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LAW OF HUMAN RIGHTS

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LAW OF HUMAN RIGHTS – AS PER MY UNDERSTANDING
PAPER – 3 Law of Human Rights (Paper Code : K-6003)

The course shall comprise of the following :

1. Meaning and Definition of Human rights, concept of human rights
2. Human Rights and the United Nations
1. Charter Provisions
2. International Protection of Human Rights
3. Universal Declaration of Human Rights
4. Generations of Human Rights (Three generations)
1. International covenant on civil and political rights and two protocols
2. International covenant on Economic, Social and Cultural Rights
3. Collective Rights
5. European Convention on Human Rights and Fundamental Freedoms
6. American Convention on Human Rights
7. National Human Rights Institutions with Special reference to National Human Rights Commission (NHRC)
and National Commission for Women (NCW)
8. Inclusion of Human Rights Jurisprudence Under the constitution of India through Judicial Interpretation

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LAW OF HUMAN RIGHTS – LAST YEAR QUESTION PAPERS
2019 - Law of Human Rights - Questions 2018 - Law of Human Rights - Questions

Part A: (4 marks each. Attempt all questions) Part A: (4 marks each. Attempt all questions)

Q1. What is the definition of "Human Rights" under the protection of Human Rights Act, Q1. What is "MAGNA CARTA"?
1993?
Q2. What do you understand by Human Right to Equality?
Q2. Convention on the nationality of married women.
Q3. Write briefly about "Fair Trial" as a human right?
Q3. Netto's case

Q4. Why is October 24th celebrated as U.N. Day all over the world?
Q4. How does National Commission for women constitute?

Q5. What are the fundamental pillars of democracy? Q5. Name and four civil and political rights.

Part B: (10 marks question. Attempt any 2) Part B: (10 marks question. Attempt any 2)

Q6. Distinguish between Fundamental Rights and Human Rights Q6. What are the nature and importance of Human Rights?

Q7. Under which article of universal declaration of Human Rights, equality of rights to Q7. Write a short note on National Human Right Commission?
men and women and their better standard of life, has been declared? Explain.
Q8. Discuss the role of UNO in protecting the Human Rights.
Q8. Discuss the role of U.N. High commissioner for Human Rights.
Part C: (20 marks question. Attempt any 3)
Part C: (20 marks question. Attempt any 3)
Q9. Describe the international mechanism provided for enforcement of Human Rights.
Q9. Write an essay on Human Rights and United Nations Charter.
Q10. "Public Interest Litigation has played a pivotal role in upholding Human rights in India".
Q10. Explain the method of implementation of Human Rights provided under the
Discuss in detail with case laws.
International covenant on Civil and Political rights, 1996.

Q11. Discuss the role of National Human Rights commission in the protection of the
Q11. Discuss the salient features of international covenant on Social, Economic and Cultural rights.
Human Rights of the citizens in India. Do these rights reflected in the Indian Constitution? Explain.

Q12. Discuss the right to equality under Part III of India incorporated in International Q12. Discuss the various rights enshrined in American Convention on Human rights, 1969.
Instruments.
Q13. "Universal declaration of Human Rights addressed to the individual does contain inalienable
Q13. Give an account of judicial interpretation in India which support human rights. rights of Individual". Explain.
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LAW OF HUMAN RIGHTS – LAST YEAR QUESTION PAPERS
2017 - Law of Human Rights - Questions

Part A: (4 marks each. Attempt all questions)

Q1. Write about the "Concept of Human Rights"

Q2. What are the objectives of the United Nations Charter?

Q3. Name any four collective rights?

Q4. How does National Human Rights Commission Constitute?

Q5. What is the difference between Human Rights and Fundamental Rights?

Part B: (10 marks question. Attempt any 2)

Q6. Are the Human Rights grant by a state or are they inherent in a human being? Discuss the importance and philosophy of nature of human rights.

Q7. Write a short note on National Commission for Women?

Q8. Give an account of judicial activism in India with regard to upholding Human Rights.

Part C: (20 marks question. Attempt any 3)

Q9. For the implementation of the provisions of the convenant on Civil and Political Rights, the manin instrumentality envisaged in the Human Rights Community. Discuss composition, procedure
and functioning of the committee.

Q10. The Directive Principles of State Policy contained in Part IV of the Constitution aims at providing social and economic rights and welfare of all. Describe their nature and relevance to the
International convenant on Social and Economic Rights.

Q11. Discuss the various rights enshrined in European Convention of Human Rights.

Q12. The Universal Declaration on Human Rights contains the general principles of law recognized by civilized nations and also an authoritative interpretation of the charter by the general
assembly. Discuss the importance and provisions of UDHR in above reference.

Q13. Discuss the provisions of the International Human Rights instruments regarding the principles of equal rights of men and women.

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1.Meaning and Definition of Human rights,

concept of human rights

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WHAT ARE HUMAN RIGHTS?
Human rights are the basic rights and freedoms that belong to every person in the world (from birth to death). They can never be taken away; although they can be restricted.
Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We
are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.
Human rights are relevant to all of us, not just those who face repression or mistreatment.
They protect you in many areas of your day-to-day life, including:
• your right to have and express your own opinions
• your right to an education
• your right to a private and family life
• your right not to be mistreated or wrongly punished by the state

Nature / Essential Features of Human

Rights

Interconnected - Rights and

Interdependent and indivisible Equal and non-discriminatory
Universal and inalienable Obligations
(They can’t be taken away; they can’t (They are expected to be respected
(Belong to all people) (Dependent on one another.
be treated in isolation) without prejudice)
Someone’s right is other’s duty)

