Indian Constitution and rights in Universal Declaration

of Human Rights[UDHR] and South African Constitution

KRISHNA CHAUHAN
SRI AUROBINDO COLLEGE DELHI UNIVERSITY

Author’s note
All the data and information are collected by me from the internet and
reading sources and it contains the factual knowledge and are true till
today.
Thanks to Raj Malhotra sir for providing those useful papers. This
document on rights will help the students of law and comparative
politics and other departments. As a virtue of human being I can also
make mistakes so please forgive me for any error.
Correspondence concerning this article should be addressed to
thakurarnav886@gmail.com

Abstract
Rights are the most important thing for citizen who lives in an
democratic country these rights are protected by international
organizations, states and various civil society organization. At
international level they are protected by UN general assembly by
providing UDHR and at state level through constitution for ex-
constitution of India and South Africa. There we have integrated the
UDHR with National constitution of India and compared the constitution
of India with the constitution of South Africa this will throw light on
various provisions and rights for the citizens in the contemporary society.
RIGHTS
What are the rights? And why we need them or how they play the
important role in our life? So, in a type of system where government is
authoritative and the citizens do not have any guarantee for their
protection from such rule then there are very much chances of
becoming such government Despotic which results into restraining the
liberty , Equality and doing injustice to the person. In this type of system
it’s impossible for a person to develop their mind and skills. So, in such
atmosphere of authoritarianism and absolutism the overall growth of
the nation stops.
So if we say in a concluding manner, Rights are the claims of individual
against the arbitrary powers of the state which helps in the growth and
development of citizens.
We should not think of Right only restricting the government powers it
also includes some good actions by the government to create the
conditions in which an individual can enjoy liberty, equality and social
justice. So, when the government powers are put on a limit so, the
liberty of an individual can be maintained then they are called negative
Rights but when they inspire or direct the government to do some
positive actions by providing rights, policies and programmes to the
individual for the betterment of society then they are called positive
Rights.

HUMAN RIGHTS:
There are some rights (civil, social, political, or economic) those are
granted by the states to their particular citizens and every nation can
have particular rights according to the situation/condition prevailing in
their countries but there are certain rights which are granted to a person
on virtue of his status as a human being.
These are the so basic in character that they apply in all countries
despite having different conditions like government society or
constitution. For example Right to life. It includes the right to live in
clean place, right to consume clean water and many others. For fulfilling
these needs the government of particular country is responsible. These
rights should have to be enforced by a state or an international tribunal
which should be capable of enforcing them. For example United Nation’s
universal declaration of human rights and constitutions of various
nations.

Universal Declaration of Human Rights

The Universal Declaration of Human Rights which was adopted by the
UN General assembly on 10 December 1948, was an gradual process and
it’s immediate need was felt after the 2nd world war because many
countries had used the different kind of atrocities on these soldiers and
as we all know that one of the worst impact of the war is the prevalence
of poverty and instability in the country due to which large number of
persons were felt to improve the conditions of the citizens in the
countries.
After the end of war and creation of United Nation the international
community pledged that these atrocities will never be repeated in the
future and the world leaders decided to complement to the UN charter
with a road map to guarantee the rights of every individual everywhere.
These documents become comprehensible and later evolving into the
universal declaration of human rights and was taken up at the first
session of the general assembly in 1946.
Those who had drafted that declaration were 18 members from
different background chaired by Eleanor Roosevelt .
The first draft of the declaration was prepared in September, 1948 with
over 50 member states participating in the final drafting by its resolution
217A[111] of general assembly meeting in Paris, adopted the universal
declaration of human rights with eight Nation abstaining from the vote
but none dissenting. Herman Santa Cruz of Chile, member of drafting
committee wrote.
‘’I perceived clearly that was participating in a truly significant Historian
event in which a consensus had been reached as to the supreme value of
a worldly power, but rather in fact of existing.
Which gave rise to the inalienable right to the live free from want and
oppression and to fully develop one’s personality. In the great
hall ….there was an atmosphere of genuine solidarity and brotherhood
among and men and women from all latitudes the like of which I have
not seem international sitting ……..’’ The entire text UDHR was
composed in less than two years of time when the world was divided
into eastern and western blocks finding a common ground on what
should make the essence of the document process to be a colossal task.

