historical documents such as England's Bill of Rights,
the United States Bill of Rights and France's Declaration of the Rights of
Man. The demand for civil liberties formed an important part of the
Indian independence movement, with one of the objectives of
the Indian National Congress (INC) being to end discrimination between
the British rulers and their Indian subjects. This demand was explicitly
mentioned in resolutions adopted by the INC between 1917 and
1919. The demands articulated in these resolutions included granting to
Indians the rights to equality before the law, free speech, trial by juries
composed at least half of Indian members, political power, and equal
terms for bearing arms as British citizens.
The experiences of the Second World War, the
unsatisfactory Montagu–Chelmsford Reforms of 1919, and the rise to
prominence of M. K. Gandhi in the Indian independence movement
marked a change in the attitude of its leaders towards articulating
demands for civil rights. The focus shifted from demanding equality of
status between Indians and the British to assuring liberty for all Indians.
The Commonwealth of India Bill, drafted by Annie Beasant in 1925,
specifically included demands for seven fundamental rights – individual
liberty, freedom of conscience, free expression of opinion, freedom of
assembly, non-discrimination on the ground of sex, free elementary
education and free use of public spaces. In 1927, the INC resolved to set
up a committee to draft a "Swaraj Constitution" for India based on a
declaration of rights that would provide safeguards against oppression.
The 11-member committee, led by Motilal Nehru, was constituted in
1928. Its report made a number of recommendations, including
proposing guaranteed fundamental rights to all Indians. These rights
resembled those of the American Constitution and those adopted by
post-war European countries, and several of them were adopted from
the 1925 Bill. Several of these provisions were later replicated in
various parts of the Indian Constitution, including the Fundamental
Rights and Directive Principles.
In 1931, the Indian National Congress, at its Karachi session, adopted a
resolution committing itself to the defence of civil rights and economic
freedom, with the stated objectives of putting an end to exploitation,
providing social security and implementing land reforms. Other new
rights proposed by the resolution were the prohibition of State
titles, universal adult franchise, the abolition of capital punishment and
freedom of movement. Drafted by Jawaharlal Nehru, the resolution,
which later formed the basis for some of the Directive Principles, placed
the primary responsibility of carrying out social reform on the State,
and marked the increasing influence of socialism and Gandhian
philosophy on the independence movement. The final phase of the
Independence movement saw a reiteration of the socialist principles of
the 1930s, along with an increased focus on minority rights – which had
become an issue of major political concern by then – which were
published in the Sapru Report in 1945. The report, apart from stressing
on protecting the rights of minorities, also sought to prescribe a
"standard of conduct for the legislatures, government and the courts".
During the final stages of the British Raj, the 1946 Cabinet Mission to
India proposed a Constituent Assembly to draft a Constitution for India
as part of the process of transfer of power. The Constituent Assembly
of India, composed of indirectly elected representatives from
the British provinces and Princely states, commenced its proceedings in
December 1946, and completed drafting the Constitution of India by
November 1949. According to the Cabinet Mission plan, the Assembly
was to have an Advisory Committee to advise it on the nature and
extent of fundamental rights, protection of minorities and
administration of tribal areas. Accordingly, the Advisory Committee was
constituted in January 1947 with 64 members, and from among these a
 twelve-member sub-committee on Fundamental Rights was appointed
under the chairmanship of J. B. Kripalani in February 1947. The sub-
committee drafted the Fundamental Rights and submitted its report to
the Committee by April 1947, and later that month the Committee
placed it before the Assembly, which debated and discussed the rights
over the course of the following year, adopting the drafts of most of
them by, December 1948. The drafting of the Fundamental Rights was
influenced by the adoption of the Universal Declaration of Human
Rights by the U.N. General Assembly and the activities of the United
Nations Human Rights Commission, as well as decisions of the U.S.
Supreme Court in interpreting the Bill of Rights in the American
Constitution. The Directive Principles, which were also drafted by the
sub-committee on Fundamental Rights, expounded the socialist
precepts of the Indian independence movement, and were inspired by
similar principles contained in the Irish Constitution. The Fundamental
Duties were later added to the Constitution by the 42nd Amendment in
1976