The principle of universality of human rights is the
cornerstone of international human rights law. This
principle, as first emphasized in the Universal
Declaration on Human Rights in 1948, has been
reiterated in numerous international human rights
conventions, declarations, and resolutions. The
1993 Vienna World Conference on Human Rights,
for example, noted that it is the duty of States to
promote and protect all human rights and
fundamental freedoms, regardless of their
political, economic and cultural systems.
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All human rights are indivisible, whether they are
civil and political rights, such as the right to life,
equality before the law and freedom of
expression; economic, social and cultural rights,
such as the rights to work, social security and
education , or collective rights, such as the rights
to development and self-determination, are
indivisible, interrelated and interdependent. The
improvement of one right facilitates
advancement of the others. Likewise, the
deprivation of one right adversely affects the
others.
NON-discrimination is a cross-cutting principle in
international human rights law. The principle is present in all
the major human rights treaties and provides the central
theme of some of international human rights conventions
such as the International Convention on the Elimination of
All Forms of Racial Discrimination and the Convention on the
Elimination of All Forms of Discrimination against Women. The
principle applies to everyone in relation to all human rights
and freedoms and it prohibits discrimination on the basis of
a list of non-exhaustive categories such as sex, race, colour
and so on. The principle of non-discrimination is
complemented by the principle of equality, as stated in
Article 1 of the Universal Declaration of Human Rights: ― ”All
human beings are born free and equal in dignity and rights.”
Human rights entail both rights and obligations. States
assume obligations and duties under international
law to respect, to protect and to fulfil human rights.
The obligation to respect means that States must
refrain from interfering with or curtailing the
enjoyment of human rights. The obligation to protect
requires States to protect individuals and groups
against human rights abuses. The obligation to fulfil
means that States must take positive action to
facilitate the enjoyment of basic human rights. At the
individual level, while we are entitled our human
rights, we should also respect the human rights of
others.
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CHARACTERISTICS OF HUMAN RIGHTS
Human beings cannot stay without the enjoyment of
human rights. All of them possess these rights as the
members of the human society. Since some people are
ignorant of these rights, they must be taught about
these opportunities. They only can lead a life of peace,
security and dignity with the growing consciousness of Characteristics of
these rights
Human Rights

1. Human rights imply that

everyone should have
them. People do not enjoy 3. Human rights are
2. Human rights, as a
them as the member of a justiciable. They cover 4. Human rights are not
comprehensive whole,
particular nation or of a legal rights protected by absolute. Like all rights,
include socioeconomic,
community, rather as the the law of the state. They they may also be
civil, political, cultural
member of the human also cover fundamental restricted in the interest of
rights which are deemed
society. So human rights rights as incorporated in public peace, social
to be essential for the
are universally applicable the constitution of the decency, political security
human beings to lead a
to all without any land and they enjoy and the like.
life of dignity.
discrimination on the judicial enforcement.
grounds of caste, class,
color, sex, religion etc.

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EVOLUTION OF HUMAN RIGHTS
The concept of Human Rights has originated from different schools of thought which are based on different religions, philosophies and different law schools.
The foundation of the concept of Human Rights was laid down by all religious traditions like Hinduism, Judaism, Buddhism, Confucianism, Christianity, and
Islam irrespective of their differences. All religions practice respect and dignity to all the humans that would result in fraternity, solidarity and the protection of
all individuals. The next stage of human rights revolves around the notion of individual rights, justice, individual liberty and the citizenship of the people under
the protection of State.

American Declaration of National Human

Universal
Magna Carta – Virginia bill of Declaration of the “Rights of Bill of Rights, Rights
Declaration of
June 1215 Rights 1776 Independence man and of the 1791 Commission,
Human Rights
1776 citizen” 1789 1993

• Magna Carta, or “Great

Charter,” signed by the King
• It was adopted by the • Purpose was to • The Declaration of • Bill of Rights, in the • United Nations was • Watchdog of
Virginia Constitutional the Rights of Man and United States, the first formed in 1945 post
of England in 1215, was a
Convention on June declare 10 amendments to the world war II (1939-1945) Human Rights in
turning point in human rights. of the Citizen, passed
• In 1215, after King John of 12, 1776. independence by France's National U.S. Constitution, which in which millions of India
England violated a number of
ancient laws and customs by
• The Virginia
of 13 American Constituent Assembly were adopted as a people died, millions of • Protection of
declaration, largely the single unit on people became
which England had been in August 1789, is a Human Rights Act
governed, his subjects forced work of George Mason, colonies from fundamental
December 15, 1791, homeless.
him to sign the Magna Carta, was widely read by and which constitute a • Post the war, delegates 1993 after the
which enumerates what later great Britain document of the
came to be thought of as
political leaders on collection of mutually from 50 countries came paris convention
human rights. both sides of the • There are French Revolution reinforcing guarantees together at San
(used to protect
that granted civil Francisco for a
• It established the right of
widows who owned property
Atlantic. It declared certain rights to some
of individual rights and
conference whose individual
that “all men are by of limitations on federal
to choose not to remarry, and
established principles of due nature equally free and unalienable commoners, although and state purpose was to form a property i.e.
process and equality before independent and have rights that it excluded a governments. body to promote
Intellectual
the law. It also contained certain inherent rights” significant segment of • It limited the rights of Peace and prevent
provisions forbidding bribery
of which they cannot government the French govt. and focused on future wars. property, patent,
and official misconduct.
• Widely viewed as one of the deprive themselves or should never population. protecting the rights of • UN was formed and 24th trademark,
their posterity. all citizens, residents Oct. 1945 is known as
most
documents
important
in
legal
the violate e.g. right • It focused on stating
“UN Day”
industrial design
• It focused on equality “All men are born free and visitors.
development of modern
between people, free to lifer & liberty. • It protects freedom of • UDHR was adopted on etc.
democracy, the Magna and equal in rights” 10th Dec. 1948 known as
Carta was a crucial turning elections and speech, religion,
point in the struggle to separation of powers. assembly, petition etc. “Human Rights Day”
establish freedom.

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2. Human Rights and the United Nations

1.Charter Provisions
2.International Protection of Human Rights

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UN CHARTER PROVISIONS – RELATED TO HUMAN RIGHTS
The United Nations Charter "reaffirmed faith in fundamental human rights, and dignity and worth of the human person" and committed all member states to promote
"universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion".

The principles include the equality and self-determination of nations, respect of human rights and fundamental freedoms and the obligation of member countries to obey
the Charter, to cooperate with the UN Security Council and to use peaceful means to resolve conflicts.

