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Teaching Plan

of
HUMAN RIGHTS LAW

for
B.A.LL.B.(Hons.)

Semester: VI
Session: Feb - May, 2021

Prepared by:
Dr. Veena Roshan Jose
Assistant Professor
DNLU

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Table of Contents
Sr. No. Contents Page No.

1. Outline of the Course 3

2. Objectives of the Course 5

3. Syllabus 6

4. Teaching Plan 7

5. Reference Material 8

6. List of Assignments/Projects 10

7. Important Instructions 14

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1. OUTLINE OF THE COURSE

The notion of human rights is as old as humanity itself. The idea of human rights reflects
civilizational values. History reveals that in all civilizations, at every point of time, there existed a
set of rights for the individuals. These basic and minimal rights which existed throughout history,
we refer to as “human rights” today. Human rights are those rights to which every human being
inhabiting any part of the world should be deemed entitled, merely by virtue of having been born
as a human being in this society. Thus, in the basic understanding, human rights are those minimal
rights which are meant for the people to have their rights protected from the encroaching powers
of the state. The said rights are also essential for the adequate development of the human
personality and human happiness. Human rights being quintessential for the overall development
of the human society and thus should be protected and made available to all by law.

The idea of human rights per se is a formal recognition of the natural rights. They form an
indispensable part of a meaningful life. These rights are available to the individuals by the very
fact that they are born as human beings in the human society. However, the history of human rights
has not been a linear equation, where the King has been a tyrannical master. It was always been a
struggle between the subjects and the king for recognition of their rights. This constant endeavour
has brought into existence the modern notion of human rights; be it Magna Carta of 1215, or the
Petition of Rights, 1628, the Declaration of Rights of Man and the Citizens, 1789, or the US Bill
of Rights, 1791, or Universal Declaration of Human Rights (UDHR), 1948.

The two World Wars took place in the beginning of 20th century reveled and stressed the need for
an institutional framework to protect the human rights. The establishment of the United Nations in
1945 gave a huge impetus to the identification and codification of natural rights, as human rights.
The drafting of UDHR in 1948 is considered to be the beginning of the enumeration of human
rights in the modern world. The basic human rights enshrined in the UDHR was further expanded
and materialized at the international level by the two International Covenants of 1966 (ICCPR &
ICESCR). The Constitutions which came into existence after 1950’s also have incorporated the
basic individual rights, which we call as ‘human rights’ today.

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Followed by the International Covenants of 1966, from the mid-1970’s and particularly after the
end of the Cold War, it can be seen that the specific human rights have been embedded in numerous
International Conventions, and courts decisions- at the domestic, regional and international levels.
However, in reality, the international human rights movements display a political and economic
framework which portrays inequalities within and between the societies. Moreover, globalization
has made serious changes and deeper shifts in global politics in the 21st Century. In this era of
globalization, whether human rights remain as an aspiration or it has been elevated to the status of
legally enforceable rights is an important point of discussion.

There is no denial of the fact that Human rights is a theme on which much has been written and
ventilated, but it continues to remain one of the burning topics of the contemporary era. When we
look at the development of the concept of human rights in the modern period, we can see that
initially, the focus was to enumerate the civil and political rights, and we called such rights as the
first-generation human rights. The social, economic and cultural rights were in focus in the next
stage and we refer the same as the second generation of human rights. The next stage of
development of human rights looked into the problems of vulnerable sections including women,
children, indigenous peoples, minorities, including sexual minorities and so on, and identified the
measures to be adopted for the realization of human rights of these sections. This third stage
witnessed the emergence of the right based approach to development and initiatives of massive
human rights education programmes. People became more conscious about their collective rights
such as right to self-determination and right to clean and healthy environment. Such rights are
termed as the third-generation human rights.

However, 21st century is witnessing the emergence of various human rights issues as a result of
the advancement in science and technology. In this era of globalization, when science and
technology is racing out of legal control, human rights concerns are to be taken care seriously, as
there are multiple actors, other than the Government or public authorities, which are violators of
human rights. The fourth-generation human rights are the rights of future generations and such
rights belong to the humanity as a whole.

