1.

2 Sentences Answer (6 questions, 2 marks each)

1. Define International law.
Ans. Oppenheim’s Revised Definition: International Law is the body of rules which are legally
binding on States in their intercourse with each other. These rules are primarily those which
govern the relations of States, but States are not the only subjects of International Law.
International Organisations and to some extent, individuals may be the subjects of rights
conferred and duties imposed upon International Law.

2. Rebus sic stantibus

Ans. The maxim rebus sic stantibus asserts that a treaty may be terminated if there occurs a
fundamental change in the circumstances under which it was concluded. Thus, those treaties
which are contractual not merely in form but also possess essential judicial character, the
doctrine of frustration of contract may be applied without doubt.

3. What is non-use of force?

Ans. Under the ambit of international law, states are not permitted to threaten to use force nor
can they use force against other states. This rule is mentioned under Article 2(4) of the United
Nations Charter and is regarded as a peremptory norm.

4. What is opinio Juris?

Ans. An essential element of custom, one of the four sources of international law as outlined in
the Statute of the International Court of Justice. Opinio juris requires that custom should be
regarded as state practice amounting to a legal obligation, which distinguishes it from mere
usage. The International Court of Justice reflects this standard in ICJ Statute, Article 38(1)(b)
by reflecting that the custom to be applied must be "accepted as law".

5. Write two important functions of the National Commission for women.

Ans. a. Investigation and Examination: Investigate and examine all the matters relating to the
safeguards provided for the women under the Constitution and other laws.
b. Recommendations: Make in such reports and recommendations for the effective
accomplishment of those safeguards for enhancing the conditions of the women by the
Union or any State.
c. Presentation of Reports: Table reports to the Central Government, every year and at such
other times as the Commission may deem fit, reports upon the working of those safeguards.

6. What is stare decisis?

Ans. The doctrine of stare decisis states that “past decisions must stand”. The idea that similar
cases must be decided in similar ways may be the fundamental belief underlying common law
systems.

7. Two objectives of WHO

Ans. a. The organisation directs and coordinates authority on international health work.
b. Assists governments, upon request, in strengthening their health services.

8. What is magna carta?

Ans. Magna Carta was the first document to put into writing the principle that the king and his
government was not above the law and the liberties held by “free men,” providing the foundation
for individual rights agreed to by King John of England.

9. Write two issues of the Lotus case

Ans. The Lotus Case (France vs Turkey) Issues:
a. Did Turkey violate international law when Turkish courts exercised jurisdiction over a
crime committed by a French national, outside Turkey?
b. If the reply is yes, what economic and financial compensation should be made to Mr.
Demons (Captain of Lotus), in relation to international law. if Turkey is found to infringe
these principles?

10. Two rights of prisoners at the time of arrest

Ans. a. All prisoners shall be treated with respect due to their inherent dignity and value as
human beings.
b. There shall be no discrimination on the grounds of race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status.

11. Define Treaty.

Ans. The term treaty means a written agreement by which two or more States or international
organizations create or intend to create a relation between themselves operating within the sphere
of International Law. A treaty may be called a treaty, but at the same time, a variety of other
names may be attributed to the term such as convention, agreement, protocol, declaration,
arrangements, accord, additional articles, aide memoire, code, communique, compact, contract,
instrument and optional clause.

12. What is Monistic Theory?

Ans. It was put forward by two German scholars Moser and Martens. According to this
doctrine there exists only one set of legal systems, i.e., the domestic legal order. It has been
denied by the exponents of this theory that International Law is a distinct and autonomous body
of law. It followed that there was obviously no need for international rules to be incorporated
into municipal legislation; since they have been made by the States themselves.

13. What do you understand by the terms non-use of force?

Ans. It is an International law principle embodied in customary international law as well as the
United Nations Charter which generally forbids the use of force by one nation against another’s
territorial or political integrity.

14. What is Innocent Passage?

Ans. Innocence of passage has been defined by the Convention on the Law of the Sea of 1982
under Article 19 by stating that: ‘Passage is innocent so long as it is not prejudicial to the peace,
good order or security of the coastal State. Such passage shall take place in conformity with this
Convention and with other rules of International Law’.

15. What is EEZ?

Ans. United Nations Convention on the Law of the Sea (UNCLOS) Art 55 defined the EEZ
(Exclusive Economic Zone) as a zone in the sea over which a sovereign nation has certain
special rights with respect to the exploration and usage of marine resources, which includes the
generation of energy from wind and water, and also oil and natural gas extraction. It can extend
to a maximum of 200 nautical miles from the baseline.

16. Write two important functions of the National Human Rights Commission.
Ans. a. visit, under intimation to the State Government, any jail or any other institution under the
control of the State Government, where persons are detained or lodged for purposes of treatment,
reformation or protection to study the living condition of the inmates and make
recommendations thereon.
b. spread human rights literacy among various sections of society and promote awareness of the
safeguards available for the protection of these rights through publications, the media, seminars
and other available means.

17. What is Jus Cogens?

Ans. Jus cogens or peremptory norm means a body of fundamental principles of international
law which binds all states and does not allow any exceptions. It is basically a compilation of
norms that lays down the international obligations which are essential for the protection of the
fundamental interest of the international community and any violation of these norms is thereby
recognized as a crime against the community as a whole.

18. Give two directive principles safeguarding the rights of women as laid down in the
Constitution.
Ans. a. The State to direct its policy towards securing for men and women equally the right to an
adequate means of livelihood (Article 39(a));
b. and equal pay for equal work for both men and women (Article 39(d)).

19. What is UNCLOS?

Ans. The United Nations Convention on the Law of the Sea (UNCLOS) was adopted in 1982. It
lays down a comprehensive regime of law and order in the world's oceans and seas establishing
rules governing all uses of the oceans and their resources. 167 countries and the European Union
are parties to it.

20. What are the two important features of UNESCO?

Ans. a. Through its programmes, it strives to achieve the Sustainable Development Goals
(SDGs).
b. It works in preserving the cultural heritage of the world’s many cultures and also promotes the
equal dignity of all cultures.

21. Give two directive principles safeguarding the rights of workers.

Ans. a. The State shall make provision for securing just and humane conditions of work and for
maternity relief. (Art 42)
b. The State shall take steps, by suitable legislation or in any other way, to secure the
participation of workers in the management of undertakings, establishments or other
organisations engaged in any industry. (Art 43A)

22. What is continental shelf ?

Ans. Continental shelf may be defined as “the zone around the continent extending from the low
water line to the depth at which there is usually a marked increase of declivity to greater depth.”
under Para I of Article 76 of UNCLOS.

23. What is recognition of states?

Ans. Recognition of state under the International Legal System can be defined as “the formal
acknowledgement or acceptance of a new state as an international personality by the existing
States of the International community”.It the acknowledgement by the existing state that a
political entity has the characteristics of statehood.

24. What do you understand by the term VETO POWER of the permanent Members of the
security council?
Ans. If a permanent member wishes that no decision should be taken by the Council on any
particular issue, it has the power to do so by giving a dissenting vote. Thus, by giving a
dissenting vote a permanent member has a power to block the issue in the Council. In other
words, if the concurring vote is withheld by any permanent member the proposal shall be
deemed vetoed, i.e., it could not be validly adopted. This power of the permanent members is
known as the veto power.

25. Write any two functions of the National Commission for protection of child rights.
Ans. a. Inquire cases of child rights violations and initiate proceedings
b. Present reports on the workings of the laws in this domain to the central government as and
when necessary.

26. What is Mediation?

Ans. When the third party participates in the discussion along with the disputant States, and also
gives its own suggestions in resolving the dispute, the process is known as mediation. The
mediator is required to be neutral and impartial. He must necessarily meet with them and enter
into discussions. He should encourage compromise than advice adherence to legal principles.
27. Give two Theories of Recognition of States.
Ans. a. Constitutive Theory:- According to this theory the personality of a State is created not
by fact but through recognition by other States. In other words, an entity does not become a State
by possessing essential attributes of statehood. It becomes so, when it is recognized by other
States. It implies that other States constitute the personality of a State by granting recognition.
b. Declaratory Theory:- According to this theory a State comes into existence in International
Law as soon as it acquires all the attributes of statehood. By having all the attributes, an entity
exists in fact. Recognition by other States supplies the evidence of this fact. The act of
recognition is therefore a declaration of an existing fact that an entity possesses the essential
attributes of statehood.

28. What is ‘Pacta sunt Servanda’?

Ans. It is a Latin term that means agreements must be kept. In international law, it means that
every treaty is binding upon the parties and they must be executed in good faith. Without this
principle, which is explicitly mentioned in many agreements, treaties would be neither binding
nor enforceable.

29. What was the main object of the Stockholm Conference, 1972?
Ans. As set out in Article 1, the objective of the Stockholm Convention is to protect human
health and the environment from persistent organic pollutants.

30. What are ‘Landlocked’ States?

Ans. A State whose boundaries are entirely surrounded by land is called State. Convention on
the Law of the Sea of 1982 under Article 124(1)(a) defines the land-locked State as 'a State
which has no sea-coast. Land-locked States have free access to and from the sea so that they may
enjoy the freedom of the seas on equal terms with coastal States.

31. Give names of Nobel Peace Prize Winners for the year 2014.
Ans. Kailash Satyarthi and Malala Yousafzai

32. Give any two international regional treaties concerning protection of Human Rights.
Ans. European Convention on Human Rights (ECHR), The American Convention on Human
Rights (Pact of San Jose de Costa Rica).
33. What is ‘State Territory’?
Ans. The territory over which a State has an exclusive control and jurisdiction is referred to State
territory. Oppenheim defines State territory as that defined portion of the globe which is
subjected to the sovereignty of a State. State territory comprises land territory, national waters,
territorial sea (formerly called the territorial waters), air space over the territory and the subsoil
under earth.