Comparison between Universal Declaration of Human Rights, 1948 and

Fundamental Rights Part-III of Indian Constitution
Indian Constitution
Article 14: The state shall not deny to any person equality
before the law.
Article 19: Freedom of speech,assembly, association etc.
Article 21: No person shall be deprived of his life or personal
liberty except according toprocedure established by law
Article 23(1): Traffic in humanbeings and other similar
forms of forced labour are prohibited.
Article 32(1): The Right to move the Supreme Court ….
For enforcement of Fundamental Rights
Universal Declaration of Human Rights, 1948
Article 1: All are equal before the law and so on…….
Article 19: Everyone has a right to freedom of opinion and expression.
Article 3: Everyone has the right to life, liberty and security of person.
Article 4: No one shall be held in slavery or servitude ….
Article 8: Everyone has the right to an effective remedy………. For
violating fundamental rights.

In the Indian Constitution, the justiciable human rights broadly

speaking, were included in part-III, while the non-justiciable
social and economic rights were set forth in part-IV in the
Directive Principles of State Policy8
The Directive Principles of State Policy are mentioned in part-IV of
the Constitution of India covering Articles from 36 to 51. The
Directive Principles of State Policy are not enforceable. Universal
Declaration of Human Rights speaks of similar rights.

Criticism and analysis

Fewer children are now employed in hazardous environments, but their
employment in non-hazardous jobs, prevalently as domestic help,
violates the spirit of the constitution in the eyes of many critics and
human rights advocates. More than 16.5 million children are in
employment. India was ranked 88 out of 159 countries in 2005,
according to the degree to which corruption is perceived to exist
among public officials and politicians. The year 1990–1991 was declared
as the "Year of Social Justice" in the memory of B.R. Ambedkar. The
government provides free textbooks to students belonging to
scheduled castes and tribes pursuing medicine and engineering
courses. During 2002–2003, a sum of Rs. 4.77 crore was released for
this purpose. In order to protect scheduled castes and tribes from
discrimination, the government enacted the Scheduled Caste and
Scheduled Tribe (Prevention of Atrocities) Act, 1989, prescribing severe
punishments for such actions.
The Minimum Wages Act of 1948 empowers government to fix
minimum wages for people working across the economic
spectrum. The Consumer Protection Act of 1986 provides for the better
protection of consumers. The Equal Remuneration Act of 1976 provides
for equal pay for equal work for both men and women. The Sampoorna
Grameen Rozgar Yojana (Universal Rural Employment Program) was
launched in 2001 to attain the objective of providing gainful
employment for the rural poor. The program was implemented through
the Panchayati Raj institutions.
A system of elected village councils, known as Panchayati Raj covers
almost all states and territories of India. One-third of the total of
number of seats have been reserved for women in Panchayats at every
level; and in the case of Bihar, half the seats have been reserved for
women. The judiciary has been separated from the executive "in all the
states and territories except Jammu and Kashmir and Nagaland." India's
foreign policy has been influenced by the Directive Principles. India
supported the United Nations in peace-keeping activities, with
the Indian Army having participated in 37 UN peace-keeping
operations.
The implementation of a uniform civil code for all citizens has not been
achieved owing to widespread opposition from various religious groups
and political parties. The Shah Bano case (1985–86) provoked a political
firestorm in India when the Supreme Court ruled that Shah Bano, a
Muslim woman who had been divorced by her husband in 1978 was
entitled to receive alimony from her former husband under Indian law
applicable for all Indian women. This decision evoked outrage in the
Muslim community, which sought the application of the Muslim
personal law and in response the Parliament passed the Muslim
Women (Protection of Rights on Divorce) Act, 1986 overturning the
Supreme Court's verdict. This act provoked further outrage, as jurists,
critics and politicians alleged that the fundamental right of equality for
all citizens irrespective of religion or gender was being jettisoned to
preserve the interests of distinct religious communities. The verdict and
the legislation remain a source of heated debate, with many citing the
issue as a prime example of the poor implementation of Fundamental
Right