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2. OBJECTIVES OF THE COURSE

The course introduces the conceptual foundations of the concept of human rights from a historical,
political, legal and philosophical perspectives. It traverses through the evolution of the concept of
human rights and examines the key instruments and documents on the development of human
rights. The course intends to provide a thorough understanding of the principles, instruments and
institutions relating to human rights at the national and international levels. It identifies major
international conventions/declarations/treaties governing human rights and identifies the
mechanisms for monitoring and enforcing human rights standards. The course also aims to explore
the international as well as regional instruments pertaining to human rights and its application in
the national framework.

The course seeks to analyse the ways in which allegations of human rights violations are dealt
within the national legal framework of India. It also provides an overview of the current issues and
debates in relation to human rights and tries to find out how such human rights issues are settled
in the national and international framework.

3. EXPECTED OUTCOME OF THE COURSE

On successful completion of this course, the students will be able to:

▪ be equipped as to how to research, and find the important instruments on human rights.
▪ get a thorough idea on the nature of rights, violations of rights, by whom, and remedies
available for such violations.
▪ identify, explain, and critically analyze the application of human rights law and norms to
▪ address human rights violations and abuses.
▪ know the three generations of human rights and its implications on the international and
national human rights regime.

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4. SYLLABUS

Module I
INTRODUCTION TO HUMAN RIGHTS
▪ Concept of Rights and Human Rights
▪ Historical evolution of Human Rights
▪ Generations of Human Rights
▪ Universalism v. Cultural Relativism

Module II
HUMAN RIGHTS IN THE INTERNATIONAL FRAMEWORK
▪ Human Rights under the Charter of United Nations
▪ International Bill of Rights: UDHR
▪ ICCPR & ICESCR
▪ Implementation of Human Rights under the UN Framework

Module III
HUMAN RIGHTS UNDER THE INDIAN LEGAL FRAMEWORK
▪ Human Rights under the Indian Legal Framework
▪ Role of Indian Judiciary in Articulating Human Rights
▪ Limitations on the Enjoyment of Human Rights
▪ Right to Development & Environment

Module: IV
HUMAN RIGHTS: EMERGING TRENDS
▪ Right to Life: Capital Punishment and Euthanasia
▪ Science, Technology and Human Rights
▪ Business Community and Human Rights
▪ Emergence of Non-State Entities and Human Rights

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5. TENTATIVE LECTURE/TEACHING SCHEDULE

Sr. Topic Number of


No. Lectures

Module I

1. Concept of Rights and Human Rights 03

2. Historical evolution of Human Rights 03

3. Generations of Human Rights 03

4. Universalism v. Cultural Relativism 02

Total Lectures 11

Module II

5. Development of Human Rights under the United Nations 03

6. International Bill of Rights: UDHR 02

7. ICCPR, ICESCR 04

8. Implementation of Human Rights under the UN 02


Framework

Total Lectures 11

Module III

9. Human Rights under the Indian Legal Framework 03

10. Role of Indian Judiciary in Articulating Human Rights 03

11. Limitations on the Enjoyment of Human Rights 02

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12. Right to Development & Environment 03

Total Lectures 11

Module IV

13. Right to Life: Capital Punishment and Euthanasia 04

14. Science, Technology and Human Rights 06

15. Business Community and Human Rights 02

16. Emergence of Non-State Entities and Human Rights 03

Total Lectures 15

Total Lectures Proposed to be delivered : 48

6. REFERENCE MATERIALS

1. Books:

i. Henry J. Steiner and Philip Alston, International Human Rights in Context: Law, Politics,
Morals, Second Edition, Oxford and New York: Oxford University Press, 2000.
ii. Rebecca J. Cook (ed), Human Rights of Women: National and International Perspectives
(Philadelphia: University of Pennsylvania Press, 1994).
iii. Hurst Hannum (ed.), International Human Rights: Problems of Law, Policy, and Practice
(Aspen, 2011).
iv. Ben Boer (ed), Environmental Law Dimensions of Human Rights (OUP, 2015).
v. Ilias Bantekas, Lutz Oette, International Human Rights Law and Practice, Cambridge
University Press, (2013).
vi. Scott Sheeran, Sir Nigel Rodley, Routledge Handbook of International Human Rights
Law, (2014).
vii. G. S. Bajwa, Human Rights in India: Implementation and Violations, (1995).