International Covenant on Civil and Political Rights [ICCPR]

In 1951, the commission associated by representatives of the
international labour organization, the United Nation educational
scientific and cultural organization and the world health organization
had created a new draft - the draft covenant on human rights. After
much of deliberation in 1952 two separate covenants are on economic,
social and cultural Rights and the process was continued until 1962, first
by the commission and then by United Nation third committee [Social,
Humanitarian and cultural matters]. In December 1963, ‘’ the General
Assembly invited all governments to consider the text of the articles
adopted by the third committee’’ The two covenants, the international
covenant and civil and political rights along with an Initial optional
Protocol to the latter was adopted by the general assembly on
December 1966 the international covenant on civil and political rights
was adopted with a vote of 106 to 0 and its first optional protocol was
adopted with a vote off 66 to 2 with 38 abstentions.
This come into force on 23 march 1976, The first protocol to the
covenant was also entered into force 23 march 1976, The second
optional protocol was adopted by the general assembly with a vote of 59
to 26 with 28 abstentions and opened for signature on 15 December
1989. It entered into force 11 July 1999 following the ratification of
tenth state party.
These protocol enshrined global human rights standards and have
various norms to wide range of issues like women rights, facial
discrimination, protection of migrant workers and many others.

SOUTH AFRICAN CONSTITUTION

‘’I have fought against white domination and I have fought against
black domination. I have cherished the ideal of a democratic and free
society in which all person live together In harmony and with equal
opportunities. It is an ideal which i hope to live for and to achieve, but if
it needs to be its an ideal for which i am prepared to die’’ nelson
mandela.
The white colonies established their rules and regulations which were
continued by the South African are black in colour, they consist of 3/4th
of the population and were called’’ blacks ’’ besides these other grow
ups of mixed races were treated as inferior. So many movements
especially by the African National congress and its leader Nelson
Mandela were started against those policies of segregation and led to
the south African constitution on basis of equality.
There have been four constitutions in south Africa in 1910, Britain
decided to withdraw from government of South Africa and handed the
country over to the white residence of south Africa. These people were
the British settlers and the Boers .The first constitution for the union of
South Africa was adopted in 1910, this gave rights to the white minority
but took away the right to vote of the majority of South Africans.
In 1960 the white government held a referendum to decide whether
South Africa would become a Republic on 31 may 1961 South Africa was
declared a republic and the government adopted the second
constitution. This also took away the rights to black people.
In 1983 the government passed the third constitution. This constitution
created the tricameral parliament, which meant there was a separate
parliament for the white coloured and Indian groups. This constitution
excludes black people and automatically made them citizens of
homeland where they were born. They had no rights outside there
homelands.
In 1994, twenty six parties negotiated and adopted an interim
constitution that gave vote to everyone. This constitution lasted for two
years. During that time the elected government worked as the
constitutional assembly and had to draw up a final constitution.

Constitutional history of India

The republic of India is located in South Asia and bordered by Pakistan
china, Bangladesh, Myanmar, Nepal and Bhutan all historically port of
Indian subcontinent and greater India. It is worlds seventh largest
country in terms of geographical size. It is the worlds largest democracy
demographically and the second most populous country after China. It is
also a very diverse country with different culture and religions mutually
coexisting. Hindi and English are the official languages for federal
business while the constitution recognizes the existence of many other
languages.

Political system and history

Present day India is a federal state with 28 federated entities divided
among seven unions. Its system of government is parliamentary and
based on the Westminster model. India first came into contact with the
west in the early 18th century when it was annexed by the British East
India Company. In the mid 19th century, it fell under British colonial rule.
The colonial administration in British India or British Raj – as it was also
called – was headed by a Viceroy who also cumulated the title of
Governor General until 1947 when a struggle for independence, marked
by a widespread non violent resistance movement resulted in
independence from the British Colonial Empire.

Constitutional history and development

Prior to the constituent assembly that convened in 1948 to draft the
Indian constitution adopted in 1950 and still in force to date, the
fundamental law of India was mostly embodied in a series of statutes
enacted by the British Parliament. Key among them was the
Government of India Acts of 1919 and 1935.

The Government of India Act of 1919

Passed as a measure of gratitude for India’s role in world war one, the
primary purpose of this act was to expand native participation in the
government. Key reforms of the Act were the establishment of a dual
form of government with limited powers for the major provinces. The
imperial legislative council was transformed into a bicameral legislature
for all India. Finally, the Act established the position of a High
Commissioner with residence in London to Represent India in the United
Kingdom.