The UN Charter refers to human rights in the Preamble and Articles 1, 8, 13, 55, 56, 62, 68 and 76:

Article 55
Article 1 defines describes the
Article 8 states Article 13 says Article 56 Article 68
one of the purposes of the
that ‘the United that the contains a Article 62
objectives of the
Nations shall UN in authorizes Article 76
UN as: responsibilities, international co- pledge by all contains the ECOSOC contains
place no functions and members ‘to
promoting and
restrictions on operation, which similar to set up human rights
encouraging powers of the include under: take joint and provisions in
the eligibility of General separate action commissions provisions in
respect for ‘universal respect describing the
men and ‘in economic the
human rights Assembly shall for, and in co-operation
women to responsibilities,
and for
participate in
include observance of with the
functions and and social description
fundamental ‘assisting in the human rights and Organization for
any capacity fundamental powers of the fields and for of the
freedoms for all realization of the
without
and under
human rights freedoms for all achievement of Economic and the international
conditions of without promotion of trusteeship
distinction as to
equality in its and the purposes set Social Council
race, sex, discrimination as human system.
principal and fundamental to race, sex, forth in Article (ECOSOC).
language or freedoms for all 55’. rights’.
subsidiary organs language, or
religion’.
religion’.

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INTERNATIONAL PROTECTION OF HUMAN RIGHTS
International human rights law lays down obligations which States are bound to respect. By becoming parties to international treaties,
States assume obligations and duties under international law to respect, to protect and to fulfil human rights. The obligation to respect
means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires
States to protect individuals and groups against human rights abuses. The obligation to fulfil means that States must take positive
action to facilitate the enjoyment of basic human rights.
There are seven core international human rights treaties, which provide protection of human rights:
Through ratification of international human rights treaties, Governments undertake to put into place domestic measures and
legislation compatible with their treaty obligations and duties.

Treaty Date

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 1965

International Covenant on Civil and Political Rights (ICCPR) 1966

International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1979
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1984
(CAT)
Convention on the Rights of the Child (CRC) 1989
International Convention on Protection of the Rights of All Migrant Workers and Members of Their
1990
Families (ICMRW)

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3. Universal Declaration of Human Rights

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UNIVERSAL DECLARATION OF HUMAN RIGHTS
The “Universal Declaration of Human Rights” (UDHR) is a document which shares the rights and freedoms everyone of us is entitled to.
It was the first international agreement on the basic principles of human rights.

More than 80 international conventions and treaties, as well as numerous regional conventions and domestic laws have considered
this document as a reference point.

On 10 December 1948, the General Assembly of the United Nations announced the Universal Declaration of Human Rights (UDHR) - 30
rights and freedoms that belong to all of us. Seven decades on and the rights they included continue to form the basis for all
international human rights law.

The UDHR marked an important shift by daring to say that all human beings are free and equal, regardless of colour, creed or religion.
For the first time, a global agreement put human beings, not power politics, at the heart of its agenda.

The 30 rights and freedoms set out in the UDHR include the right to asylum, the right to freedom from torture, the right to free speech
and the right to education. It includes civil and political rights, like the right to life, liberty, free speech and privacy. It also includes
economic, social and cultural rights, like the right to social security, health and education.

Organizations promoting UDHR:

1. International federation for Human Rights
2. Arnrusty International
3. Quatier United Nations Office
4. American Friends Service Committee
5. American Library Association
6. Youth for Human Rights International

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STRUCTURE OF UDHR
Structure of UDHR was influenced by the code napoleon including a preamble and introductory general
principles. It consists of a preamble and 30 articles.

Structure of UDHR

Basic Concepts of Civil & Political Economic, Social General ways of

Dignity, Liberty Rights and Cultural Rights using these rights
Preamble
and equality
(Article 1,2) (Article 3 – 21) (Article 22 – 27) (Article 28-30)

Article 3-5 (Individual
Rights: Right to Life,
Prohibition of slavery &
torture)
Article 6-11
Article 12 -17 (Rights of Article 18-21 Article 22-27
(Fundamental legality
individuals towards the (Constitution liberties; (Individual’s
of human rights with
community (e.g. freedom of thought, economic, social and
specific remedies
freedom of opinion, religion and cultural rights including
cited for their defense
movement) conscience) healthcare)
when violated)

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UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR)
Article 1: Right to Equality
Article 2: Freedom from Discrimination
Article 3: Right to Life, Liberty, Personal Security
Article 4: Freedom from Slavery
Article 5: Freedom from Torture and Degrading
Treatment
Article 6: Right to Recognition as a Person before the
Law
Article 7: Right to Equality before the Law
Article 8: Right to Remedy by Competent Tribunal
Article 9: Freedom from Arbitrary Arrest and Exile
Article 10: Right to Fair Public Hearing
Article 11: Right to be Considered Innocent until Proven
Guilty
Article 12: Freedom from Interference with Privacy,
Family, Home and Correspondence
Article 13: Right to Free Movement in and out of the
Country
Article 14: Right to Asylum in other Countries from
Persecution
Article 15: Right to a Nationality and the Freedom to
Change It
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Article 16: Right to Marriage and Family
Article 17: Right to Own Property
Article 18: Freedom of Belief and Religion
Article 19: Freedom of Opinion and Information
Article 20: Right of Peaceful Assembly and Association
Article 21: Right to Participate in Government and in
Free Elections
Article 22: Right to Social Security
Article 23: Right to Desirable Work and to Join Trade
Unions
Article 24: Right to Rest and Leisure
Article 25: Right to Adequate Living Standard
Article 26: Right to Education
Article 27: Right to Participate in the Cultural Life of
Community
Article 28: Right to a Social Order that Articulates this
Document
Article 29: Community Duties Essential to Free and Full
Development
Article 30: Freedom from State or Personal Interference
in the above Rights
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UDHR ARTICLES – IMPLEMENTED IN CONSTITUTION OF INDIA
S.No Universal Declaration Of Human Rights
1 Article 23 (1) Right to work , to free choice of an
employment, to just and favorable condition of
work etc.
2 Article 23 (2) Right to equal pay for equal work
3 Article 23 (3) Right to just and favorable
Remuneration
4 Article 24 Right to rest to leisure
5 Article 25 (1) Right of everyone and a standard
of living adequate for his and his family
6 Article 26 (1) Right to education and free
education in elementary and fundamental
Stages
7 Article 28 Right to a proper Social order
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Indian Constitution Articles
Article 41: The State shall, within the limits of its economic capacity and development, make
effective provision for securing the right to work, to education and to public assistance in cases
of unemployment, old age, sickness and disablement, and in other cases of undeserved want.
Article 39 (d): that there is equal pay for equal work for both men and women. e) that the
health and strength of workers, men and women and the tender age of the children are not
abused and that citizens are not forced by economic necessity to enter avocations unsuited to
their age or strength.
Article 43: The State shall endeavour to secure, by suitable legislation or economic organisation
or in any other way, to all workers, industrial or otherwise, work, a living wage, conditions of
work ensuring a decent standard of life and full enjoyment of leisure and social and cultural
opportunities.
Article 43: <do>
Article 39 (a): provides for free legal aid to the poor and weaker sections of the society and
ensures justice for all. ... In every State, a State Legal Services Authority and in every High Court,
a High Court Legal Services Committee have been constituted.
Article 41: the State shall within the limits of its economic capacity and development, make
effective provision for securing the right to work, to education and to public assistance in cases
of unemployment, old age, sickness and disablement, and in other cases of undeserved want.
Article 45: The State shall endeavour to provide early childhood care and education for all
children until they complete the age of six years
Article 38: The State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may a social order in which justice, social, economic and
political, shall inform all the institutions of the national life
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TYPES OF HUMAN RIGHTS – AS PER UDHR
Social or Civil Human
Rights
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Types of
Human Rights
Political Human Rights:
To take part in the political
process, all human beings
are provided with some
rights
JurisKnowledge
Cultural Human Rights:
Economic Human Rights:
For the protection of the various
To ensure the economic types of cultures, traditions and
interest of the human customs of the human being,
being, UNO also provides the Declaration of Human
certain economic rights Rights also provides certain
rights
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TYPES OF HUMAN RIGHTS – AS PER UDHR