34. What is ‘Right to Development’?

Ans. The right to development is an inalienable human right by virtue of which every human
person and all peoples are entitled to participate in, contribute to, and enjoy economic, social,
cultural and political development, in which all human rights and fundamental freedoms can be
fully realized. The human right to development also implies the full realization of the right of
peoples to self-determination, which includes, subject to the relevant provisions of both
International Covenants on Human Rights, the exercise of their inalienable right to full
sovereignty over all their natural wealth and resources.

35. Give any four personal freedoms guaranteed under Article 19 of the Constitution of
India.
Ans. Freedom of speech and expression, Freedom to assemble, Freedom of residence, Freedom
of profession.

36. What is the main objective of the International Court of Justice?

Ans. The Court’s role is to settle, in accordance with international law, legal disputes submitted
to it by States and to give advisory opinions on legal questions referred to it by authorized United
Nations organs and specialized agencies.

37. What is UNESCO?

Ans. UNESCO is the United Nations Educational, Scientific and Cultural Organization. It
contributes to peace and security by promoting international cooperation in education, sciences,
culture, communication and information. UNESCO promotes knowledge sharing and the free
flow of ideas to accelerate mutual understanding and a more perfect knowledge of each other's
lives. UNESCO's programmes contribute to the achievement of the Sustainable Development
Goals defined in the 2030 Agenda, adopted by the UN General Assembly in 2015.
38. What do you understand by the term Arbitration?
Ans. Arbitration has been defined by the International Law Commission as 'a procedure for the
settlement of disputes between States by a binding award on the basis of law and as a result of an
undertaking voluntarily accepted. Thus, when a dispute is submitted by the parties to a body of
persons or to a tribunal for their legal decision, the process for the settlement of dispute is called
arbitration.

39. What is the Holy see?

Ans. The term 'Holy See' is used to refer to the supreme organ of the Catholic Church, i.e.,
Bishop of Rome, commonly called the Pope, together with those offices of the Roman Curia
through which he governs the universal Church. The term Vatican restricted to the Vatican City
State, which is also ruled by the Pope is though essentially distinct from the Holy See is also
sometimes used for Holy See.
The Holy See is a small sovereign State having land territory of about half square kilometer, and
population of about 1000 composed of persons residing therein by virtue of their office. The
Head of the Catholic Christian Pope is the monarch of the Holy See.

40. What is amnesty international?

Ans. Amnesty International (also referred to as Amnesty or AI) is an international
non-governmental organization focused on human rights. The stated mission of the organization
is to campaign for "a world in which every person enjoys all of the human rights enshrined in the
Universal Declaration of Human Rights and other international human rights instruments."

41. Write two important provisions of the Indian constitution on Rights of Children.
Ans. a. Right to free and compulsory elementary education for all children in the 6-14 year age
group (Article 21A).
b. Right to be protected from any hazardous employment till the age of 14 years (Article 24).

42. Give any two legislations relating to protection of environment in India.

Ans. a. Environment (Protection) Act 1986 (EP Act) - This umbrella law enables the central
government to take measures it deems necessary to protect and improve the environment, and to
prevent, control and abate environmental pollution.
b. Water (Prevention and Control of Pollution) Act 1974 (Water Act), which also initially
identified the powers, functions and hierarchy of the environmental agencies, the CPCB and the
SPCBs.

2. Write short notes (2 questions, 6 marks each)

1. KYOTO Protocol.
Ans. What is the Kyoto Protocol?
The Kyoto Protocol is an international agreement that brings into operation the United Nations
Framework Convention on Climate Change (UNFCCC). It is the first set of international rules
designed to implement the UNFCCC, which is a multilateral environmental treaty that came into
force on 21 March 1994 at the Earth Summit, New York City in the year 1992, to combat climate
change. Its role is to fight global warming by reducing greenhouse gas concentrations in the
atmosphere to a level that would prevent dangerous anthropogenic interference with the climate
system.

Principles of the Kyoto Protocol

The Kyoto Protocol is based on the principle of ‘Common But Differentiated Responsibilities
(CBDR) ‘. It puts the obligation to reduce current emissions on developed countries because they
are historically responsible for the current levels of greenhouse gases in the atmosphere.
According to the CBDR, the Kyoto Protocol divides the responsibilities of different countries
into two ways:
a. Historical Polluters (Developed countries) - These must contribute more towards the
implementation of ways to reduce GHGs.
b. Recent Polluters (Developing countries) - Such countries should do everything possible to
cut down their GHG emissions.

Responsibilities and Targets of the Kyoto Protocol

The Kyoto Protocol is designed to assist countries in adapting to the adverse effects of climate
change. One of the major features of the Kyoto Protocol is that it sets obligatory targets for 37
industrialized countries and the European community for reducing greenhouse gas (GHG)
emissions. The targeted gases under the Kyoto protocol are as follows:
● Carbon Dioxide (CO2)
● Methane (CH4)
● Nitrous Oxide (N2O)
● Sulphur Hexafluoride (SF6)
● Hydrofluorocarbons (HFCs)
● Perfluorocarbons (PFCs)

2. Rights of children under convention on Rights of Child

Ans. The United Nations Convention on the Rights of the Child is an important agreement by
countries who have promised to protect children’s rights. The Convention explains who children
are, all their rights, and the responsibilities of governments. All the rights are connected, they are
all equally important and they cannot be taken away from children.
Following are the rights -
● Right of Life survival and development - Every child has the right to be alive.
● Right of Identity - Children have the right to their own identity – an official record of who
they are which includes their name, nationality and family relations.
● Sharing thoughts freely - Children have the right to share freely with others what they learn,
think and feel, by talking, drawing, writing or in any other way unless it harms other people.
● Freedom of thought and religion - Children can choose their own thoughts, opinions and
religion, but this should not stop other people from enjoying their rights.
● Protection of privacy - Every child has the right to privacy. The law must protect children’s
privacy, family, home, communications and reputation (or good name) from any attack.
● Access to information - Children have the right to get information from the Internet, radio,
television, newspapers, books and other sources.

3. National Human Rights Commission

Ans. What is NHRC?
The National Human Rights Commission or NHRC is a standalone entity of the Government of
India with the mission of promoting and protecting human rights. It is a statutory body
mentioned in the Constitution of India that was established in 1993 under the ‘Protection of
Human Rights Act.

NHRC Composition – Members of NHRC

1. Chairman of NHRC - Retired Chief Justice or a judge of SC
2. Member 1 - One who is/has been a Judge of SC
3. Member 2 - One who is/has been a Chief Justice of a HC
4. Three Members (at least one shall be a woman) - Candidates with the knowledge or
practical experience in the matters of Human Rights
5. Deemed Members (Ex-officio Members) - Deemed members are chairpersons of the
following national commissions: the National Commission for Backward Classes, the
National Commission for Minorities, the National Commission for Protection of Child
Rights, the National Commission for the Scheduled Castes, the National Commission for the
Scheduled Tribes, the National Commission for Women and the Chief Commissioner for
Persons with Disabilities.
6. Secretary-General

Functions & Powers of NHRC

● It can visit any prison/institute under the control of the state governments to observe the
living conditions of inmates. It can further make recommendations based on its observations
to the authorities.
● Research in the field of Human Rights is also promoted by the NHRC.
● Human Rights awareness and literacy through different media are promoted by NHRC in
various sectors of society.

4. Corfu channel case

Ans. Corfu Channel Case (United Kingdom v. Albania)
Facts - Two British cruisers and two destroyers, coming from the south, entered the North Corfu
Strait. The channel they were following, which was in Albanian waters, was regarded as safe: it
had been swept in 1944 and check-swept in 1945. One of the destroyers, the Saumarez, when off
Saranda, struck a mine and was gravely damaged. The other destroyer, the Volage, was sent to
her assistance and, while towing her, struck another mine and was also seriously damaged.
Forty-five British officers and sailors lost their lives, and forty-two others were wounded. It was
on this basis that the United Kingdom claimed that Albania was internationally responsible for
damages.

Issues - 1. Should the North Corfu Channel as it is considered part of international highways?
2. Is Albania responsible under international law for the explosions which occurred on the 22nd
October 1946 in Albanian waters and for the damage and loss of human life which resulted from
them and is there any duty to pay compensation?

Judgement - 1. The court analyzed the geographical situation of the channel connecting two
parts of the high seas and was in fact frequently being used for international navigation. Taking
into account these various considerations, the Court concluded that the North Corfu Channel
should be considered as belonging to the class of international highways through which an
innocent passage does not need special approval and cannot be prohibited by a coastal State in
time of peace.
2. The Court found that Albania was responsible under international law for the explosions that
had taken place in Albanian waters and for the damage and loss of life which had ensued.
Although it did not accept the view that Albania had itself laid the mines or granted permission
to another entity, it held that the mines could not have been laid without the knowledge of the
Albanian Government according to the principle of state responsibility.

5. American convention on Human Rights

Ans. The American Convention on Human Rights, also known as the Pact of San José, is an
international human rights instrument. It was adopted by many countries in the Western
Hemisphere in San José, Costa Rica, on 22 November 1969.
According to its preamble, the purpose of the Convention is "to consolidate in this hemisphere,
within the framework of democratic institutions, a system of personal liberty and social justice
based on respect for the essential rights of man."