The Government of India Act of 1935

This Act was adopted in response to opposition and criticisms from the
National Congress of India to the 1919 Act for doing too little in terms of
granting autonomy. Its key provisions included:
 Abolition of the dual form of government or diarchy and the granting
of a larger degree of autonomy for the provinces..
 Establishment of a Federation of India (which never came into force
though)
 Introduction of direct suffrage and extension of the franchise to 37
million people from the original 5 million. Membership of the
provincial assemblies was altered so as to include more elected
Indian representatives, who were now able to form majorities and
be appointed to form governments.
 The establishment of a Federal Court

The Constituent Assembly of 1948 and the Constitution of

1950
In 1946, the British decided to examine the possibility of granting
independence to India. As a result, a British cabinet mission was
dispatched to India to (1) hold discussions with the representatives of
British India and the Indian States in order to agree on the framework
for writing a constitution, and (2), set up a constituent body and an
executive council. Following this mission and the ensuing negotiations, a
Constituent Assembly was indirectly elected by the provincial
legislatures comprising 278 representatives and 15 women. Parties
represented in the CA were the Congress Party which had a majority,
Muslim League, Scheduled Caste Federation, the Indian Communist
Party and the Union Party. The CA met for the first time in December
1946 and by November 1949 the draft constitution was approved. The
constitution went into effect in January 1950 and the CA was
transformed into a Provisional Parliament.
The Constitution which is still in force has been amended over 90 times
making it one of the most frequently amended constitutions in the world.
It is also known to be one of the longest and most detailed in the world
with 395 articles and 10 appendixes called schedules. Extensively
modeled on western legal and constitutional practice, its key features
include:

 The establishment of a federal system with residual powers in a

central government.
 A list of fundamental rights.
 A Westminster style parliamentary system of government
Key timelines in the 1948 constitutional process
1946 Britain decides on to grant independence to India
and cabinet mission is dispatched to India to
discuss modalities for transfer of power
14 August 1947 Proposal for creation of committees is tabled
29 August 1947 Drafting committee is established
6 December 1947 Constituent Assembly formally convenes for the
first time, following elections, to start the
process of writing a constitution.
4 November 1947 Draft is finalized and submitted
1948 – 1949 Constituent Assembly meets in sessions open to
the public
26 November 1949 Constituent Assembly adopts final draft making it
official
26 January 1950 Entry into force of the new constitution