Types of
Human
Rights

Social or Civil Political Human Economic Cultural Human

Human Rights Rights Human Rights Rights

Social or Civil Human

Rights:
All human beings are
entitled to:

(3) Right to freedom (4) Right to freedom

(1) The right to life, (2) Right to freedom from torture or cruel, from arbitrary (5) Right to marry and
liberty and security of from slavery and inhuman or degrading interference with have family and right
persons servitude treatment or privacy, family, home to property.
punishment or correspondence

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TYPES OF HUMAN RIGHTS – AS PER UDHR

Types of
Human
Rights

Social or Civil Political Human Economic Cultural Human

Human Rights Rights Human Rights Rights

Political Human Rights:

To take part in the political
process, all human beings
are provided with some
rights such as:

(3) Right to
(4) Right to
judicial (6) Right to take
(2) Right to freedom of (5) Right to (8) Right to
remedies, fair part in
equality before thought, freedom of freedom of
(1) Right to trial and government (7) Right to
law and equal expression, peaceful movement and
nationality freedom from affairs and equal suffrage
protection of belief, faith, assembly and right of asylum
arbitrary arrest, equal access to
law conscience association etc.
detention or public service
and religion
exile

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TYPES OF HUMAN RIGHTS – AS PER UDHR

Types of
Human
Rights

Social or Civil Political Human Economic Cultural Human

Human Rights Rights Human Rights Rights

Economic Human Rights:

To ensure the economic
interest of the human
being, UNO also provides
certain economic rights,
such as:

(2) Right to work and the (5) Right to food, health

(3) Right to form trade
(1) Right to social security right to equal pay for equal (4) Right to rest and leisure and adequate standard of
unions
work living.

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TYPES OF HUMAN RIGHTS – AS PER UDHR

Types of
Human
Rights

Social or Civil
Human Rights
Political Human
Rights
Economic
Human Rights
Cultural Human
Rights
Cultural Human Rights:
For the protection of the various
types of cultures, traditions and
customs of the human being,
the Declaration of Human
Rights also provides certain
rights, such as:

(3) Right to the protection of

the moral and material interests
(2) Right to enjoy the art and to
(1) Right to participate in the
share in the scientific
cultural life of the community,
advancement and its benefits
(4) Right to a social and
international order in which the
resulting from any scientific,
human rights as provided in the
literary and artistic production
Universal Declaration can be
of which the individual is the
fully realized
author

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4. Generations of Human Rights (Three generations)

1. International covenant on civil and political rights and
two protocols
2. International covenant on Economic, Social and Cultural
Rights
3. Collective Rights

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INTERNATIONAL BILL OF HUMAN RIGHTS

International Bill of Human Rights

(The International Bill of Human Rights is
an informal name given to the Universal
Declaration of Human Rights along with
the following UN human rights treaties:)

The International Covenant

The International Covenant Collective Rights
on Economic, Social and
Universal Declaration of on Civil and Political Rights (Third Generation
Cultural Rights,
Human Rights, (First Generation Rights – Also Rights – Also Known
Known as Blue Rights) (Second Generation Rights – as Green Rights)
Also Known as Red Rights)

First Optional Protocol

(The first Optional Protocol to the
International Covenant on Civil and
Political Rights enables the Human Rights
Committee, set up under that Covenant,
to receive and consider communications
from individuals claiming to be victims of
violations of any of the rights set forth in
the Covenant.)
Second Optional Protocol
(The Second Optional
Protocol to the
International Covenant on
Civil and Political Rights,
aiming at the abolition of
the death penalty)

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INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)
This Covenant was adopted by the United Nations General Assembly on 16 December 1966 and entered into force
on 23 March 1976. By the end of 2001, the Covenant had been ratified by 147 states. The Covenant elaborates
further the civil and political rights and freedoms listed in the Universal Declaration of Human Rights. Deals with liberty
and participation in political life.
They are First Generation Rights – Also Known as Blue Rights. The main source of inspiration was “Negative Law”

International Covenant on Civil and Political Rights

(ICCPR)
(ICCPR is an international human rights treaty
adopted in 1966. It enables people to enjoy a wide
range of human rights, including those relating to:)

Civil Rights Political Rights

freedom from
freedom of
torture and other equality and
cruel, inhuman or thought, privacy, home Right to fair
fair trial rights non- Right to Vote
degrading religion and and family life trial
treatment or discrimination
punishment expression