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2. Articles:

i. Carl Wellman, Solidarity, the Individual and Human Rights, Human Rights Quarterly Vol.
22, No. 3 (Aug., 2000), pp. 639-657
ii. Burns H. Weston, Human Rights, Human Rights Quarterly Vol. 6, No. 3 (Aug., 1984),
pp. 257-283.
iii. Mashood A. Baderin & Manisuli Ssenyonjo, Development of International Human Rights
Law Before and After the UDHR, Ashgate Publishing, (2010).
iv. Surya Deva, Human Rights Realization in an Era of Globalization: The Indian Experience
Buffalo Human Rights Law Review, Vol. 12, pp. 93-138, (2006).
v. Jennifer A. Westaway, Globalisation, Transnational Corporations and Human Rights - A
New Paradigm, (2011).

3. International Instruments/ Statutes:

i. Charter of the United Nations, 1945


ii. Universal Declaration of Human Rights, 1948
iii. International Covenant on Civil and Political Rights, 1966
iv. International Covenant on Social, Economic and Cultural Rights, 1966
v. UN Convention on Elimination of All Forms of Discrimination Against Women,
1979
vi. UN Convention on the Rights of Child, 1989
vii. UN Convention on the Rights of Disabled, 2006
viii. UN Declaration on Right to Development, 1986
ix. The Constitution of India, 1950
x. Protection of Human Rights Act, 1993

7. LIST OF ASSIGNMENT/PROJECT TOPICS

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ROLL NO. NAME OF THE TOPIC
STUDENT
BAL/001/18 Aaditya Kashyap Concept of Human Duties and Human Rights
BAL/002/18 Abhinav Jena Trace the evolution of the concept of Human
Rights from the ancient period.
BAL/003/18 Abhiroop Rathore Historical development of the concept of human
rights in ancient India
BAL/004/18 Abhishek Verma Define ‘rights’. What are the various
classifications of rights? Distinguish between
positive rights and negative rights.
BAL/005/18 Abhyudaya Yadav Distinguish between Constitutional rights,
fundamental rights, legal rights, statutory rights
and human rights
BAL/006/18 Adhiraj Pratap Lath Classification of Rights: Civil, Political, Social,
Economic & Cultural
BAL/007/18 Aditi Richa Tiwary The internationalization of human rights and the
universalization of human rights
BAL/008/18 Aditya Puri Individual Rights v. Collective Rights
BAL/009/18 Ajay Prajapati Enforcement of human rights under the
International Law
BAL/010/18 Aman Usmani Procedures for making complaints of human rights
violations within the UN system.
BAL/011/18 Amita Singh Thakur Analyse the theoretical basis of human rights
BAL/012/18 Ankur Shah Discuss the State’s International Obligation to
Protection of Human Right
BAL/013/18 Anmol Narang Human Rights as non-derogatory rights
BAL/014/18 Annapurna Nahar Institutional framework of the European system
for the protection of human rights and fundamental
freedoms
BAL/015/18 Anoop Kumar First Generation Human Rights
Bardiya
BAL/016/18 Anoop Singh Rajput Second Generation Human Rights
BAL/017/18 Anshita Dave Third Generation Human Rights
BAL/018/18 Anushka Shrivastava Fourth Generation Human Rights
BAL/019/18 Arpit Sanjar Human Rights of Children: International
Perspectives
BAL/020/18 Arushi Agarwal Generations of Human Rights: Whether it is a
workable classification today?
BAL/021/18 Ashutosh Human Rights of the Disabled: International
Perspectives
BAL/022/18 Ashutosh Gautam Human Rights of Women: International
Perspectives
BAL/023/18 Ashutosh Khandelwal Human Rights of the Elderly

