UNIQUE ACADEMY

GUNJAN MESHRAM
9970835065
GENERAL STUDIES –III
HUMAN RESOURCE
DEVELOPMENT (HRD) AND
HUMAN RIGHTS

GUNJAN MESHRAM
 Rights are legal, social, or ethical
principles of freedom or entitlement;
that is, rights are the fundamental
normative rules about what is
allowed of people or owed to people
according to some legal system, social
convention, or ethical theory
Natural versus Legal

 Natural rights are rights which are

"natural" in the sense of "not
artificial, not man-made", as in rights
deriving from human nature or
from the edicts of a god. They are
universal; that is, they apply to all
people, and do not derive from the
laws of any specific society. They
exist necessarily, inhere in every
individual, and can't be taken away.
For example, it has been argued
that humans have a natural right to
life.
 Legal rights, in contrast, are based on a
society's customs, laws, statutes or actions
by legislatures. An example of a legal right
is the right to vote of citizens.
 Positive rights are permissions to do
things, One example of a positive right is
"right to welfare."
 Negative rights are permissions not to do
things- NOT TO INTERFARE IN
PERSONAL SPHERE
 Natural rights were traditionally viewed as
exclusively negative rights, whereas human
rights also comprise positive rights
HR
➢ inalienable,
➢ "to which a person is inherently entitled
simply because she or he is a human being
“ and which are "inherent in all human
beings",
2. HUMAN RIGHTS:
2.1 Universal Declaration of Human Rights
(UDHR 1948)- International human rights
standards, its reflection in the Indian
Constitution, mechanism to enforce and
protect Human Rights in India.
Human Rights Movement in India. Problems
related to human rights deprivations such as
poverty, illiteracy, unemployment, social-
cultural religious practices, violence,
corruption, terrorism, exploitation of labour,
custodial crimes etc. Need for training
and practice of human rights and human
dignity in a democratic set up. Globalisation
and its impact on different sections of Indian
Society. Human Development Index, Infant
Mortality Rate, Sex Ratio.
INCLUSION
 CHILD
 WOMEN
 YOUTH
 TRIBES
 AGED
 SOCIALLY DEPRIVED
 LABOUR
 SPECIALLY ABLED
REFERANCES
 CLASS NOTES
 INDIA YEAR BOOK
 ECONOMIC SURVEY – INDIA
 ECONOMIC SURVYE- MH
 Various schemes from Gove. website
Universal Declaration of Human Rights (UDHR
1948)- International human rights standards,
its reflection in the Indian Constitution

The Universal Declaration of Human Rights

(UDHR) is a milestone document in the
history of human rights. Drafted by
representatives with different legal and
cultural backgrounds from all regions of the
world, the Declaration was proclaimed by
the United Nations General Assembly in
Paris on 10 December 1948 (General
Assembly resolution 217 A) as a common
standard of achievements for all peoples and
all nations
 Preamble
Whereas recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted

in barbarous acts which have outraged the conscience of mankind,
and the advent of a world in which human beings shall enjoy
freedom of speech and belief and freedom from fear and want has
been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have

recourse, as a last resort, to rebellion against tyranny and
oppression, that human rights should be protected by the rule of
law,

Whereas it is essential to promote the development of friendly

relations between nations,
Whereas the peoples of the United Nations have in the Charter
reaffirmed their faith in fundamental human rights, in the dignity
and worth of the human person and in the equal rights of men
and women and have determined to promote social progress and
better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in
co-operation with the United Nations, the promotion of universal
respect for and observance of human rights and fundamental
freedoms,

Whereas a common understanding of these rights and freedoms

is of the greatest importance for the full realization of this pledge,
 Now, Therefore THE GENERAL
ASSEMBLY proclaims THIS UNIVERSAL
DECLARATION OF HUMAN RIGHTS as
a common standard of achievement for all
peoples and all nations, to the end that
every individual and every organ of
society, keeping this Declaration
constantly in mind, shall strive by teaching
and education to promote respect for
these rights and freedoms and by
progressive measures, national and
international, to secure their universal and
effective recognition and observance, both
among the peoples of Member States
themselves and among the peoples of
territories under their jurisdiction.
Article 1- All human beings are born free and
equal in dignity and rights. They are endowed
with reason and conscience and should act
towards one another in a spirit of brotherhood.

Article 2- Everyone is entitled to all the rights

and freedoms set forth in this Declaration,
without distinction of any kind, such as race,
colour, sex, language, religion, political or other
opinion, national or social origin, property, birth
or other status. Furthermore, no distinction
shall be made on the basis of the political,
jurisdictional or international status of the
country or territory to which a person belongs,
whether it be independent, trust, non-self-
governing or under any other limitation of
sovereignty.
Article 3.- Everyone has the right to life, liberty and
security of person.