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INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)
Part/Column 1: Article Self Determination
Article 1- of the Covenant, the states commit themselves
to promote the right to self-determination and to respect
that right. It also recognizes the rights of peoples to freely
own, trade and dispose of their natural wealth and
resources.
Part/Column 2: Article 2-5 Legal Remedy:
Article 2 - The right to legal recourse when their rights have
been violated,
even if the violator was acting in an official capacity.
Article 3 - The right to equality between men and women
in the enjoyment of their civil and political rights.
Part/Column 3: Article 6-27 – Arbitrary Arrest and Detention
Article 6 – Right to life.
Article 7 – Freedom from torture.
Article 8 – Right to not be enslaved.
Article 9 – Right to liberty and security of the person.
Article 10 – Rights of detainees.
Article 11 – Right to not be imprisoned merely on the
ground of inability to fulfil a contractual obligation.
Article 12 – Freedom of movement and choice of
residence for lawful residents.
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Article 13 – Rights of aliens.
Article 14 – Equality before the courts and tribunals. Right to a
fair trial.
Article 15 – No one can be guilty of an act of a criminal
offence which did not constitute a criminal offence.
Article 16 – Right to recognition as a person before the law.
Article 17 – Freedom from arbitrary or unlawful interference.
Article 18 – Right to freedom of thought, conscience and
religion.
Article 19 – Right to hold opinions without interference.
Article 20 – Propaganda for war shall be prohibited by law.
Article 21 – Right of peaceful assembly.
Article 22 – Right to freedom of association with others.
Article 23 – Right to marry.
Article 24 – Children’s rights
Article 25 – Right to political participation.
Article 26 – Equality before the law.
Article 27 – Minority protection.
Part 4/Column 4: Article 28 – 45: Establishment of Human Right
Committees
Part 5/Column 5: Article 46-47 – Right to enjoy natural wealth and
resources
Part 6/Column 6: Article 48 – 63: Ratification and Amendment
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ICCPR ARTICLES – IMPLEMENTED IN CONSTITUTION OF INDIA
S.No International Covenant on Civil and
Political Rights (ICCPR)
1 Right to life and personal liberty: Art. 6(1)
& 9(1)
2 Prohibition of traffic in human beings and
forced labour Art. 8(3)
3 Protection against arrest detention in
certain cases Art. 9(2) & (3) & (4)
4 Right to movement Art. 12(1)
5 Right to equality Art. 14(1)
6 Protection against self-incrimination Art.
14(3)(g)
7 Protection against double-jeopardy Art.
14(7)
8 Protection against ex-post facto law
Art.15(1)
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Indian Constitution Articles
Art. 21: No person shall be deprived of his life or personal liberty except according
to procedure established by law, nor shall any person be denied equality before
the law or the equal protection of the laws within the territory of India.
Art. 23: Traffic in human beings and begar and other similar forms of forced labour
are prohibited and any contravention of this provision shall be an offence
punishable in accordance with law.
Art. 22: No person who is arrested shall be detained in custody without being
informed, as soon as may be, of the grounds for such arrest nor shall he be denied
the right to consult, and to be defended by, a legal practitioner of his choice.
Art. 19(1)(d): to move freely throughout the territory of India
Art. 14: The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.
Art. 20(3): No person accused of any offence shall be compelled to be a witness
against himself
Art. 20(2): No person shall be prosecuted and punished for the same offence
more than once
Art. 20(1): No person shall be convicted of any offence except for violation of the
law in force at the time of the commission of the act charged as an offence, nor
be subjected to a penalty greater than that which might have been inflicted
under the law in force at the time of the commission of the offence
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ICCPR ARTICLES – IMPLEMENTED IN CONSTITUTION OF INDIA
S.No International Covenant on Civil and Political
Rights (ICCPR)
9 Freedom of conscience and free profession,
practice and propagation of religion Art.18(1)
10 Right of expression of thoughts and feelings using
spoken language. Art. 19(1) & (2)
11 Right to assemble peaceably and without arms
Art. 21
12 Right to form associations or unions Art. 22(1)
13 Right to equality of opportunity in matters of
public employment Art. 25(c)
14 Government is prohibited from making Law
which discrimination of its citizens. Art. 26
15 Protection of interests of minorities and right of
minorities to establish and administer
educational institutions Art. 27
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Indian Constitution Articles
Art. 25: all persons are equally entitled to freedom of conscience and the right to freely profess,
practice, and propagate religion subject to public order, morality and health.
Art. 19(1)(a): all citizens shall have the right to freedom of speech and expression
Art. 19(1)(b): to assemble peaceably and without arms;
Art. 19(1)(c): to form associations or unions;
Art. 16(1): Equality of opportunity in matters of public employment
Art. 14: The State shall not deny to any person equality before the law or the equal protection
of the laws within the territory of India.
Art. 15(1): The State shall not discriminate against any citizen on grounds only of religion, race,
caste, sex, place of birth or any of them
Art. 29: Protection of interests of minorities
(1) Any section of the citizens residing in the territory of India or any part thereof having a
distinct language, script or culture of its own shall have the right to conserve the same
(2) No citizen shall be denied admission into any educational institution maintained by the
State or receiving aid out of State funds on grounds only of religion, race, caste, language or
any of them
Article 30 (1): All minorities, whether based on religion or language, shall have the right to
establish and administer educational institutions of their choice
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INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR)
ICESCR is an international human rights treaty adopted in 1966. It ensures the enjoyment of economic, social and cultural rights. Recognized by the govt.
after world war II. It imposes duty upon the govt. to respect, promote and fulfill.
Enforced on 3rd January 1976
They are Second Generation Rights – Also Known as Red Rights. The main source of inspiration was “Positive Law” (human made law created by govt. and in
response to the needs of the state.

International Covenant on Economic, Social and

Cultural Rights (ICESCR):

Right to work (fair the highest social rights

Right to and just an adequate attainable (social security, Freedom of
education conditions of standard of living standard of pensions, association
work) health medical services)