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BAL/024/18 Ayush Singhal Role of judiciary in enforcing the human rights in
India
BAL/025/18 Balram Jat Significance of regional documents on human
rights in the background of cultural relativism
BAL/026/18 Bhavya Gupta Impact of Globalisation on Human Rights
BAL/027/18 Bhumika Chouksey Human Rights of indigenous Peoples
BAL/028/18 Bulbul Kumari Concept of sanctity of life
BAL/029/18 Charvi Yadav Human Right to Environment
BAL/033/18 Gaurav Dauneria Progress in information technology and its impact
on human rights.
BAL/034/18 Harshit Rathore Human Right to Development
BAL/035/18 Himanshu Chhangani Critical evaluation of the role of UN in the
protection of Human Rights
BAL/036/18 Hiya Prakash Human organ and tissue transplantation: Human
Rights dimensions
BAL/037/18 Hrithik Jatwa Human Rights dimensions of Art. 21 of the Indian
Constitution
BAL/038/18 Ipsita Ghanshala Impact of Science and Technology on Human
Rights
BAL/039/18 Ishaan Tripathi Human rights concerns involved in Deception
Detection Techniques
BAL/040/18 Ishita Human rights concerns involved in the clinical
drug trial
BAL/041/18 Ishita Shrivastava Terrorism as a mass human rights violation
BAL/042/18 Jayant Parmar Role of NGO’s in the protection of human rights
BAL/043/18 Jyoti Singh Impact of Human Rights Movements and Criminal
Justice System in India
BAL/044/18 K.Devkaran Impact of the Human Rights Movements on the
Criminal Justice System in India
BAL/045/18 Kanchan Verma Human Rights protection of the Scheduled Castes,
Scheduled Tribes and Other Backward Classes
under the Indian legal framework
BAL/046/18 Kanishka Sihare Human Rights Violations during the pandemic
BAL/047/18 Kaveesha Freedom of Scientific Research v. Human Rights
BAL/048/18 Khushi Bagga Human Rights Concerns Related to Abortion
BAL/049/18 Kishan Singh Parihar Human Organ Transplantation Laws and Human
Rights Concerns
BAL/051/18 Kritika Choudhary Patenting of human cell lines
BAL/052/18 Lav Vyas Human Rights concerns over cloning and stem cell
research
BAL/053/18 Mansi Chhalotre Impact of UDHR on legislations and judicial
decisions in India
BAL/054/18 Mihir Lunawat Access to medicine as a human rights issue

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BAL/055/18 Mukul Bhati Information Technology and its impact on human
rights
BAL/056/18 Muskan Katthal Human rights of stored embryos
BAL/057/18 Nayan Katariya Human Experimentation and the Human Rights
Concerns
BAL/058/18 Niharika Arya Human Rights Concerns of Euthanasia
BAL/059/18 Nilesh Kumar Human Rights of the Unborn
BAL/060/18 Nishant Pandey Human Rights Concerns of Children born out of
Artificial Reproductive Techniques
BAL/061/18 Nitin Soni Human Rights issues involved in Surrogacy
Arrangements
BAL/062/18 Nitya Malviya Human rights Implications of Human Genome
Project
BAL/063/18 Pankaj Mehta Human rights implications of genetic engineering
BAL/064/18 Paritosh Mishra Research and Development of biological and
Chemical Weapons and the Human Rights
Concerns
BAL/065/18 Payal Rajput Pre-Natal Determination of Sex and Human Rights
violations of Girl Children
BAL/066/18 Poorva Vatsa Non-State entities as Human Rights Violators in
the era of Globalisation
BAL/067/18 Prachi Sharma Human Rights of Arrested Persons, Accused and
the Prisoners
BAL/068/18 Pragati Shakyapar Human Rights of Minorities
BAL/070/18 Pranshu Chaudhary Human Rights of Victims of Crime
BAL/071/18 Prateek Yadav Human rights of sexual minorities
BAL/072/18 Priyanshi Budholia Is Policing the Police important for the protection
of human rights in India?
BAL/073/18 Rachit Gupta Right to privacy as a human right
BAL/074/18 Raghav Parashar Critical Evaluation of the Protection of Human
Rights Act, 1993
BAL/075/18 Rajeev Meena Human Right to marry and found a family
BAL/076/18 Ram Tiwari Enforcement of human rights in the international
framework
BAL/077/18 Reetesh Sahu Human right to property
BAL/078/18 Richa Dixit How far Cultural Relativism Important in human
rights discourse?
BAL/079/18 Rishab Pillai People’s Rights to Self-Determination as a human
rights
BAL/080/18 Rishabh Gupta Solidarity rights or Collective Human Rights
BAL/081/18 Rishiraj Singh Bhati Human Rights of the Refugees
BAL/082/18 Ritu Janjani FGM as a human rights violation of Women
BAL/083/18 Rohit Kumar Parteti Impact of UDHR on the universalization of
Human Rights