Structure of the Convention

Part 1 contains 5 chapters, enumerating various state obligations, responsibilities, Civil and
political rights and economic, social, and cultural rights of individuals. It also provides for their
suspension, interpretation and application.
Part 2 contains 3 chapters and provides for the means of protection of the above rights, by
establishing The Inter-American Commission on Human Rights and The Inter-American Court
of Human Rights. Their composition, functions, jurisdiction and procedure are given in this part.
Part 3 contains general and transitory provisions like SIGNATURE, RATIFICATION,
RESERVATIONS, AMENDMENTS, PROTOCOLS, AND DENUNCIATION.
Two additional protocols - The first, the Additional Protocol to the American Convention on
Human Rights in the area of Economic, Social, and Cultural Rights (more commonly known as
the "Protocol of San Salvador"), The second, the Protocol to the American Convention on
Human Rights to Abolish the Death Penalty.

6. International labour organization

Ans. The International Labour Organization (ILO) is a United Nations agency dealing with
labour issues, particularly international labour standards, social protection, and work
opportunities for all. It was established by the Treaty of Versailles in 1919. Its HQ is in Geneva,
Switzerland.

Objective of ILO
● To develop and effectuate standards, fundamental principles, and fundamental rights at work.
● To ensure that men and women have equal access to decent work while enhancing
opportunities for the same.
● To magnify the coverage and effectiveness of social protection for everyone.
● To strengthen Tripartism and social dialogue.

Functions of ILO
● It aids the member states in resolving their social and labour problems.
● It is responsible for the research and publication of information regarding social and labour
issues.
● The ILO is also responsible for setting International Labour Standards.

7. UDHR
Ans. The Universal Declaration of Human Rights (UDHR) is an international document adopted
by the United Nations General Assembly (UNGA). It establishes the rights and freedoms of all
members of the human race. The UDHR has played a significant role in the history of human
rights. The General Assembly adopted it on December 10, 1948.

Structure of UDHR
The Declaration consisted of 30 Articles besides a Preamble. The preamble gives details about
the social and historical reasons that led to the formation of the UDHR. It incorporated a form of
natural law language by inserting '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'. Following is the division of articles as per their contents -
Art 1-2: The basic concepts of dignity, liberty and equality are established.
Art 2-21: Deals with those civil and political rights which have been generally recognised
throughout the world like right to privacy, nationality, property etc.
Art 22-27: Deals with economic and social rights like right to rest and leisure, right to participate
in cultural life etc.
The Declaration laid down under Article 29 certain limitations to these rights and freedoms, by
providing that everyone has duties to the community in which alone the final and full
development of his personality is possible.

Legal Effect of the Declaration

The human rights in the form of norms mentioned in the Declaration are fundamental in a moral
sense and are universal, indivisible, interdependent and interrelated. The Declaration was not
intended to be legally binding and therefore it did not impose any legal obligations on the States
to give effect to its provisions. The main object of the Declaration was to present the ideals of
human rights and freedoms in order to inspire everybody to work for their progressive
realisation.
The Declaration is deficient in three aspects-
a. It is not binding on States as law but rather a U.N. recommendation to States.
b. Some of its provisions are as general as that of Article 55 of the U.N. Charter
c. The Declaration offered no means of implementation other than State goodwill.

8. Custom as a source of International Law.

Ans. Oppenheim defines custom as a clear and continuous habit of doing certain actions which
has grown up under the aegis of the conviction that these actions are, according to International
Law, obligatory or right. They evolve through the practices of and usages of nations and their
recognition by the community of nations.
Custom is referred to those habits which are regarded as binding upon the States. Thus, when a
habit or usage becomes obligatory on a State to practice, it is known as custom.

Formation of a Customary Rule

In order to establish the existence of an international custom, primarily three elements are
required to be present which are duration, continuity and generality.
a. Duration - When a particular usage is practised by the States for a long duration, it has a
tendency to become custom. How much time usage takes to transform into custom is a
question which is difficult to answer.
b. Uniformity or Consistency - A practice is required to be followed consistently by the States.
the practice should be 'constant and uniform.' While complete uniformity is not required,
uniformity should be 'substantial'.
c. Generality - It is essential that a usage should be practised by most of the States in order to
transform into a custom. The above implies that there is no rule which prescribes that the
consent of all States is a necessary condition to the formation of a customary rule. It follows
that if a usage is practised only by a limited number of States it will not transform into
custom.
When a usage is attributed to the above elements, it acquires the status of custom.

Opinio Juris
In addition to the above, some writers have regarded the presence of another element, i.e., opinio
juris et necessitatis which means that recognition of a certain practice as 'obligatory' by the State
i.e, States must recognise the custom as binding upon them as law.

Kinds of Customary Rules

a. General - General customary rules are those which are binding generally on all the States
such as the basic rules of the law of treaties, of diplomatic intercourse or of the law of the
sea.
b. Particular - Particular customary rules or local customary rules are those where a practice
has developed between the two States. Thus, such rules are binding only on two States. Such
customary rule is also sometimes called 'bilateral custom'.

9. UNICEF
Ans. United Nations Children’s Fund (UNICEF) is a special program of the United Nations
(UN) devoted to aiding national efforts to improve the health, nutrition, education, and general
welfare of children. It was created in 1946 as International Children’s Emergency Fund (ICEF)
by the UN relief Rehabilitation Administration to help children affected by World War II. It is
guided by the Convention on the Rights of the Child, 1989. Headquarters: New York City.

Functions of UNICEF
● UNICEF engages in fighting for the rights of children all over the world.
● It also works to provide safe shelter, healthcare, nutrition, education, equality and protection
from disaster and conflicts.
● Other areas the UNICEF works are providing vaccines, safe water and sanitation, HIV
prevention in mothers and babies, protecting children from violence and abuse, early
childhood development, adolescent health, etc.
● It also works in regions embroiled in humanitarian crises, to give relief and rehabilitation.
● UNICEF also comes up with research reports on various aspects related to children all
around the globe.
● UNICEF works with all its partners towards the attainment of the sustainable human
development goals adopted by the world community.

Strengths of UNICEF
● UNICEF can impact major changes in strategy as well as practice, even though the pace may
be slow.
● It has become an authority on the education of girls, especially through its Child Protection
programmes and the UNAIDS.
● UNICEF plays a significant role in emergency response and it has improved by a huge
degree in emergency planning and preparedness.
● It has gender sensitive programming although it has miles to go in this regard.
● Security standards have been introduced and security capacity and communications networks
strengthened.

Weaknesses of UNICEF
● Self-Image & criticising governments: UNICEF has the image of an agency that keeps its
distance, never directly pointing fingers at rogue governments, for fear of its operations being
shunted out of that country.
● Partnership: There has been a rapid increase in collaboration and diversification of
partnerships with civil society. Despite this, UNICEF priorities and strategies for partnerships
are limiting the scope for partnership.
● Bureaucracy and complexity: UNICEF is a largely bureaucratic organisation and suffers
from the problems associated with this such as wasteful spending, red tape, etc.

10. Role of NGOs in the protection of Human rights

Ans. NGO’s have a vital role to play in the promotion and protection of human right specially in
the developing country.
a. The Social Welfare Role - where relief and charity are key actions. NGOs in this role can be
seen as initiating internal programs and projects.
b. The Mediatory Role: where communication as a skill is important for development and
social action. NGOs in this role can be seen as participating or taking up external programs
and projects.
c. The Consultative Role: where support documentation and dissemination of information and
expertise is critical. NGOs in this role can be seen as working in collaborative programs.
Local experts/professionals/resource persons play major secondary roles.
d. Development and Operation of Infrastructure: Community based organizations and
cooperatives can acquire, subdivide and develop land, construct housing, provide
infrastructure and operate and maintain infrastructure such as wells or public toilets and solid
waste collection services.
e. Supporting Innovation, Demonstration and Pilot Projects: NGO have the advantage of
selecting particular places for innovative projects and specify in advance the length of time
which they will be supporting the project - overcoming some of the shortcomings that
governments face in this respect.
f. Facilitating Communication: The significance of this role to the government is that NGOs
can communicate to the policy-making levels of government, information about the lives,
capabilities, attitudes and cultural characteristics of people at the local level. NGOs can
facilitate communication upward from people to the government and downward from the
government to the people.
g. Technical Assistance and Training: Training institutions and NGOs can develop a technical
assistance and training capacity and use this to assist both CBOs and governments.
h. Research, Monitoring and Evaluation: Innovative activities need to be carefully
documented and shared - effective participatory monitoring would permit the sharing of
results with the people themselves as well as with the project staff.

11. National Commission for Minorities.

Ans. The National Commission for Minorities is a statutory body that was originally titled
Minorities Commission. With the enactment of National Commission for Minorities Act 1992,
the Minorities Commission (a non-statutory body) was renamed as National Commission for
Minorities. The commission works for the development of the recognized minorities in India.

Composition of NCM
It has seven members:
a. A chairperson
b. A vice-chairperson
c. 5 members
Each member of the commission holds the office for three years from the date of assumption of
the office. The members of the National Commission for Minorities are nominated from amongst
the persons of eminence, integrity and ability.

Functions of NCM
The National Minorities Commission performs the following functions:
1. It evaluates the progress of the development of minorities under both central and state
governments.
2. It monitors the working of the constitutional laws enacted for the welfare of minorities, both
by central and state governments.
3. It makes recommendations for the implementation of protective safeguards for the minorities.
4. It is the authorized body to look into complaints regarding deprivation of the rights and
safeguards of the minority communities.
5. It initiatives studies concerning minorities’ issues arising from discrimination.
6. It conducts studies, research and analysis concerning issues related to the socio-economic
and educational development of minorities.
7. It presents periodic or special reports concerning minorities and their issues to the central
government.
8. It governs matters which the central government refers to.