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INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (ICESCR)
Part 1: Self Determination:
Article 1: All peoples have the right of self determination,
including the right to determine their political status and freely
pursue their economic, social and cultural development.
Part 2: Progressive Determination
Article 2: Each State Party undertakes to take steps to the
maximum of its available resources to achieve progressively
the full realization of the rights in this treaty. Everyone is entitled
to the same rights without discrimination of any kind.
Article 3: The States undertake to ensure the equal right of men
and women to the enjoyment of all rights in this treaty.
Article 4: Limitations may be placed on these rights only if
compatible with the nature of these rights and solely for the
purpose of promoting the general welfare in a democratic
society.
Article 5: No person, group or government has the right to
destroy any of these rights.
Part 3: Social Rights / Labor Rights
Article 6: Everyone has the right to work, including the right to
gain one's living at work that is freely chosen and accepted.
Article 7: Everyone has the right to just conditions of work; fair
wages ensuring a decent living for himself and his family; equal
pay for equal work; safe and healthy working conditions; equal
opportunity for everyone to be promoted; rest and leisure.
Article 8: Everyone has the right to form and join trade unions,
the right to strike.
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Article 9: Everyone has the right to social security, including
social insurance.
Article 10: Protection and assistance should be accorded to
the family. Marriage must be entered into with the free consent
of both spouses. Special protection should be provided to
mothers. Special measures should be taken on behalf of
children, without discrimination. Children and youth should be
protected from economic exploitation. Their employment in
dangerous or harmful work should be prohibited. There should
be age limits below which child labor should be prohibited.
Article 11: Everyone has the right to an adequate standard of
living for himself and his family, including adequate food,
clothing and housing. Everyone has the right to be free from
hunger.
Article 12: Everyone has the right to the enjoyment of the
highest attainable standard of physical and mental health.
Article 13: Everyone has the right to education. Primary
education should be compulsory and free to all.
Article 14: Those States where compulsory, free primary
education is not available to all should work out a plan to
provide such education.
Article 15: Everyone has the right to take part in cultural life;
enjoy the benefits of scientific progress.
Part 4: Article 16 – 25: Governed, Reporting and monitoring of
Covenant
Part 5: Article 26 – 31: Ratification and amendment of Covenant
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ICESCR ARTICLES – IMPLEMENTED IN CONSTITUTION OF INDIA
S.No International Covenant on Economic, Social and
Cultural Rights (ICESCR):
1 Right to equal pay for equal work Art. 7(a)(i)
2 The children's childhood and youth be protected
and promoted moral material things, exploitation.
They should be developed in healthy manner. They
are treated in dignity with freedom. All the
opportunities and facilities to provided to them. Art.
10(3)
3 Right to work, to education and to public
assistance in certain cases Art. 6(1)
4 Right to just and humane conditions of work and
maternity relief Art.7(b) & 10(2)
5 Right to living wage etc. for workers Art.7(a)(ii) & (d)
6 Right to early childhood care and their academic
career of children below the age of six years Art.
13(2)(a)
7 Right to raised level of nutrition and standard of
living and improved public health Art. 11
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Indian Constitution Articles
Article 39 (d): that there is equal pay for equal work for both men and women. e) that the health
and strength of workers, men and women and the tender age of the children are not abused and
that citizens are not forced by economic necessity to enter avocations unsuited to their age or
strength.
Art.39(f): children are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are protected against exploitation
and against moral and material abandonment
Article 41: the State shall within the limits of its economic capacity and development, make
effective provision for securing the right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement, and in other cases of undeserved want.
Art. 42: Provision for just and humane conditions of work and maternity relief The State shall make
provision for securing just and humane conditions of work and for maternity relief
Art. 43: The State shall endeavour to secure, by suitable legislation or economic organisation or in
any other way, to all workers, industrial or otherwise, work, a living wage, conditions of work ensuring
a decent standard of life and full enjoyment of leisure and social and cultural opportunities.
Article 45: The State shall endeavour to provide early childhood care and education for all children
until they complete the age of six years
Art.47: Duty of the State to raise the level of nutrition and the standard of living and to improve
public health The State shall regard the raising of the level of nutrition and the standard of living of its
people and the improvement of public health as among its primary duties and, in particular, the
State shall endeavour to bring about prohibition of the consumption except for medicinal purposes
of intoxicating drinks and of drugs which are injurious to health
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COLLECTIVE / GROUP RIGHTS
It goes beyond the mere civil and social rights. It remains largely unofficial and thus has extremely broad spectrum of rights.

They are Third Generation Rights – Also Known as Green Rights.

Collective / Group
Rights

Right to self
determination
(freedom to
live, act, Right of
Right to Right to
decide Right to a Right to minorities
economic participate in Right to Right to
without any healthy natural ethnic,
and social cultural peace development
outside environment resources religious,
development heritage
influence or linguistic etc.
without
consulting
others)

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5. European Convention on Human Rights and

Fundamental Freedoms

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EUROPEAN CONVENTION ON HUMAN RIGHTS (ECHR)
The European Convention on Human Rights (ECHR) protects the human rights of
people in countries that belong to the Council of Europe.

All 47 Member States of the Council, including the UK, have signed the Convention.
Its full title is the ‘Convention for the Protection of Human Rights and Fundamental
Freedoms’.

The Council of Europe was founded after the Second World War to protect human
rights and the rule of law, and to promote democracy. The Member States’ first task
was to draw up a treaty to secure basic rights for anyone within their borders,
including their own citizens and people of other nationalities.

It was signed on 4th November, 1950 and came into effect on 3rd Sept, 1953.
Available in English and French language.

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EUROPEAN CONVENTION ON HUMAN RIGHTS (ECHR)
Article 1: Obligation to respect Human Rights
Section I:
Article 2: the right to life
Article 3: freedom from torture
Article 4: freedom from slavery
Article 5: the right to liberty
Article 6: the right to a fair trial
Article 7: the right not to be punished for something that wasn’t against the law at the time
Article 8: the right to respect for family and private life
Article 9: freedom of thought, conscience and religion
Article 10: freedom of expression
Article 11: freedom of assembly
Article 12: the right to marry and start a family
Article 14: the right not to be discriminated against in respect of these rights
Article 16: restrictions on political activity of aliens
Article 17: Prohibition of abuse of rights
Article 18: Limitation on use of restrictions on rights
Section II:
Article 19 – 51: Establishment of European Human Rights courts
Section III:
Article 52 – 59: Miscellaneous provisions

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6. American Convention on Human Rights

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AMERICAN CONVENTION ON HUMAN RIGHTS
The American Convention on Human Rights (also known as Pact of San José) is a multilateral treaty that establishes democratic institutions regarding
fundamental human rights for countries in the Western Hemisphere. This right shall be protected by law and, in general, from the moment of conception.

It was adopted on 22nd November 1969 by 25 parties. It came into force on 18th July 1978.

It has total 82 articles, 11 chapters and 3 parts.