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BAL/084/18 Rupal Yadav Non-discrimination as a basic human right
BAL/085/18 Rupesh Bansod Whether imposing death penalty is a violation of
human rights?
BAL/086/18 Sahaj Choudhary Curtailment of individual liberty in times of
emergency
BAL/087/18 Saloni Singh Right to nationality as a human right
BAL/088/18 Sangita Shah Right to religion as a human right
BAL/089/18 Sanidhya Kshirsagar How far the socio economic and cultural rights
enumerated in the UDHR are protected under the
Indian Constitutional Framework?
BAL/090/18 Sanket Solanki Human rights of labourers
BAL/091/18 Santwana Sachan Right to health care as a human right
BAL/092/18 Sanya Dhakad Right to asylum as a human right
BAL/093/18 Shaileshwar Yadav Significance of the concepts of “sanctity of life”
and “human dignity” in the human rights discourse
BAL/094/18 Shashank Tiwari Right to education as a human right
BAL/095/18 Shobhana Uladi Human rights of prisoners in India
BAL/096/18 Shreya Shrivastava Critically evaluate the Arab Charter, 1994
BAL/097/18 Shreyansh Vagrani Development induced displacement as a human
rights concern
BAL/098/18 Shruti Gogde Compare the African Charter on Human Rights
and American Convention on Human Rights.
BAL/099/18 Shubham Pandey Comment on the “human rights courts” as
mentioned in PHRA, 1993
BAL/100/18 Shubham Saxena Genetic Privacy as a human rights concern
BAL/101/18 Siddharth Singh Human rights concerns involved in gene editing
Chauhan technologies
BAL/102/18 Somya Agrawal Critically evaluate the Declaration of Right to
Development, 1986
BAL/103/18 Sparsh Rawatkar Remote sensing and imaging as a human rights
concern
BAL/104/18 Stuti Shrivastava Multi-National Corporations as violators of human
rights
BAL/105/18 Shubham Gandhi Generations of Human Rights: Whether it is a
workable classification today?
BAL/106/18 Sudhanshu Protection of Human rights under the European
Bharadwaj framework
BAL/107/18 Sumit Parashar Protection of Human Rights of Children in India
BAL/109/18 Swapnil Pal Protection of Human Rights of the Disabled in
India
BAL/110/18 Swapnil Pandey Protection of Human Rights of Women in India
BAL/111/18 Swati Dehariya Protection of Human Rights of the Elderly in India
BAL/112/18 Vaishnavi Pathak Protection of Human Rights of the Tribals and
Indigenous People in India

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BAL/113/18 Vaishnavi Singh Right to shelter as a human right
BAL/114/18 Vartika Agarwal Protection of genetic identity of a person
BAL/115/18 Vidhi Gupta “Right to be born as a natural human being” as a
fourth generation human right
BAL/116/18 Vikash Kumar Das Racial and ethnical discrimination as a human
rights issue
BAL/117/18 Vivek Kumar Frozen human embryos as ‘matrimonial property’
Athankar in divorce proceedings
BAL/118/18 Yash Garg Efforts taken by Principal organs of the UN in
protecting and promoting human rights
BAL/119/18 Yashasvi Mujalde “Technology is racing out of legal control”
Comment.
BAL/121/18 Shivansh Parihar Role of ICJ in protection of human rights
BAL/122/18 Vibhor Mishra Development of Artificial Intelligence and the
human rights concerns
BAL/123/18 Snehil Dadhich Development of biological weapons and the
human rights concerns
BAL/124/18 Reet Bose Scientific experiments involving human gene
editing and human gene manipulation as human
rights violations

8. INSTRUCTIONS TO STUDENTS

• All students shall submit their projects on the specified date.


• The above teaching schedule is tentative and is subject to change as per the need and
requirements of the session.
• The list of books and cases recommended is only illustrative and new judgements may be
added to it during class-room discussion

Dr. Veena Roshan Jose

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