International Human Rights and Fundamental Rights

India has signed the universal declaration on Human Rights on
January,1,1942. Part III of the Constitution of India also referred as
‘’Magna Carta’’ contains the fundamental Rights. Those are the rights
which are directly enforceable against the state in case of any violation.
Article 13(2) prohibits state from making any law in violation of
fundamental rights. It always provides that if a part of law made is
against the fundamental Rights, that part would be declared as void. If
the void part Can't be Separated from the main act the whole act may be
declared as void.
In the case of chairman, Railway board, & Ors. vs Chandrima Das & Ors.
It was observed that UDHR has been recognized as model Code of
Contact adopted by UN General Assembly. The principles may have to be
read if needed in domestic jurisprudence.
Now we will see some provisions of the Indian constitution with that of
International Human Rights.
Article 14. Equality includes the full and equal enjoyment of all rights.
and freedoms. Nothing in Article 14 shall prevent the state from making
any provisions of adopting any measures designed to protect advance
persons or categories of persons disadvantaged by unfair discrimination,
for the purpose of achievement of equality.
The Prohibits heads of discrimination in article 15 and 16 of the
constitution are at present restricted to religion race, caste, sex of place
of birth.
 A similar provision is contained in the convention on the elimination
of all forms of discrimination Against women, 1979 ( CEDAW ) ( Part
1 Article 1) and International convention on the elimination of All
forms of Social Discrimination I 1965 CERD | [Part I Article 1] am also
in universal declaration of human rights Article 7.
 Torture and inhuman, degradation and cruel treatment or
punishment grossly violates the human dignity there is no express
provision in the Constitution prohibiting, regulating and cruel and
degrading treatment and punishment. Our supreme court has
deduced this freedom from reading of A21. Article 14 and the
preamble of our constitution which recognize human dignity as the
base of all human rights. A majority of national constitution have a
provision prohibiting torture and cruel and inhuman and degrading
treatment and punishment. The universal declaration of human
rights and the international covenant of civil and political rights also
prohibits such act as Article 5 and 7 respectively.
 Remedy for violation of article 21. The supreme court of India has in
case of Nilabati Behra and in Dk basu ruled that a person whose
fundamental rights under article 21 has been violated has a right to
monetary compensation as a remedy in public law.
 It may be mentioned that article 9(5) of the ICCPR provides that
"anyone who has been the victim of unlawful arrest or detention
shall have an enforceable right to compensation". India centered a
reservation to article 9(5) when it ratified the ICCPR. The supreme
court of Dk basu has observed that after its pronouncement in
Nilabati Behra the reservation has no effect. It is proposed that an
enforceable right to compensation for violation of article 21 be
specifically incorporated in part lll of the constitution as for example
in the following terms.
" Every person who has been illegally deprived of his right to life of
liberty shall have an enforceable right to compensation’’.
 Privacy is recognized as one of the invaluable human right. The right
to privacy has been described as the ‘’right to be let alone" The
object of privacy is to protect one's "inviolate Personality". It is said
that an intrusion on privacy threatens that liberty just as assault,
battery of imprisonment. It is an offence to personal dignity. privacy
finds of place in the ICCPR. International covenant on civil and
political rights 1966. Article 17(1). No one shall be subjected to
arbitrary or unlawful interference with his privacy family or
correspondence nor to unlawful attacks or his honour and
reputation.
 everyone has to right to protection of law against such interference
or attacks.
Right to property was guaranteed fundamental right under article 19(1)F
and article 31 of the constitution. Despite, constitutional amendments
and aimed at preventing political interventions with regard to
compensation for acquisition of property, legislation’s were stuck down
on the ground of violation of article 31(2) because of inadequacy of
compensation. By 44th constitutional amendment act 1978 article
19(1)F and article 31 were deleted from chapter on fundamental rights.
300A." Persons not to be deprived of poverty save by authority of law.
No person shall be deprived of his poverty save by authorities of law".
Article 12 of ILO convention number 107 to which India is a signatory
provides that the tribal population shall not be removed from their
habitual territories without their free consent except of accordance with
the national laws and regulations for reasons relating to National
security or in the the interest of national economic development or in
the health of the said population. the convention also provides that in
case where the removal of tribal population is necessary as an
exceptional measure 'they shall be provided with lands of quality at least
equal to that of lands they previously occupied.

Right to children : There is no specific article in part lll of our constitution

dealing with right of children. The UN constitution on the right to
children 1989 has been ratified by India. The convention consists mainly
of four rights : Article14 - the participation of children in decisions
affecting their own destiny
1) The protection of children against discrimination and all forms of
neglect and exploitation. 2)The prevention of harm to children and 3)
the provision of assistance for their basic needs.
Capital punishment : Supreme Court has opened the constitutionality of
capital punishment in Bachan Singh there is a growing body of national
and international opinion against capital punishment. the second
optional protocol to international covenant on civil and political rights
1966 aiming at the ambition of the death penalty was adopted by the
general assembly in 1989 (A/RFS/44/128) and entered into force on 11th
July 1991. Article 1 no one within the jurisdiction of a state party to the
present protocol shall be executed.
Each state party shall take all necessary measures to abolish the death
penalty within its jurisdiction.
No reservation is admissible to the present protocol except for
reservation made at the the time of ratification or accession that
provides for the application of death penalty in time of war to a
conviction for a most serious crime of military nature committed during
war time.
Article 359 and 359 A of the constitution:
The supreme court in the case of ADM jabalpur of a presidential order
passed under article 359 whilst a proclamation of emergency in
operation was that all fundamental rights stood suspended during
emergency. Thereafter, the constitution was amended by 44th CAA and
it provided by article 359 that article 20 and 21 cannot be suspended
when a proclamation of emergency is in operation.
Under article 4(2) of the International Covenant on civil and political
rights 1966 ICCPR no derogation is permissible even during an
emergency which is threatens the life of the nation in in respect of
certain human Rights specified there in. It is apparent that under ICCPR
more fundamental rights have been made more non- derogable.
Under article 2 of the ICCPR each state party of the present covenant
undertaken to take the necessary steps in in accordance with its
constitution process and with the provisions the present covenant to
adopt such legislative or other measures as may be necessary to give
effect to the the rights recognized in the present covenants.
Apart from independently of the ICCPR it is a matter for constitution
weather article 17 of the constitution which abolishes the untouchability
and forbids it's practice and article 24 of the constitution which prohibits
employment of children under the age of 14 years in any factory or mine
or other hazardous employment be made non sustainable by
amendment of article 359.
Other provisions of universal declaration of human rights obey with
corresponding provision in constitution of India are as follows-
Brief Description of Provision UDHR COI
Equality and equal protection
before law Article 7 Article 14
Remedies for violation of
Fundamental Rights Article 8 Article 32
Right to Life and personal
liberty Article 9 Article 21
Protection in respect for
conviction of offence Article 11(2) Article 20(1)
Right to property Article 17 Earlier a
Fundamental
Right under
Article 31
Right to freedom of conscience
and to practice, profess and
propagate any religion Article 18 Article 25(1)