Which minority communities are governed by NCM?

The six religious communities notified as minority communities in India:
1. Muslims
2. Christians
3. Sikhs
4. Buddhists
5. Zoroastrians/Parsis
6. Jains

12. Rights of Prisoners in India.

Ans. Who is a Prisoner?
Section 1 of the Prison Security Act1992, defines the term prisoner. The word prisoner means
any person for the time being in a prison as a result of any requirement imposed by a court or
otherwise that he be detained in legal custody.

Rights under Constitution of India

a. Art 14 - The State shall not deny to any person equality before law or the equal protection of
laws within the territory of India.
b. Art 19 - Certain freedoms i. e freedom of speech and expression under Article 19 (1)(a)
freedom to become a member of an association under Article 19 (1)(g) cannot be enjoyed
by the prisoners because of the very nature of these freedoms.
c. Art 21 - No person shall be deprived of his/her life or personal liberty except according to
procedure established by law.
following rights are implicit under Art 21:
a. Right to Free Legal Aid - Government is under obligation to offer legitimate types of
assistance to the charged people.
b. Right To Speedy Trial - It is the constitutional duty of the State to set up procedure to ensure
Speedy Trial.
c. Right Against Cruel & Unusual Punishment - Use of third degree method by police is
violative of Article 21 of the Constitution of India.
d. Right To Fair Trial - Denial of Fair Trial is crucifixion of Human Rights. It is ingrained in
the concept of due process of law. Once prejudice is caused to the accused during trial, it
occasionally results in Failure of Justice.
e. Right To Live With Human Dignity - Right to life or live does not confine itself to mere
physical existence but also includes the right to live with human dignity.
f. Right To Meet Friends & Consult Lawyer - Visit from friends and family members gives
them mental stability.
g. Right To Reasonable Wages In Prison - The wage rate should not be trivial or below
minimum wages.

Prisoners Rights under the Prisons Act, 1894

● Accommodation & Sanitary Conditions For Prisoners
● Provision For The Shelter & Safe Custody Of The Excess Number Of Prisoners Who Cannot
Be Safely kept in Any Prison
● Provisions Relating To The Examination Of Prisoners By Qualified Medical Officer
● Provisions Relating To Separation Of Prisoners, Containing Female & Male Prisoners, Civil
and Criminal Prisoners and Convicted and Under-trial Prisoners
● Provisions Relating To Treatment Of Under-trials. Civil Prisoners. Parole and Temporary
Release Of Prisoners

13. International Court of Justice.

Ans. The International Court of Justice (ICJ) is the principal judicial organ of the United Nations
(UN). It was established in June 1945 by the Charter of the United Nations and began work in
April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands).

Structure of ICJ
The ICJ is composed of 15 judges.
● The judges have a tenure of nine years each.
● They are elected independently by the UNGA and the UNSC. The candidate should get an
absolute majority in both the UNGA and the UNSC to be elected.
● No two judges can have the same nationality in the ICJ.
● Elections are held every three years for one-third of the seats, and retiring judges may be
re-elected.
● The members of the ICJ do not represent their governments but are independent magistrates.
● The judges must possess the qualifications required in their respective countries for
appointment to the highest judicial offices, or be jurists of recognized competence in
international law.
● The judges are distributed as per the regions:
a. 3 from Africa
b. 2 from Latin America and the Caribbean
c. 3 from Asia
d. 5 from Western Europe and other states
e. 2 from Eastern Europe
● Among the 15 judges, there is a President, a Vice President and a Registrar.
● Every State government party to the Charter designates a group that proposes candidates for
the office of ICJ judges.

ICJ Jurisdiction
The ICJ has two types of jurisdictions:
● Contentious cases
a. ICJ, in accordance with international law, settles disputes of legal nature that are
submitted to it by states.
b. Countries should apply and only then appear before the ICJ. International organisations,
other authorities, and private individuals are not entitled to institute proceedings before
the ICJ.
c. The Court can only deal with a dispute when the States concerned have recognized its
jurisdiction.
d. The judgment is final, binding on the parties to the case and without an appeal.
● Advisory opinions
a. The advisory procedure is available to five UN Organs, fifteen Specialized Agencies, and
one Related Organisation.
b. Despite having no binding force, the Court’s advisory opinions nevertheless carry great
legal weight and moral authority and thus help in the development and clarification of
international laws.
14. Principle of Non-Intervention.
Ans. What is the Principle of Non-Intervention
The non-intervention rule is a principle of international law that restricts the ability of outside
nations to interfere with the internal affairs of another nation. At its core, the principle is a
corollary to the right of territorial sovereignty possessed by each nation.
Famed Swiss legal philosopher Emmerich de Vattel was arguably the first jurist to articulate the
non-intervention principle in his treatise The Law of Nations, published in 1758.

Provisions containing this Principle in the International Law

● The non-intervention principle received official United Nations recognition when the General
Assembly adopted the Declaration on the Inadmissibility of Intervention and
Interference in the Domestic Affairs of States in 1965.
● Article 2(7) of the UN Charter expressly provides that other than Security Council actions
authorized under Chapter VII of the Charter, “nothing contained in the present Charter shall
authorize the United Nations to intervene in matters which are essentially within the
domestic jurisdiction of any state . . .”.
● The International Court of Justice also weighed in on the interpretation of the
non-intervention principle in the Nicaragua case brought by Nicaragua against the United
States as “The principle of non-intervention involves the right of every sovereign State to
conduct its affairs without outside interference . . . .”

Types of Intervention
● Direct - The direct threat or use of military force against a nation is obviously coercive.
● Indirect - Indirect interference through other means, such as economic and political pressure,
propaganda campaigns or control of media messages.

15. Judicial Activism in environmental law.

Ans. International Law and State Courts
The environmental decisions of the national / state courts and international environmental law
have influenced each other. The decisions of the state courts which are 'subsidiary sources' under
Article 38(1) of the statute of the ICJ, may lead directly to the growth of 'customary' rules of
international law. Similarly, the state courts have often developed national environmental
jurisprudence by taking inspiration and help from the international environmental laws.
General Principles and Rules of International Environmental Law
General principles of international environmental law reflect in treaties, binding acts of
international organizations, state practice, and soft law norms. These are:
a. The obligation reflected in Principle 21 of the Stockholm Declaration and Principle 2 of the
Rio Declaration, namely that states have sovereignty over their natural resources and the
responsibility not to cause environmental damage;
b. The principle of preventive action;
c. The principle of good neighborliness and international cooperation;
d. The principle of sustainable development;
e. The precautionary principle;
f. The polluter-pays principle; and
g. The principle of common but differentiated responsibility.

International Law and Indian Courts - Role and Status of the Indian Judiciary
In many cases where the legislative and executive authorities have failed to carry out their
constitutional obligations, the Judiciary has stepped up to offer “judicial activism”. The
environmental jurisprudence in India underwent some major changes in the 1980s. The period
not only involved executive and legislative activism but also effective judicial activism. An
effective measure of judicial activism was the relaxation of locus standi and allowing citizens to
approach the courts under Article 32 and Article 226 of the Constitution.
● Relaxation of Locus Standi - The Supreme Court has been very sensitive towards the
predicaments of the poor and oppressed by allowing “representative standing” i.e., by
allowing the poor and the oppressed to be represented by the NGOs concerned and other
professional groups.
● Tort based Litigation - Tortious liabilities for environmental harm are available in the form
of trespass to land, nuisance, public nuisance and negligence. The Indian courts have done a
notable job in developing the concept of tortious liability in environmental law cases.
● The Precautionary Principle - According to this principle, the government and the health
authorities are required to take appropriate actions to control and regulate environmental
pollution. Environmental activists believe that the lack of full certainty is not a justification
to prevent something that might result in serious or irreversible damage.
● The Polluter Pays Principle - Polluter Pays Principle is another environmental policy
principle, which says that “the cost of the pollution should be borne by the ones who cause
it”.
● The Sustainable Development Principle - Sustainable development means the type of
development which can be sustained by nature/ecology with or without mitigation.

16. Plurilateral Treaties.

Ans. Definition
Those treaties where the participation is open to a restricted number of States are described as
plurilateral treaties. The regional arrangements as envisaged under Article 52 of the Charter of
the United Nations are included under this category.
No. of Parties - The minimum number of parties in such treaties should be more than two.
Although the maximum number may differ from one to another, it should not be open to all or
most of the members of the international community as in the case of multilateral treaties.
Examples - The European Coal and Steel Community, Organization of the Petroleum Exporting
Countries (OPEC), North Atlantic Treaty Organization (NATO), League of Arab States are some
of the examples of plurilateral treaties.

17. International Bill Of Rights

Ans. What is International Bill Of Rights
The International Bill of Human Rights is an informal name given to the series of documents
established by the United Nations. It consists of the Universal Declaration of Human Rights
(adopted in 1948), the International Covenant on Civil and Political Rights (ICCPR, 1966) with
its two Optional Protocols and the International Covenant on Economic, Social and Cultural
Rights (ICESC, 1966) with its optional protocol.
UDHR - It establishes the rights and freedoms of all members of the human race. It is a primary
proclamation of the international community's commitment to human rights as a common
standard of achievement for all peoples and for all nations. Its provisions have also influenced
various national constitutions, national legislations, regulations and policies that protect
fundamental human rights. These domestic manifestations include direct reference to the
Universal.
ICCPR - It is a multilateral treaty that commits nations to respect the civil and political rights of
individuals, including the right to life, freedom of religion, freedom of speech, freedom of
assembly, electoral rights and rights to due process and a fair trial.
Optional Protocols of ICCPR - The First Optional Protocol establishes an individual
complaints mechanism, allowing individuals to complain to the Human Rights Committee about
violations of the Covenant. The Second Optional Protocol abolishes the death penalty; however,
countries were permitted to make a reservation allowing for use of death penalty for the most
serious crimes of a military nature, committed during wartime.
ICESCR - It is a multilateral treaty that commits nations to respect the economic, social, and
cultural rights (ESCR) to the Non-Self-Governing and Trust Territories and individuals,
including labour rights and the right to health, the right to education, and the right to an adequate
standard of living.
Optional Protocol of ICESCR - It allows its parties to recognise the competence of the
Committee on Economic Social and Cultural Rights to consider complaints from individuals.