Article 4.-No one shall be held in slavery or

servitude; slavery and the slave trade shall be
prohibited in all their forms.

Article 5.- No one shall be subjected to torture or

to cruel, inhuman or degrading treatment or
punishment.

Article 6.- Everyone has the right to recognition

everywhere as a person before the law.

Article 7- All are equal before the law and are

entitled without any discrimination to equal
protection of the law. All are entitled to equal
protection against any discrimination in violation of
this Declaration and against any incitement to such
discrimination.
Article 8-Everyone has the right to an
effective remedy by the competent national
tribunals for acts violating the fundamental
rights granted him by the constitution or by
law.

Article 9-No one shall be subjected to

arbitrary arrest, detention or exile.

Article 10- Everyone is entitled in full

equality to a fair and public hearing by an
independent and impartial tribunal, in the
determination of his rights and obligations
and of any criminal charge against him.
Article 11- (1) Everyone charged with a penal
offence has the right to be presumed innocent
until proved guilty according to law in a public
trial at which he has had all the guarantees
necessary for his defence.
(2) No one shall be held guilty of any penal
offence on account of any act or omission which
did not constitute a penal offence, under
national or international law, at the time when it
was committed. Nor shall a heavier penalty be
imposed than the one that was applicable at the
time the penal offence was committed.

Article 12- No one shall be subjected to

arbitrary interference with his privacy, family,
home or correspondence, nor to attacks upon
his honour and reputation. Everyone has the
right to the protection of the law against such
interference or attacks.
Article 13.

(1) Everyone has the right to freedom of movement and residence within
the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to
return to his country.

Article 14.
(1) Everyone has the right to seek and to enjoy in other countries asylum
from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely
arising from non-political crimes or from acts contrary to the purposes
and principles of the United Nations.

Article 15.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the
right to change his nationality.
Article 16.

(1) Men and women of full age, without any limitation due to
race, nationality or religion, have the right to marry and to
found a family. They are entitled to equal rights as to marriage,
during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full
consent of the intending spouses.
(3) The family is the natural and fundamental group unit of
society and is entitled to protection by society and the State.

Article 17.

(1) Everyone has the right to own property alone as well as in

association with others.
(2) No one shall be arbitrarily deprived of his property.

Article 18- Everyone has the right to freedom of thought,

conscience and religion; this right includes freedom to change
his religion or belief, and freedom, either alone or in
community with others and in public or private, to manifest
his religion or belief in teaching, practice, worship and
observance.
Article 19- Everyone has the right to freedom of opinion and expression;
this right includes freedom to hold opinions without interference and to
seek, receive and impart information and ideas through any media and
regardless of frontiers.

Article 20.
(1) Everyone has the right to freedom of peaceful assembly and
association.
(2) No one may be compelled to belong to an association.
Article 21.
(1) Everyone has the right to take part in the government of his country,
directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of
government; this will shall be expressed in periodic and genuine elections
which shall be by universal and equal suffrage and shall be held by secret
vote or by equivalent free voting procedures.
Article 22.
Everyone, as a member of society, has the right to
social security and is entitled to realization, through
national effort and international co-operation and in
accordance with the organization and resources of
each State, of the economic, social and cultural rights
indispensable for his dignity and the free
development of his personality.

Article 23.

(1) Everyone has the right to work, to free choice of

employment, to just and favourable conditions of
work and to protection against unemployment.
(2) Everyone, without any discrimination, has the
right to equal pay for equal work.
(3) Everyone who works has the right to just and
favourable remuneration ensuring for himself and his
family an existence worthy of human dignity, and
supplemented, if necessary, by other means of social
protection.
(4) Everyone has the right to form and to join trade
unions for the protection of his interests.
Article 24- Everyone has the right to rest and
leisure, including reasonable limitation of
working hours and periodic holidays with pay.

Article 25.

(1) Everyone has the right to a standard of living

adequate for the health and well-being of
himself and of his family, including food, clothing,
housing and medical care and necessary social
services, and the right to security in the event of
unemployment, sickness, disability, widowhood,
old age or other lack of livelihood in
circumstances beyond his control.
(2) Motherhood and childhood are entitled to
special care and assistance. All children, whether
born in or out of wedlock, shall enjoy the same
social protection.
Article 26.

(1) Everyone has the right to education.

Education shall be free, at least in the
elementary and fundamental stages. Elementary
education shall be compulsory. Technical and
professional education shall be made generally
available and higher education shall be equally
accessible to all on the basis of merit.
(2) Education shall be directed to the full
development of the human personality and to
the strengthening of respect for human rights
and fundamental freedoms. It shall promote
understanding, tolerance and friendship among
all nations, racial or religious groups, and shall
further the activities of the United Nations for
the maintenance of peace.
(3) Parents have a prior right to choose the kind
of education that shall be given to their children.
 Article 27.