Freedom of speech Article 19 Article 19(1)(a)

Equality in opportunity of
public service Article 21(2) Article 16(1)
Protection of minorities Article 22 Article 29(1)
Right to education Article 26(1) Article 21A

Brief Description of Provision ICCPR COI

Right to life and liberty Article 6(1) & 9(1) Article 21
Prohibition of trafficking and
forced labour Article 8(3) Article 23
Protection against detention
in certain cases Article 9(2), (3) and (4) Article 22
Freedom of movement Article 12(1) Article 19(1)(d)
Right to equality Article 14(1) Article 14
Right not to be compelled to
be a witness
against own self Article 14(3)(g) Article 20(3)
Protection against double
jeopardy Article 14(7) Article 20(2)
Protection against ex-post
facto law Article 15(1) Article 20(1)
Right to freedom of conscience
and to practice profess and
propagate any religion Article 18(1) Article 25(1) & 25(2)(a)
Freedom of speech and
Expression Article 19(1) & (2) Article 19(1)(a)
Right to assembly peacefully Article 21 Article 19(1)(b)
Right to form union/ association Article 22(1) Article 19(1)©

Equality in opportunity of public service Article 25© Article 16(1)

Equality and equal protection

before law and no discrimination on
the basis of any ground such as
race, colour, sex, language, religion etc. Article 26 Article 14 & 15(1)

Protection of interests of minorities Article 27 Article 29(1) & 30

Brief Description of Provision ICESCR COI

Right to work Article 6(1) Article 41

Equal Pay for equal work Article 7(a)(i) Article 39(d)

Right to living wage and

descent standard for life. Article 7(a)(ii) &[d] Article 43

Humane conditions of work

and maternity leave. Article 7(b) and 10(2) Article 42

Faculties and opportunities to

children for prevention against
exploitation. Article 10(3) Article 39(f)