18. European Convention on Human Rights

Ans. What is the Convention?
An international treaty known as the European Convention on Human Rights (ECHR; officially
the Convention for the Protection of Human Rights and Fundamental Freedoms) was created to
safeguard political freedoms and human rights in Europe. The convention was created in 1950 by
the then-newly established Council of Europe and went into effect on September 3, 1953. It is a
treaty meant to uphold the rule of law and advance democracy throughout Europe.

Structure of the Convention

It has 59 articles in total and is divided into 3 sections.
Section 1 - It is composed of Articles 2-18, contains the majority of the rights and liberties.
Section 2 - It is composed of Articles 19-51, where a Court is established, along with its
procedures.
Section 3 - It is composed of Articles 52-59, containing various concluding clauses.
Many of the Articles in Section I are divided into two paragraphs: the first outlines a
fundamental freedom or right, while the second lists various exclusions, exceptions, or
restrictions on the fundamental freedom. Additionally, the Convention includes sixteen protocols
that modify the original articles. These concern many different topics, including the right to own
property, education, and free elections.

The European Court of Human Rights (ECtHR)

It is a regional human rights judicial body established under the auspices of the Council of
Europe in Strasbourg, France. It supplements the work of the European Committee of Social
Rights, which monitors European states' adherence to social and economic rights.

19. Rights of Workers

Ans. International Labor Standards
International labor standards are embodied within a range of international organizations and
institutions. The International Labor Organization (ILO) is generally acknowledged for its
central role in creating and promoting international labor standards.
In 1998, the International Labor Organization (ILO) adopted a “Declaration on Fundamental
Principles and Rights at Work” in response to growing concerns about the effects of global
competition on workers. The Declaration affirms that all ILO member nations have an obligation
to respect, promote, and realize the most fundamental workers’ rights:
● Freedom of Association and the Right to Collective Bargaining
● Elimination of all Forms of Forced or Compulsory Labor
● Effective Abolition of Child Labor
● Elimination of Discrimination in respect of Employment and Occupation
● A safe and healthy working environment

Provisions for workers under Indian Constitution

● Art 16 - Prohibits the State from discriminating on the basis of religion, race, caste, sex,
descent, place of birth, residence, or any combination of these factors, and guarantees equal
opportunity in public employment.
● Art 19 - Protects ‘the right to free speech and expression, the right to peaceful assembly
without the use of arms, the right to assemble in unions or associations, the right to practise
any profession, and the right to engage in any occupation, trade, or business.’
● Art 23 - Human trafficking and forced labour are prohibited
● Art 24 - Prohibits the employment of children under the age of 14 in any factory, mine, or
other hazardous occupation.
● Art 39 - There is equal pay for equal work for both men and women; 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 children are not abused and that citizens are not forced by
economic necessity to enter avocations unsuited to their age or strength;
● Art 41 - The State shall 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 - 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 to all workers, agricultural, 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
● Art 43A - Secure the participation of workers in the management of undertakings,
establishments or other organisations engaged in any industry.

Rights of Workers under Indian Labour Laws

● Right to work of one’s choice
● Right against discrimination
● Prohibition of child labour
● Just and humane conditions of work
● Social security
● Protection of wages
● Redress of grievances
● Right to organize and form trade unions, collective bargaining and participation in
management
20. Mediation.
Ans. What is Mediation
When the parties are not inclined to settle their dispute by negotiation, or when they fail to settle
their dispute by negotiation, they may take the assistance of a third party in resolving their
differences. The third party may be appointed by the parties themselves or by the Security
Council.
When the third party participates in the discussion along with the disputant States, and also gives
its own suggestions in resolving the dispute, the process is known as mediation.

The Role of a Mediator

Mediators are also known as the “Third Party”. The role of the mediator consists in reconciling
the opposing claims and appeasing the feelings of resentment which may have arisen between
the States at variance. The mediator is required to be neutral and impartial. He must necessarily
meet with them and enter into discussions. He should encourage compromise than advice
adherence to legal principles.
The mediator may even sign the treaty embodying the settlement reached. The mediator may
thus become, to a greater or less degree, perhaps merely by implication, a guarantor of the
settlement.

The Aim of Mediation

The aim is fourfold: to settle disputes, to do so in a peaceful manner and to do so in a manner
preserving peace and security as well as justice. The aim of processes like mediation is to find an
apt solution that works for the parties and solves their dispute.

Mediation by Countries
● Tashkent Declaration: The Tashkent declaration of 1966 was mediated by the USSR. It was
a conflict between India and Pakistan over the Kashmir issue. The declaration led to the
restoration of friendly relations between India and Pakistan.
● Arab-Israeli Conflict: A recent mediation case has been in the year 2020 where the United
States acted as a mediator in solving the Arab-Israeli conflict.

21. Convention on Law of the Sea

Ans. What is UNCLOS?
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the
Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a
legal framework for all marine and maritime activities. It was adopted in 1982. It embodies in
one instrument traditional rules for the uses of the oceans and at the same time introduces new
legal concepts and regimes and addresses new concerns. UNCLOS replaced the four treaties of
the 1958 Convention on the High Seas.

UNCLOS Features
Some of the important features of the United Nations Convention on the Law of the Sea are
listed below:
● Nations are provided with full money rights by UNCLOS for a 200-mile zone along the
shoreline.
● The sea and oceanic bed extending to this area are regarded to be the Exclusive Economic
Zone (EEZ) of a country and that country can use these waters for their economic utilization.
● Another important organization that plays a vital role in UNCLOS operations is the
International Maritime Organization (IMO).
● Other important parties involved in Nautical Law and its functioning are the International
Seabed Authority and the International Whaling Commission.

Initiatives under UNCLOS

UNCLOS 1
It resulted in four treaties concluded in 1958:
● Convention on the Territorial Sea and Contiguous Zone
● Convention on the Continental Shelf
● Convention on the High Seas
● Convention on Fishing and Conservation of Living Resources of the High Seas
Although UNCLOS I was considered a success, it left open the important issue of breadth of
territorial waters.

UNCLOS 2
In 1960, the United Nations held the second Conference on the Law of the Sea ("UNCLOS II");
however, the six-week Geneva conference did not result in any new agreements.
UNCLOS 3
The convention introduced a number of provisions. The most significant issues covered were
setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones
(EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of
the marine environment, scientific research, and settlement of disputes. The convention set the
limit of various areas, measured from a carefully defined baseline.

3. Situational Problem (2 questions, 6 marks each)

1. The closure of many tea gardens in the state of Assam is resulting in loss of jobs for the
daily Wage workers who worked in these tea gardens. Many laborers and their family
members are Facing acute starvation many a times resulting in deaths.
a. Which rights of laborers are violated in the above case.
Ans. Right to Livelihood under Art 21, protection of wages, right to social security, right to
just and human conditions of work.

b. What are your suggestions to improve the condition of laborers?

Ans. Workers are pushed to acute starvation and even death due to food shortage, extremely
low wages, compounded by the absence of proper drinking water, unjustified work
conditions and inadequate housing and healthcare facilities. As a relief measure, immediate
implementation of the national food security scheme should be done which provides cheap
grains as well as safe drinking water to the poor, healthcare and immediate assistance to
workers of closed plantations.

2. In recent times there have been ceasefire violations along the India Pakistan border on
many Occasions resulting in loss of life of array mace and civilians.
a. What are the results of such ceasefire violations under International law?
Ans. The State which violated the agreement will be held responsible under the principle of
State responsibility. A state must make full reparation for any injury caused by an illegal act
for which it is internationally responsible. Reparation consists of restitution of the original
situation if possible, compensation where this is not possible, or satisfaction (i.e.,
acknowledgment of an apology for the breach) if neither is possible.

b. What are the rights of affected states in such situations?

 Ans. The affected state has a right to self-defence and take all the necessary steps to protect
its sovereignty and territorial integrity, and ensure peace and security of its citizens at all
times.

3. The 1972 Stockholm conference had the effect of initiating worldwide participation and
Partnership in creating awareness to preserve the environment from further damage.
a. State two major suggestions of the Stockholm conference for improvement of the
Environment.
Ans. (1) Management of Renewable Resources - In the war of saving our resources, the
human community needs to come up as one unit to maintain the capacity of the earth to
produce vital renewable resources.
(2) Pollution Control - Every person should put their possible efforts and should protect the
environment from pollution. Everyone has to struggle a bit to control the pollution on the
earth so that everyone enjoys nature without pollution.

b. Write any two provisions which were inserted in the Indian constitution as an
impact of the Stockholm conference.
Ans. Article 48-A - an obligation on the state to “protect and develop the environment, as
well as safeguard the country’s forests and wildlife”.
Article 51-A (g) - Citizens have a basic responsibility to “protect and develop the natural
environment, including forests, lakes, rivers, and animals, and to show compassion for living
creatures,”.