American Convention on
Human Rights

Part 1: Commission Part 2: Courts Part 3: Transitory

Chapter 1: General Obligations: Article 1-2

Chapter 8: Inter American Chapter 11: Transitory
Chapter 2: Civil and Political Rights: Article 3-25) Court of H.R: Article 52-69 Provisions: Article 79-82
Chapter 3: Economic, Social & Cultural Rights: Article 26
Chapter 9: Common
Chapter 4: Suspension of Guarantees, Interpretation of
Application: Article 27-31)
Provisions: Article 70-73
Chapter 5: Personal Responsibilities: Article 32)
Chapter 10: Signature,
Chapter 6: Competent Organs: Article 33 Ratification & Amendments:
Chapter 7: Inter American Commission on Human Rights: Article 74-78
Article 34-51

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AMERICAN CONVENTION ON HUMAN RIGHTS (KEY ARTICLES)
Article 1: Obligation to respect Human rights
Article 2: Domestic Legal Effects
Article 3: Right to juridical personality (Right to recognition as a person before law)
Article 4: Right to Life
Article 5: Right to humane treatment
Article 6: Freedom from Slavery
Article 7: Right to personal liberty
Article 8: Right to fair trial
Article 9: Freedom from Ex-post-facto (retrospective) laws
Article 10: Right to compensation
Article 11: Right to privacy
Article 12: Freedom of conscience and religion
Article 13: Freedom of thought and expression
Article 14: Right to reply
Article 15: Right of assembly
Article 16: Freedom of association
Article 17: Rights of the family
Article 18: Right to a name
Article 19: Rights of the child
Article 20: Right to Nationality
Article 21: Right to prosperity
Article 22: Freedom of movement and residence
Article 23: Right to participate in government
Article 24: Right to equal protection
Article 25: Right to judicial protection
Article 26: Progressive Development

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7. National Human Rights Institutions with Special reference to

National Human Rights Commission (NHRC) and National
Commission for Women (NCW)

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NATIONAL HUMAN RIGHTS COMMISSION (NHRC)
The Protection of Human Rights Act was enacted in the year 1993. It provides for the constitution of a National Human Rights
Commission, State Human Rights Commission in States and Human Rights Courts for better protection of human rights. Section 2(d) of
this Act defined human rights by stating that human rights means the rights relating to life, liberty, equality and dignity of the individuals
guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.

Tenure:
National Human Rights Commission- The Chairperson and the members of the Commission shall
Composition continue to hold office for a period of three years from the date
on which they assume the office or until they attain the age of
seventy years, whichever is earlier. The members of the
Commission alone are eligible for reappointment of one more
term, provided if they have not attained the age of seventy
The Commission shall consist of a years. After relinquishing the office, the Chairperson and the
Chairperson and other members. members of the Commission are barred from taking up any
appointment either under the Central or any of the State
governments.

As per Protection of Human Rights act, 1993

As per Protection of Human Rights Amendment Act, 2019
(A person who has been a Chief Justice of the Supreme Court
(A person who has been chief justice of Supreme Court or
is alone eligible to become the Chairperson. The other
Judge of Supreme Court)
members are appointed from the following categories)

- Chairpersons of the National Commission

One member may be sitting or retired judge of
the Supreme Court of India;
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One member may or retired Chief Justice of
any High Court;
Three members are appointed on the basis of
their special knowledge or experience in the
field of human rights and; (One member has to
be a women)
- Commission for Scheduled Castes,
- National Commission for Scheduled Tribes
- National Commission for Minorities,
- National Commission for Women are the members
- National Commission for Backward Classes
- Secretary General (Chief Executive of the commission)
- Chief commissioner for Disabilities
- Chief commissioner for Child
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NATIONAL HUMAN RIGHTS COMMISSION (NHRC) - FUNCTIONS

Section 13: Shares the power of NHRC:

Functions of - Summon witness
- Discovery and protection of documents
NHRC (Section - Receive evidence
- Can ask for public documents
12) - Enter any building for inspection
- Refer the complaint to any civil function

To visit any
jail, or any To review all To study the
To intervene other the aspects treaties and To propagate
To inquire into other
in any of the institutions that inhibits the concept
the violation international To promote
proceedings where To review the the of human
of human instruments on and support
pending persons are safeguards for enjoyment of rights and to
rights or human rights To undertake the non-
before a court detained or the protection human rights promote the
abatement and make and promote governmental
with the lodged for of human including the awareness for
thereof either recommendati research in organisations
permission of purposes of rights acts of ons to the
their
on its own or the field of and
such a court treatment provided by terrorism and Central protection
on a petition human rights institutions in
on any reformation or the recommends government among the
submitted by the field of
complaint of protection to constitution the remedial for their various
an affected human rights
violation of study the measures to effective sections of
party
human rights. living the implementatio the society
conditions of Government. n.
the inmates

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STATE HUMAN RIGHTS COMMISSION (SHRC)

Speedy Trial (Section 30):

Can do speedy trial and convert a session court to Human Rights
Court if there is not an existing special court for the same purpose
in that state.
State Human Rights Commission-
Composition
The Commission shall consist of a
Chairperson and other members.
Tenure (Section 24):
The Chairperson and the members of the Commission shall
continue to hold office for a period of three years from the date
on which they assume the office or until they attain the age of
seventy years, whichever is earlier. The members of the
Commission alone are eligible for reappointment of one more
term, provided if they have not attained the age of seventy
years. After relinquishing the office, the Chairperson and the
members of the Commission are barred from taking up any
appointment either under the Central or any of the State
governments.

As per Protection of Human Rights act, 1993

As per Protection of Human Rights Amendment Act, 2019
(A person who has been a Chief Justice of the Supreme Court
(A person who has been chief justice of Supreme Court or
is alone eligible to become the Chairperson. The other
Judge of Supreme Court)
members are appointed from the following categories)

Two members are

One member may be appointed on the basis
One member may or
sitting or retired judge of their special - Secretary General (Chief
retired Chief Justice of
of the Supreme Court knowledge or Executive of the commission)
any High Court;
of India; experience in the field
of human rights and;
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NATIONAL COMMISSION FOR WOMEN (NCW)
The National Commission for Women was constituted under the National Commission for Women Act, 1990 (NCW Act) on 31 January
1992 to exercise powers and perform functions assigned.

Tenure (Section 24):

Composition of National
Commission for Women (The
Commission shall consist of:)
The Chairperson and the members of the Commission shall
continue to hold office for a period not exceeding three years.
Can resign by giving notice to Chairperson. OR will get removed
if they become insolvent, or if they are absent from 3
consecutive meeting, or they abused the seat due to corruption
or other misuse of power.