 (1) Everyone has the right freely to
participate in the cultural life of the
community, to enjoy the arts and to share in
scientific advancement and its benefits.
 (2) Everyone has the right to the protection
of the moral and material interests resulting
from any scientific, literary or artistic
production of which he is the author.

 Article 28.

 Everyone is entitled to a social and
international order in which the rights and
freedoms set forth in this Declaration can be
fully realized.
Article 29.

(1) Everyone has duties to the community in which

alone the free and full development of his personality
is possible.
(2) In the exercise of his rights and freedoms,
everyone shall be subject only to such limitations as
are determined by law solely for the purpose of
securing due recognition and respect for the rights
and freedoms of others and of meeting the just
requirements of morality, public order and the
general welfare in a democratic society.
(3) These rights and freedoms may in no case be
exercised contrary to the purposes and principles of
the United Nations.

Article 30- Nothing in this Declaration may be

interpreted as implying for any State, group or person
any right to engage in any activity or to perform any
act aimed at the destruction of any of the rights and
freedoms set forth herein.
 The division of human rights into three
generations was initially proposed in 1979
by the Czech jurist Karel Vasak at the
International Institute of Human Rights in
Strasbourg
First-generation human
rights
sometimes called "blue" rights, deal essentially
with liberty and participation in political life.
They are fundamentally civil and political in
nature: They serve negatively to protect the
individual from excesses of the state. First-
generation rights include, among other things,
the right to life, equality before the law, freedom
of speech, freedom of religion, property rights,
the right to a fair trial, and voting rights. Some of
these rights and the right to due process date
back to the Magna Carta of 1215 and the Rights
of Englishmen, which were expressed in the
English Bill of Rights in 1689. A more full set of
first-generation human rights was pioneered in
France by the Declaration of the Rights of Man
and of the Citizen in 1789, and by the United
States Bill of Rights in 1791
SECOND GENERATION
 These rights are sometimes referred to as
"red" rights.
 Secondary rights would include a right to
be employed in just and favorable
condition, rights to food, housing and
health care, as well as social security and
unemployment benefits. Like first-
generation rights, they were also covered
by the Universal Declaration of Human
Rights, and further embodied in Articles
22 to 28 of the Universal Declaration, and
the International Covenant on Economic,
Social, and Cultural Rights.
3 rd generations
 solidarity human rights, they are rights that
try to go beyond the framework of individual
rights to focus on collective concepts, such as
community or people. However, The term
remains largely unofficial,j ust as the also-used
moniker of "green" rights, and thus houses an
extremely broad spectrum of rights, including:

 Group and collective rights

 Right to self-determination
 Right to economic and social development
 Right to a healthy environment
 Right to natural resources
 Right to communicate and communication
rights
 Right to participation in cultural heritage
 Rights to intergenerational equity and
sustainability
Fourth generation
 several analysts claim that a fourth
generation of human rights is emerging,
which would include rights that cannot be
included in the third generation, future
claims of first and second generation
rights and new rights, especially in relation
to technological development and
information and communication
technologies and cyberspace.
 The right to exist digitally
 The right to digital reputation
 Right to digital identity
 The International Covenant on
Civil and Political Rights (ICCPR)
is a multilateral treaty adopted by
United Nations General
Assembly Resolution 2200A
(XXI) on 16 December 1966, and
in force from 23 March 1976 in
accordance with Article 49 of the
covenant.

The ICCPR is part of the

International Bill of Human
Rights, along with the
International Covenant on
Economic, Social and
Cultural Rights (ICESCR) and
the Universal Declaration of
Human Rights (UDHR)
 The International Covenant on
Economic, Social and Cultural Rights
(ICESCR) is a multilateral treaty
adopted by the United Nations
General Assembly on 16 December
1966 through GA. Resolution 2200A
(XXI), and came in force from 3
January 1976.
Mechanism to enforce and protect Human
Rights in India
NHRC
SHRC
Many other statutory bodies
National human right
commission