4. Sarita a middle class girl from village Got married to Mahesh who was a class one
Officer in Maharashtra Public Service Commission. After her marriage she went to
Stay with her husband in Mumbai. Mahesh did not take her to any of the social
Gatherings and told her that he feels ashamed of her and gradually he started abusing
her Verbally & physically.
a. Which rights of Sarita are violated in the above case? Explain.
Ans. Right to live with dignity and Respect - Not only the laws for married women’s rights
in India, but also the fundamental right guaranteed under Article 21 of the Constitution of
India ensures a person’s right to live with dignity.
 Right against Violence - The Protection of Women Under Domestic Violence Act (D.V.
Act), 2005 criminalises physical, emotional, sexual, economical and other forms of
ill-treatment.
The right to participate in recreational activities, sports and all aspects of cultural life
under CEDAW.

b. Write any two legislations which aim at upliftment of rights of women passed.
Ans. The Protection of Women From Domestic Violence Act,2005, The Maternity Benefit
Act 1961.

5. Children below the age of 14 years should be given free and compulsory education as
per the amendment in the Constitution. The Supreme Court Has been instrumental in
bringing the welcome change by way of its enthusiastic judgments.
a. Which convention deals with the issues related to children?
Ans. Convention on the Rights of the Child (CRC).

b. Write a note on the rights of Children with the help of case laws.
Ans. United Nations educational guides for children classify the rights outlined in the
Convention on the Rights of the Child as the “3 Ps“: Provision, Protection, and
Participation.They may be elaborated as follows:
● Provision: Children have the right to an adequate standard of living, health care,
education and services, and to play and recreation. These include a balanced diet, a warm
bed to sleep in, and access to schooling.
● Protection: Children have the right to protection from abuse, neglect, exploitation and
discrimination. This includes the right to safe places for children to play; constructive
child rearing behavior, and acknowledgment of the evolving capacities of children.
● Participation: Children have the right to participate in communities and have programs
and services for themselves. This includes children’s involvement in libraries and
community programs, youth voice activities, and involving children as decision-makers.
In Gaurav Jain v Union of India, the Supreme Court held that the children of the prostitutes
have the right to equality of opportunity, dignity, care, protection and rehabilitation so as to be
part of the mainstream of social life without any pre-stigma attached on them.
6. In a Supreme Court Judgement the court reinforced the argument that all the Three
organs of Government; legislature, executive and judiciary must act According to the
constitutional mandate of equality between men and women.
a. Give any two landmark judgments of the Supreme Court reinforcing Right to
equality for women.
Ans. Shayara Bano v. Union of India - The SC on the practice of Triple talaq held that the
practice was demeaning to women's integrity and equality, as it breached our Constitution's
Articles 14, 12, 21, and 25.
Vishakha & Ors. v. State of Rajasthan - The SC held that Gender equality includes
protection from sexual harassment and right to work with dignity, which is a universally
recognised basic human right.

b. Explain how the legislature has actively incorporated the above Observation of the
Supreme Court.
Ans.

c. Give the names of a few Acts on The rights of women.

Ans. The Provisions of The Protection of Women From Domestic Violence Act,2005. Dowry
Prohibition Act, 1961, The Maternity Benefit Act 1961, Muslim Women (Protection of rights
on divorce) Act 1986

7. A mail steamer collided on the high seas with another ship. There were Allegations that
the collision was caused due to negligence of the officer Who was commanding the
steamer. As a result of the collision the ship sank And some persons on board died.
a. Write the name of the famous case relating to similar circumstances.
Ans. The Lotus Case (France vs Turkey)

b. Which court gave the judgement.

Ans. Permanent Court of International Justice

c. Explain the judgement in short in the above case.

Ans. The French and the Turkish government were strongly blaming each other and
Monsieur Demons was being charged by the Turkish government for knowingly causing the
 accident. The French government further contended that only they have a right to trial the
individual because the incident involved a French ship and a French National.
The PCIJ held that Turkey had violated no norms of International Law by instituting a case
against Monsieur Demons and also had no rights to prosecute him.
The Court held that a ship in the high seas is assimilated to the territory of the flag State. This
State may exercise its jurisdiction over the ship, in the same way as it exercises its
jurisdiction over its land, to the exclusion of all other States. In this case, the Court equated
the Turkish vessel to Turkish territory.

8. In a remote District in the State of Battisgarh, a group of twenty five women Were forced by
local District administration to undergo sterilisation. Due to Medical negligence, fifteen
women lost their lives. A local NGO wants to file a PIL.
a. According to you, what fundamental rights have been violated in this Case?
b. Under which Constitutional provisions can the NGO file PIL?
c. Can the Court award compensation to the families of deceased Women in PIL?
9. The State of Iraq annexes the neighbouring State of Suwait. The UN Security Council passed
a resolution directing the State of Iraq to withdraw its forces From the State of Suwait. When
the State of Iraq refused to comply with The resolution, the UN Security Council passed
further resolution calling upon All the member states to provide support to military action
against the State Of Iraq.
a. Are the UN security Council Resolutions passed, under the UN Charter binding on the
States?
b. Does the UN Security Council have power to take military action Against the States
which do not comply with its resolutions?
c. Write a historical precedent governing the situation.
10. In the District of O.P. in India, many cases of communal violence have taken place In the last
four months in which instances of atrocities against members of minority Community have
been reported. Mr. X is one such victim from the minority Community. He has demanded
inquiry into these cases.
a. Which Commission can take cognisance of Mz. X’s complaint?
b. What are the powers concerning inquiry of commission?
c. Write constitutional provisions for protection of minorities.
11. Air India Authority made regulations and prescribed for different retirement Age and rules of
service for male and female attendants. The petitioner Air Hostess was terminated from her
job on the ground of her first pregnancy. The Petitioner challenged this rule.
a. Are human rights violated in the above case? Give reasons with the help Of case laws.
b. Explain the provisions of ‘Art 14 and Art 15 as laid down in the Constitution Of India.
12. Aranjho was a national of the State of Synthia. The Civil war in Synthia forced People to
move to some other country. Aranjho along with his family moved to A neighbouring
country, Burgus. Burgus allowed the people from Synthia to Stay, but declined to give them
citizenship.
a. Define Nationality.
b. Who are aliens? What are the rights of aliens?
13. Aman was detained in the local police station by the police. Later on, his body Was found
lying on the railway tracks. The police claim that he committed Suicide, but post-mortem
report revealed that he died of internal injuries that May have caused due to excessive
beatings.
a. Which Convention aims at safeguarding the rights of prisoners? Give Two case laws.
b. What are the guidelines given by the Supreme Court in cases of custodial Violence and
custodial deaths? Write the views of the Supreme Court about Compensation in the above
situations.

4. Write in detail (2 questions, 12 marks each)

1. What is a treaty? What is reservation in a treaty? Write stages of a treaty.
Ans. Treaty Definition
The term treaty means a written agreement by which two or more States or international
organizations create or intend to create a relation between themselves operating within the sphere
of International Law. A treaty may be called a treaty, but at the same time, a variety of other
names may be attributed to the term such as convention, agreement, protocol, declaration,
arrangements, accord, additional articles, aide memoire, code, communique, compact, contract,
instrument and optional clause.

Reservation in a Treaty
When a State accepts a part of a treaty and thereby excludes the legal effect of certain provisions
of the treaty in its application, it is known that a State has accepted a treaty with reservations.
Under Article 2(1)(d), the Vienna Convention defines the term reservation as 'a unilateral
statement, however phrased or named, made by a State, when signing, ratifying, accepting,
approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of
certain provisions of the treaty in their application to that State'.

Stages of a Treaty
Following are the steps which are generally adopted in concluding a treaty :-
1. Accrediting of Persons by the Contracting States: The first step in the conclusion of a
treaty is the appointment of the representatives or plenipotentiary by the States. The
representatives should be equipped with the necessary authority for the conclusion of a treaty.
2. Negotiation: The accredited persons of contracting States proceed for negotiation. In the
stage of negotiations, the proposals of the negotiating parties are put forward, discussed,
harmonised and tentatively agreed upon.
3. Adoption of the Text: When States have negotiated a treaty they settle its form and content
by drawing up a text setting out its provisions. In expressing their agreement with this text,
States are said to 'adopt the text.
4. Consent of the States: States may be bound by the treaties only when they have given their
consent. There are a number of ways in which a State may express its consent to a treaty.
a. Consent by Signature: A State may be regarded as to have given its consent to the text
of the treaty by signature or initialling.
b. Consent by Exchange of Instruments: The consent of States to be bound by a treaty
constituted by instruments exchanged between them may be expressed by that exchange
when the instruments provide that their exchange shall have that effect or it is otherwise
established that those States have agreed that the exchange of instruments should have
that effect.
c. Consent by Ratification: When a treaty signed by the representative of the State is
confirmed by the State, the act of confirmation is called ratification. It is an act by which
a State confirms its signature and by that act finally gives its consent to be bound by a
treaty.
 d. Consent by Accession: Accession is the traditional method by which a State may, in
certain circumstances, become a party to a treaty of which it is not a signatory. When a
State becomes a party through accession, ratification is not required. The act of accession
therefore includes signature as well as ratification.
5. Entry into Force: A treaty enters into force in accordance with the provisions of a treaty. If
no provision is made in a treaty as to this effect, it enters into force as soon as consent to be
bound by the treaty has been established for all the negotiating States.
6. Registration and Publication: A treaty is required to be registered with the Secretary
General of the United Nations, after it has come into force. A non-registered treaty shall be
valid as much as those of registered treaty. However, if a treaty is not registered, Article 102
Para 2 of the Charter provides that no party can invoke that treaty or agreement before any
organ of the United Nations. The Secretariat of the United Nations performs the functions of
publication of treaties in the United Nations Treaty Series (UNTS) together with lists from
time to time of ratifications and accessions by the States.