(b) 5 Members to be nominated by the Central

Government from amongst persons of ability,
integrity and standing who have had experience
(a) A Chairperson, committed to the cause of
in law or legislation, trade unionism, management
women, to be nominated by the Central
of an industry potential of women, women’s
Government.
voluntary organizations, administration, economic
development, health, education or social welfare;
(One of the member has to be from SC/ST)
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NATIONAL COMMISSION FOR WOMEN (NCW) - FUNCTIONS

Power of NCW:
- Summon witness
- Discovery and protection of documents
- Receive evidence

Following are the general

overview of the functions of
the Commission NCW:

To take up cases of violation of

To present the Central
To examine the constitutional
government annually reports
and legal safeguards for
on working of those
women.
safeguards.
To inspect remand home,
the provisions of the
women’s institution where
constitution or any other laws
women are kept as prisoners or Promote Educational Send periodical reports to the
affecting women and
otherwise take up the Procedures for women government.
recommend amendments so
concerned authority for
as to provide legislative
remedial action, if necessary.
remedies.

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8. Inclusion of Human Rights Jurisprudence Under the

constitution of India through Judicial Interpretation

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HUMAN RIGHTS AND THE INDIAN CONSTITUTION
The Preamble to the Constitution pledges justice, social, economic and political, liberty of thought, expression, belief, faith and worship, equality of status and of
opportunity and fraternity assuring the dignity of the individual and the unity and integrity of the nation to aid its citizens.
India was a signatory to the Universal Declaration of Human Rights. A number of fundamental rights guaranteed ta the individuals in Part III of the Indian Constitution are
similar to the provisions of the Universal Declaration of Human Rights. The judicially enforceable fundamental rights which encompass all seminal civil and political rights
and some of the rights of minorities are enshrined in part Ill of the Constitution (Articles 12 to 35). These include the right to equality, the right to freedom, the right against
exploitation, the right to freedom of religion, cultural and educational rights and the right to Constitutional remedies.

TYPES OF WRITS
Part 3 (i) Writ of Habeas Corpus, (ii) Writ of Mandamus, (iii) Writ
Constitution of India: FUNDAMENTAL RIGHTS of Certiorari, (iv) Writ of Prohibition, (v) Writ of Quo-
Warranto

General: Right against Exploitation: Saving of Certain Laws:

12. Definition 23. Prohibition of traffic in human beings and forced 31A. Savings of laws providing for acquisition of estates,
13. Laws of inconsistent with or in derogation of the labour. etc.
fundamental rights. 24. Prohibition of employment of children in factories, etc. 31B. Validation of certain Acts and Regulations
31C. Saving of laws giving effect to certain directive
Right to Equality: principles
14. Equality before law. 31D. [Repealed.]
Right to Freedom of Religion:
15. Prohibition of discrimination on grounds of religion,
25. Freedom of conscience and free profession,
race, caste, sex or place of birth.
practice and propagation of religion.
16. Equality of opportunity in matters of public
26. Freedom to manage religious affairs. Right to Constitutional Remedies:
employment.
27. Freedom as to payment of taxes for promotion of 32. Remedies for enforcement of rights conferred by
17. Abolition of Untouchability
any particular religion. this Part.
18. Abolition of titles.
28. Freedom as to attendance at religious instruction or 32A. [Repealed.]
religious worship in certain education institutions. 33. Power of Parliament to modify the rights conferred
Right to Freedom: by this Part in their application to Forces, etc.
19. Protection of certain rights regarding freedom of 34. Restriction on rights conferred by this Part while
speech, etc. Cultural and Educational Rights: martial law is in force in any area.
20. protection in respect of conviction for offences. 29. Protection of interests of minorities. 35. Legislation to give effect to the provisions of this
21. Protection of life and personal liberty. 30. Right of minorities to establish and administer Part.
22. Protection against arrest and detention in certain educational institutions.
cases. 31. [Repealed.]

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ROLE OF JUDICIARY AND HUMAN RIGHTS – IMPORTANT CASE LAWS
In Keshavnanda Bharati v. State of Kerala, the
Supreme Court observed, The Universal
Declaration of Human Rights may not be a legally
binding instrument but it shows how India
understood the nature of human rights at the time
the Constitution was adopted.
In the judgement given in the Chairman, Railway
Board and others v. Mrs. Chandrima Das, the
Supreme Court observed that the Declaration has
the international recognition as the Moral Code of
Conduct having been adopted by the General
Assembly of the United Nations. The applicability
of the Universal Declaration of Human Rights and
principles thereof may have to be read, if need be,
into the domestic jurisprudence.
In National Legal Services Authority versus
U.O.I (AIR 2014 SC 1863), the Supreme Court has
held that Article 14 does not restrict word
‘person’ and its application to only males
and females and hijras/transgender who are
neither male or female falls within the expression
‘person’. They are entitled to legal
protection of laws in all spheres of state activity
including health care, employment , education as
well as equal civil citizenship rights, as enjoyed by
every other citizen of this country.
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In Maneka Gandhi v. Union of India, the Supreme
Court gave a new dimension to Art. 21 and held
that the right to live the right to live is not merely a
physical right but includes within its ambit the right
to live with human dignity.
In Vishakha v. State of Rajasthan, the Supreme
Court has declared sexual harassment of a
working woman at her work as amounting to
violation of rights of gender equality and rights to
life and liberty which is clear violation of Articles
14, 15 and 21 of the Constitution.
In Parmananda Katara v. Union of India, the
Supreme Court has very specifically clarified that
preservation of life is of paramount importance.
Article21 casts the obligation on the state to
preserve life. It is the obligation of those who are
in charge of the health of the community to
preserve life so that the innocent may be
protected and the guilty may be punished.
In Jagmohan v. State of U.P, the Supreme
Court had held that death penalty was not
violative of articles 14, 19 and 21.it was said that
the judge was to make the choice between death
penalty and imprisonment for life on the basis of
circumstances, facts and nature of crime brought
on record during trail. Therefore, the choice of
awarding death sentence was done in
accordance with the procedure established by
law as required under article 21.
The Supreme Court in Peoples Union for
Democratic Rights v. Union of India, held that
non-payment of minimum wages to the workers
employed in various Asiad Projects in Delhi was
a denial to them of their right to live with basic
human dignity and violative of Article 21 of the
Constitution. Bhagwati J. held that, rights and
benefits conferred on workmen employed by a
contractor under various labour laws are clearly
intended to ensure basic human dignity to
workmen.
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