Improving public health and raise

level of nutrition and standard of living. Article 11 Article 47

Compulsory education for children Article 13(2)(a) Article 45

Protection of interests of minorities Article 27 Article 29(1) & 30

The Constitution of India and South Africa

Preamble: The preamble of the country starts with ‘WE THE
PEOPLE‘ which means that both state established on the basis of popular
sovereignty. As we have know that Indian constitution have a great
influence over the constitution of South Africa its preamble also talk
about justice liberty and democracy which are explicitly mentioned in
Indian constitution.
 As we know it’s not possible to put all the provisions of the bill of
rights into this short sheet of document we will discuss some
important provisions of South African constitution and it’s
comparison with that of South African constitution.
Article 8 of the constitution of republic of South Africa 1996. The bill of
rights that applies to all law and binds the legislature, the executive the
judiciary and all organs of state.
In India constitution also so the fundamental right are applied to to all
the organs of government and judiciary play an important role as of
Indian constitution ( Article 32).
Article 9- The state may not unfairly discriminate directly or indirectly
against anyone on one or more grounds including race, gender, sex,
pregnancy, marital status, ethnic or social origin, colour, social
orientation, age, disability, conscience, belief culture, language or birth.
The Indian constitution also provides equality under Article 14 to 18
Right to equality that all the person are equal and cannot be
discriminated on the basis of race, sex, caste or place of birth.
As that South African constitution covers the the wider scope of grounds
on which a person cannot be discriminated but it cannot be said that
Indian constitution have an limited scope of equality because there rites
which cover other aspects are not only explicit but implicitly also.
 Article 29
1. Everyone has a right
a) to a basic education including adult basic education.
b) to further education which the state so reasonable measures must
take progressively available and accessible.
2. Everyone has the right to receive education in the official language or
language of their choice in public educational institutions where that
education is reasonably practicable. In order to ensure effective access
to and implementation of the right the statement considerable
reasonable educational alternatives including single medium institutions
taking into account.
a. Equity
b. Practicability
c. the need to redress the results of past socially discriminatory law
and practice.
 Article 21A of Indian constitution declares that state shall provide
free and compulsory education to all children’s of the age of 6 to 14
years this provision added by 86th amendment act of 2002.
So in India the scope of right to education is narrow than South Africa
because in India this provision makes only elementary education a
fundamental right and not higher or professional education.
A24-everyone has the right
a) to an environment that is not harmful to dear health or well being
and
b) to have the environment practiced for the benefit of present and
future generations through reasonable legislative and other
measures that
i. Prevent pollution and ecological degradation
ii. Promote conservation and
iii. secure ecologically sustainable development and care of national
resources while promoting justifiable economic and social
development.
In Indian constitution there is no explicitly mentioned right for the
preservation of environment but this right itself implicitly covered in
article 21 right to life and personal liberty and judiciary plays an
important role in this regard to the power of judicial review under article
32 and 226 respectively.
Article 34 access to courts and tribunals and speedy justice
1. Everyone has the right to have any dispute that can be resolved by
the application of law decided in a fair public hearing before a court
 or tribunal or forum where appropriate, another independent and
impartial court tribunal and forum.
2. The right to access to courts shall be deemed to include right to
reasonably speedy and effective justice in all matters before the
courts tribunals for other forum and the state shall take all
reasonable step to achieve the above object.
In Indian constitution under article 39A equal justice and free legal aid :
‘’The state shall secure that the operation of the legal system promotes
justice on a basis of equal opportunity and shell in particular provide
free legal aid by suitable legislation or schemes or in any other way to
ensure that opportunities for securing justice are not denied to any
citizen by reason of economic or other disabilities”.
So, in Indian constitution provision for access to justice through article
32 in supreme court on violating the fundamental right of a person but
equal justice and free legal aid only mentioned in DPSP which are non
enforceable.
In Madhav hoskot case the supreme court held that the legal services to
the poor and needy is an essential element of any reasonable pure and
just procedure.
So, in this way Indian and South African constitution are related to each
other but if we compare them South African constitution seems to
encompassing wider issues and subjects because it is framed in 1996
after 48 years of Indian constitution so we cannot say that Indian
constitution is inferior or with less scope for justice or equality for their
citizens but our constitution is a living document and is evolving with the
time according to the needs of society as Dr BR Ambedkar rightly said.
“Constitution is not there lawyers document it is a vehicle of time and its
spirit is always the spirit of age”.

Conclusion
Human rights are the basic rights which form the essential part of
development as human being constitution act as a protector of those
basic rights as fundamental rights and DPSP more emphasis has been
given to the fundamental rights and they are directly and possible in the
court of law from a deep story of the part third and part fourth of the
the Indian constitution it is easily evident that almost all of the rights
provided in UDHR are covered in these two parts.
South African constitution was formed after 48 years of Indian
constitution and it also encompasses various rights to be provided to the
citizens greatly influenced by Indian constitution and almost every right
mentioned in bill of right can be found in Indian constitution if not
explicitly mentioned they can be reduced from constitution which are
implicitly mentioned so judiciary plays an important role and taken great
steps such as a relaxing rules of ‘locus standi’ and how any other person
in place of the affected can approach court the apex court had interpret
the fundamental rights available to a citizen and how rights like right to
privacy, right to clear environment and right to free legal aid also finds
place in fundamental rights.

References-
https://www.un.org
Human right commitment.ca
Constitution.org/country/India
https//blog-I pleaders in.amn project.org
Times of India.com.cdn.amn project.org
Dndf.org
An Introduction To Political theory: op gauba
Expansion and protection of fundamental rights -
Soli J. Sorabjee
Raj malhotra ias - study sources