Section 1:
Whole India
28 September 1993

Section 2: Definitions:
c) Commission
d) Human Rights:
e) Human Rights Courts
f) International Covenants
28th spt 1993: ordanance: having retrospective
effect
8th jan 1994 : president consent

objectives
(a) To strengthen the institutional arrangements
through which
human rights issues could be addressed in their
entirety in a
more focussed manner;
(b) To look into allegations of excesses,
independently of the
government, in a manner that would underline
the
government’s commitment to protect human
rights; and
(c) To complement and strengthen the efforts
that have already
been made in this direction.
SECTION 3 – COMPOSITION
The commission is a multi-member body
consisting of a chairperson and five members.
a) The chairperson should be a retired chief
justice of India or a judge of the Supreme
Court
b) should be a serving or retired judge of the
Suprem Court,
c) serving or retired chief justice of a high
court
d) Three persons (out of which atleast one
should be a woman) having knowledge or
practical experience with respect to human
rights.
ex-officio members–the chairpersons of the
National Commission for Minorities, the
National Commission for SCs, the National
Commission for STs, the National Commission
for
Women, the National Commission for BCs and
the National Commission for Protection of
Child Rights and the Chief Commissioner for
Persons with Disabilities
Section- mode of selection
and process
The chairperson and members are
appointed by the president on the
recommendations of a six-member
committee consisting of
 the prime minister as its head,
 the Speaker of the Lok Sabha, the
 Deputy Chairman of the Rajya Sabha,
 leaders of the Opposition in both the
Houses of Parliament and
 the Central home minister.
Further, a sitting judge of the Supreme
Court or a sitting chief
justice of a high court can be appointed only
after consultation
with the chief justice of India.
 REMOVAL SECTION 6
The president can remove the chairperson or
any member from
the office under the following circumstances:
(a) If he is adjudged an insolvent; or
(b) If he engages, during his term of office, in
any paid employment outside the duties of his
office; or
(c) If he is unfit to continue in office by
reason of infirmity of mind
or body; or
(d) If he is of unsound mind and stand so
declared by a competent court; or
(e) If he is convicted and sentenced to
imprisonment for an offence.
Section 6 duration
The chairperson and members hold office
for a term of three
years or until they attain the age of 70 years,
whichever is earlier.
They are elligible for re-appointment. After
their tenure, the
chairperson and members are not eligible
for further employment
under the Central or a state government.
 In addition to these, the president can also
remove the chairperson or any member
on the ground of proved misbehaviour or
incapacity. However, in these cases, the
president has to refer the matter to the
Supreme Court for an inquiry. If the
Supreme Court, after the inquiry, upholds
the cause of removal and advises so, then
the president can remove the chairperson
or a member.
 SECTION 12 POWERS AND
FUNCTIONS
The functions of the Commission are:
(a) To inquire into any violation of human rights or
negligence in
the prevention of such violation by a public servant,
either
suo motu or on a petition presented to it or on an
order of a
Court
b) To intervene in any proceeding involving allegation
of
violation of human rights pending before a court.
(c) To visit jails and detention places to study the
living
conditions of inmates and make recommendation
thereon.
(d) To review the constitutional and other legal
safeguards for
the protection of human rights and recommend
measures for
their effective implementation.
(e) To review the factors including acts of
terrorism that inhibit
the enjoyment of human rights and recommend
remedial measures.
(f) To study treaties and other international
instruments on human rights and make
recommendations for their effective
implementation.
(g) To undertake and promote research in the
field of human rights.
(h) To spread human rights literacy among the
people and promote awareness of the safeguards
available for the protection of these rights.
(i) To encourage the efforts of nongovernmental
organisations (NGOs) working in the field of
human rights.
(j) To undertake such other functions as it may
consider necessary for the promotion of human
rights.
The commission has its own nucleus of
investigating staff for
investigation into complaints of human rights
violations. Besides, it is empowered to utilise
the services of any officer or investigation
agency of the Central government or any
state government for the purpose. It has
also established effective cooperation with
the
NGOs with first-hand information about
human rights violations
The commission is not empowered to
inquire into any matter
after the expiry of one year from the date
on which the act
constituting violation of human rights is
alleged to have been
committed. In
Working
 It is vested with the power to regulate its
own procedure. It has all the powers of a
civil court and its proceedings have a
judicial character. It may call for
information or report from the Central
and state governments or any other
authority subordinate thereto.
SHRC- SECTION 21
 The State Human Rights Commission is a
multi-member body consisting of a
chairperson and two members .
 The chairperson should be a retired Chief
Justice or a Judge of a High Court and
members should be a serving or retired
judge of a High Court or a District Judge
in the state with a minimum of seven
years experience as District Judge and a
person having knowledge or practical
experience with respect to human rights
SECTION 30 HUMAN RIGHT
COURT
The Protection of Human Rights Act (1993)
also provides for the
establishment of Human Rights Court in
every district for the
speedy trial of violation of human rights.
These courts can be set up by the state
government only with
the concurrence of the Chief Justice of the
High Court of that
state.
SECTION 31- For every Human Rights
Court, the state government specifies
a public prosecutor or appoints an advocate
(who has practiced
for seven years) as a special public
prosecutor.
THANK YOU