2. Peaceful settlement of disputes

Ans. What are Peaceful Settlement of Disputes
The Charter of the United Nations has recognized the peaceful settlement of disputes as one of
the principles of the United Nations. Para 3 of Article 2 lays down that 'all members shall settle
their international disputes by peaceful means.......’ The Charter under Article 33, Para 1
enumerates a number of peaceful means for the settlement of disputes. It says that the parties to
any dispute.......shall,.....seek a solution by negotiation, enquiry, mediation, conciliation,
arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful
means of their own choice.

Peaceful Means for Settlement

The various peaceful means for the settlement of disputes may be divided broadly into two
categories. They are: extra-judicial modes of settlement, and judicial settlement.
1. Extra-judicial modes - A dispute is settled by means of an agreement between the disputant
States. Such means of settlement are also sometimes known as 'political means' or
'diplomatic procedures'.
a. Negotiation: When the disputant States settle their disputes themselves by discussion or
by adjusting their differences, the procedure is called negotiation. Negotiation is the
simplest form of settling disputes.
b. Good Offices: When the third party arranges a meeting of the disputant parties so that
they may settle the dispute by negotiation, or wherein he acts in such a way so that a
peaceful solution may be reached, the act is called good offices. It is to be noted that in
the case of good offices, the third party neither participates in the meeting nor gives its
suggestions to the parties as in the case of mediation. Once the parties have been brought
together for the purpose of working out a solution to their controversies, the State or
person rendering good offices has no further duties to perform.
c. Mediation: When the third party participates in the discussion along with the disputant
States, and also gives its own suggestions in resolving the dispute, the process is known
as mediation. The mediator is required to be neutral and impartial. He must necessarily
meet with them and enter into discussions. He should encourage compromise than advice
adherence to legal principles.
d. Conciliation: When a dispute is referred to a commission or a committee to investigate
the basis of the dispute and to make a report containing proposals for settlement after
finding out the facts, the process is known as conciliation. Thus, conciliation is the
process of settling a dispute where endeavours are made to bring the disputant parties to
an agreement and to make a report containing the proposals for a settlement. It is to be
noted that the proposals of the commission are not binding on the States because of its
not being a judgment of any court or a tribunal.
e. Inquiry: When a commission is appointed, consisting of impartial investigators, for
ascertaining the facts of the disputes, the process is called inquiry. The function of the
commission is confined only to the ascertainment of the facts. However, it is done from
the judicial point of view, and it also clarifies questions of law or mixed questions of law
and facts. Inquiry is constituted by 'special agreement' between parties in dispute. The
agreement defines the facts to be examined and the mode and time in which the
commission is to be formed and the extent of the powers of the commission.
f. By the United Nations: The two organs of the United Nations-General Assembly and
the Security Council-have been empowered to discharge certain functions in this regard.
 ● General Assembly: Although, the Assembly has not been empowered to settle the
disputes by any specific means, it may discuss a dispute under Article 11 Para 2 and may
make recommendations to the disputant parties under Article 14 of the Charter for the
measures which they may take for the peaceful adjustment of any situation, which it
deems would likely to impair the general welfare of friendly relations among nations.
● Security Council: Chapter VI of the Charter provides the various modes by which the
Council settles the disputes peacefully.
2. Judicial Settlement - It is a legal process which consists of settlement according to
International Law by an impartial third party, the outcome of which is largely binding on the
disputant States. When a dispute is settled by the 'international tribunal' in accordance with
the rules of International Law, the process is called judicial settlement.
a. Arbitration: Arbitration has been defined by the International Law Commission as 'a
procedure for the settlement of disputes between States by a binding award on the basis
of law and as a result of an undertaking voluntarily accepted. Thus, when a dispute is
submitted by the parties to a body of persons or to a tribunal for their legal decision, the
process for the settlement of dispute is called arbitration.
b. International Court of Justice: Before the creation of the International Court of Justice,
disputes of the States could be decided by the Permanent Court of International Justice.
At present, the International Court of Justice and the arbitration are the judicial modes for
the settlement of disputes.

3. Role of NGO in improvement of the conditions of women in India.

Ans. Introduction
Empowerment of women is the desperate need for the hour. Empowerment of women capacitates
sustainable rural and urban development by uplifting the economic, social and political status of
women in India. Women empowerment can be achieved through provision of adequate education
facilities, political support, and effective legislation system and employment generation for
women. NGO'S and the self-help groups (SHG) play a very vital role towards women
empowerment.

Role of NGOs towards Women Empowerment

The various roles of NGOs towards women empowerment are described below:
● Educating the Rural Women
● Supplementation of Government Efforts
● Efforts Organizing the Rural Women
● Building various Model and Experiment
● Ensure Women's Participation in their empowerment
● Mobilizing the optimum Resources
● Promoting Rural Leadership
● Representing the Rural Women
● Promoting Technology in Rural areas
● Providing effective & efficient Training to Rural Women.
● Monitoring and Evaluation.
● Impact assessment.
● Planning and Implementation

Strategic Areas where NGOs focus to bring Women Empowerment

● Training & Skill Development - NGOs train poor women and provide them opportunities of
self-employment to improve their social and economic status. They also cultivate the habit of
thrift and credit among the poor women to improve their quality of life.
● Legal Awareness and Property Rights - NGOs are working with women to generate
awareness regarding their legal rights. They also provide loan facilities to buy land in groups.
● Fair Trade - Fair trade is a relative term and is about giving poor people power. NGOs help
to cut down on the middlemen and ensure producers get a fair price for their work. They act
as facilitators in this process.
● Credit / Micro Credit / Self-help groups - Provision of credit paves way for social justice
and empowerment. NGOs target and help women by providing credits as they have a history
of being better re-payers of loan.
● Capacity building - Keeping in view of the present state of economic liberalization, NGOs
are also involved in equipping self-employed women with information, knowledge,
technology, training and managerial techniques.

Case Law
In Vishaka and Others v. State of Rajasthan, a writ petition was filed before the Supreme
Court by certain social activists and NGO's with the aim of preventing sexual harassment of
working women in all work places through judicial process, to fill the vacuum in existing
legislation.

Conclusion
NGOs seem to have a significant role in bringing drastic changes in the lifestyle of women. They
are quite successful in making women become independent and self motivated and take their
own decisions in matters concerning them. They have also contributed to increasing the literacy
level and health of women.

4. What are Human Rights? Explain the role of the United Nations in preservation of
Human Rights.
Ans. What are Human Rights?
Human beings are rational beings. They by virtue of their being human possess certain basic and
inalienable rights which are commonly known as human rights. Since these rights to them
because of their very existence, they become operative with their birth. Human rights, being the
birth right, are, therefore, inherent in all the individuals irrespective of their caste, creed, religion,
sex and nationality.

Emergence of UN
The efforts for the creation of an international organisation, in order to establish peace, were
being made even when World War II was in progress. A number of conferences and meetings
were held before the United Nations, an international organisation, was established in 1945.
Many declarations adopted by the conferences laid down the importance of human rights. The
Declaration of the United Nations signed on January 1, 1942 at Washington was the first
document which used the term human rights. The Declaration confirmed the principles of the
Atlantic Charter when it proclaimed that the protection of human rights in all countries was to be
one of the results which was desired to be obtained from the victory over the Axis.

UN Charter
At the San Francisco Conference it was expressed by several delegates that the United Nations
should establish an International Bill of Rights. They were therefore determined that the
promotion and respect for human rights which at present constitute so important and so
conspicuous be an integrated part of the U.N. Charter.

Role of UN in preservation of Human Rights

The United Nations in the past has been able to promote and protect human rights by a number
of ways which are as follows:
a. Human Rights Consciousness - The first and the most important role which the United
Nations has played is that it has made the people and the States conscious about human rights
and fundamental freedoms. The proclamation of the Universal Declaration of Human Rights
containing the universal code of human rights may be regarded as the first step towards the
promotion and protection of human rights.
b. Codification of the Law of Human Rights - The United Nations has codified the different
rights and freedoms by making treaties for all sections of the people such as women, child,
migrant workers, refugees and stateless persons. In addition to the above, the prohibition on
the commission of inhuman acts such as genocide, apartheid, racial discrimination and
torture have been brought within the international rule of law.
c. Monitoring of Human Rights - Treaty bodies, Special Rapporteurs and Working Groups of
the Commission on Human Rights have procedures and mechanisms to monitor compliance
with conventions and investigate allegations of human rights abuses. A number of expert
committees have been established under particular treaties. Human rights monitors have also
been deployed by the General Assembly as part of peace-keeping operations.
d. Procedure for Individual's Complaints - A number of human rights treaties permit
individuals to make a petition before the appropriate international bodies. Individuals and
non-governmental organisations (NGO) were allowed to make a communication to the
Commission concerning "situations which appear to reveal a consistent pattern of gross and
reliably attested violations of human rights."
e. Review of Human Rights Situations - The Human Rights Council has evolved the
Universal Periodic Review (UPR) system which involves a review of the human rights
records of all the number States of the United Nations to improve the human rights situations.
To achieve the UPR involves assessing State's human rights records and addressing human
rights violations wherever they occurred.
f. Coordination of Human Rights Activities - The post of the High Commissioner for Human
Rights was created in 1993 with the intention of strengthening the coordination and impact of
UN Human RIghts activities. He is charged with promoting and protecting the effective
enjoyment of all human rights and maintaining a permanent dialogue with the member
States.
g. By Providing Advisory Services - The High Commissioner for Human Rights provides
advisory services to Governments seeking to improve their human rights performance.
Assistance may be given to draft a Constitution, to improve electoral laws, establish or
upgrade human rights institutions, prepare new criminal codes, or overhaul the judiciary.
h. Enforcement Action by the Security Council - The Security Council of the United Nations
may take enforcement action under Chapter VII of the Charter if it recommends that
violations of human rights in a State is likely to endanger international peace and security.
Enforcement is thus the authoritative application of human rights.

Conclusion
The above point goes to prove that the United Nations has been performing a variety of functions
successfully to promote and protect human rights.

5. Explain evolution of International Human Rights Law and the role of the UN in That
process.
Ans. Evolution of International Human Rights Law
● The idea that human rights could be protected by International Law in addition to municipal
law developed slowly mainly because State sovereignty-a fundamental principle of
international law since its emergence in the seventeenth century, proved a stumbling block in
the efforts to impose international legal obligations upon States to protect individuals.
● The turning point for the traditional approach in International Law came in 1940's in midst of
the extreme human rights abuses in war-torn Europe.
● During World War II, shocking crimes were committed against humanity and there was a
total suppression of fundamental human rights.
● Nazi leaders of Germany had established a regime of complete lawlessness and tyranny.
They had barbarously negated human values and dignity within their territories under their
occupation.
● It was at that time realised that the restoration of the freedoms and rights to the people is one
of the essential conditions for the establishment of international peace and security.

Establishment of UN
● The efforts for the creation of an international organisation, in order to establish peace, were
being made even when World War II was in progress.
● A number of conferences and meetings were held before the United Nations, an international
organisation, was established in 1945.2 Many declarations adopted by the conferences laid
down the importance of human rights.
● The Declaration of the United Nations signed on January 1, 1942 at Washington was the first
document which used the term human rights.
● The Declaration confirmed the principles of the Atlantic Charter when it proclaimed that the
protection of human rights in all countries was to be one of the results which was desired to
be obtained from the victory over the Axis.

Role of UN
● At the San Francisco Conference it was expressed by several delegates that the United
Nations should establish an International Bill of Rights.
● Although that could not be done, it was well realised by the members that it should be the
obligation of the international community to cooperate in eradicating the Scourge of war, and
they were therefore determined that the promotion and respect for human rights which at
present constitute so important and so conspicuous be an integrated part of the U.N. Charter.
● The result was that the Charter contained a number of provisions for the promotion of human
rights and fundamental freedoms in the Preamble and in Articles 1, 13(1)(b), 55, 56, 62(2),
68 and 76(c).
● In addition to the above provisions, the Charter has repeatedly referred to the concept of
'fundamental human rights', 'the dignity and worth of the human person', 'equal rights',
'justice', 'social progress' and fundamental freedoms. The Charter devoted three Chapters to
the self-determination of peoples.
● The Charter by incorporating the provisions relating to promotion of human rights and
fundamental freedoms opened a new dimension towards the progressive development of
International Law.
● Individuals became a focus of international concern by acquiring their own rights.
● The Charter universalized and internationalized the concept of human rights which hitherto
was adopted in some countries.
● It is to be noted that the Charter is a global constitution without a bill of rights. However,
since the adoption of the Charter, international human rights law has been developing in an
unprecedented way, and presently, it has become a substantive part of international law as a
whole.

6. What are the sources of International law?

Ans. Introduction
Methods by which the rules of international law have been discovered or created are known as
the sources of International Law. In the absence of any codified law on the sources of
International Law, Article 38 of the Statute of the International Court of Justice has become
relevant which directs the Court to apply:
(a) international conventions, whether general or particular establishing rules expressly
recognised by the contesting States;
(b) international custom, as evidence of a general practice accepted as law;
(c) the general principles of law recognised by civilised nations;
(d) subject to the provisions of Article 59, judicial decisions and the teachings of the most highly
qualified publicists of the various nations, as subsidiary means for the determination of rules
of law.

Sources of International Law

1. Custom - Oppenheim defines custom as a clear and continuous habit of doing certain actions
which has grown up under the aegis of the conviction that these actions are, according to
International Law, obligatory or right. They evolve through the practices of and usages of
nations and their recognition by the community of nations. Custom is referred to those habits
which are regarded as binding upon the States. Thus, when a habit or usage becomes
obligatory on a State to practice, it is known as custom.
2. Treaties - Treaties are agreements between two or more States or between other subjects of
International Law by which they create or intend to create a relationship between themselves.
Such agreements are sometimes referred to as convention, protocol, accord etc. At present,
 international treaties are the most important source of International Law. Article 38(1)(a) of
the Statute of the International Court of Justice lays down that the Court while deciding
any dispute shall apply international conventions, whether general or particular, establishing
rules expressly recognised by the contesting States, in preference to other sources of
International Law. Treaties therefore have acquired a dominant importance in International
Law.
3. General Principles of Law recognised by Civilized Nations - By the term general
principles of law recognized by civilised nations means those principles which have been
recognised by civilized nations of the World community in their domestic law. Such rules, of
course, are more developed, and therefore, could be adopted in International Law. Although
custom and treaties are in practice the principal sources of International Law, they cannot be
regarded as its only sources. General principles of law recognised by civilized nations were
inserted under Article 38(3) of the Statute of the Permanent Court of International
Justice. The Court is directed to apply general principles of law only when there is no treaty
relevant to the dispute or when there is no customary International Law that can be applied in
a particular case.
4. Judicial Decisions - Judicial decisions are the subsidiary means for the determination of
rules of law and they therefore are the subsidiary and indirect source of International Law. It
is so because the decisions of the courts do not create any precedent. They have no binding
force except to the parties to a particular case. Under the head 'judicial decisions',
contribution of the following may be considered separately:
a. International Court of Justice - International Court of Justice at present is the main
international judicial tribunal. The Court has used its prior decisions for guidance as to
the law, for example, for purposes of illustrating or distinguishing the application of
particular rules. They carry considerable weight and they are respected and it is difficult
for the Court to deviate from its earlier decisions.
b. Awards of the International Tribunals - Awards of the international tribunals such as
the Permanent Court of Arbitration and other tribunals such as the British American
Mixed Claims Tribunal and others have contributed a lot to the development of
International Law.
 c. Decisions of the Municipal Courts - Uniform decisions of the courts of many States
have a tendency to create evidence of international custom especially in those fields of
International Law which are interwoven between International Law and municipal law
such as nationality, extradition and diplomatic immunities. Such decisions are, very often,
considered with respect and have influence in the field of International Law especially in
those cases which cannot be decided by the Court due to non-availability of the rules.
d. Decisions of the Regional Courts - The creation of the regional international courts for
settling the disputes in a particular area is a recent development of International Law.
Instances of such courts are the Court of Justice of the European Communities, the
European Court of Human Rights and the Inter-American Court of Human Rights. They
have contributed immensely to the development of International Law in particular areas.
5. Writing of Jurists - The Statute of International Court of Justice lays down that the
teachings of the most highly qualified publicists of the various nations are a subsidiary means
for the determination of rules of law. It postulates the evidentiary character of teachings of
the 'most highly qualified' publicists. The writings of the most highly qualified publicists
have been included under Article 38(1)(d) of the Statute of the International Court of
Justice next in importance to the judicial decisions as the subsidiary means for determining
the rules of International Law. Thus, this source may be resorted to as final resort.
6. Equity - The term equity, as a source of International Law, is used in the sense of
considerations of fairness, reasonableness and policy often necessary for the sensible
application of the more settled rules of law. Equity has not been mentioned by the Statute of
the International Court of Justice even as a law determining agency. However, it is of great
importance in those fields where rules are not readily available.
7. Resolutions of the General Assembly - The International Court of Justice stated that 'the
Court notes General Assembly resolutions, even if they are not binding. may sometimes have
normative value. They can, in certain circumstances, provide evidence important for
establishing the existence of a rule or the emergence of an opinio juris. They may contribute
to the formation of customary rule or be evidence that it is already formed.

7. Define International Law? Write the sources of International Law

Ans. Oppenheim’s Revised Definition of International Law
International law is the body of rules which are legally binding on States in their intercourse with
each other. These rules are primarily those which govern the relations of States, but States are not
the only subjects of International Law. International organizations and, to some extent, also
individuals may be subjects of rights conferred and duties imposed by International Law.

Sources of International Law - Answered in the above question

8. Explain the concept of Right to healthy environment with the help of Supreme Court
Judgments.
Ans. Environment as a basic right
The concept of human rights in general emerged after the Second World War, but the right to a
healthy environment, as one of those human rights, was never a priority. Today, this right is an
emerging concept that is being hotly debated in the human rights arena. A healthy environment is
an essential aspect of the right to life, not only for human beings but also for other animals on the
planet. Violation, therefore, of the right to a healthy environment is potentially a violation of the
basic right to life.

Right to Healthy Environment in Indian Constitution

The right to life has been used in a diversified manner in India. It includes, inter alia, the right to
survive as a species, quality of life, the right to live with dignity and the right to livelihood. In
India, this has been expressly recognised as a constitutional right. Article 21 of the Indian
Constitution states: 'No person shall be deprived of his life or personal liberty except according
to procedures established by law.' The Supreme Court expanded this negative right in two ways.
Firstly, any law affecting personal liberty should be reasonable, fair and just. Secondly, the Court
recognised several unarticulated liberties that were implied by article 21. It is by this second
method that the Supreme Court interpreted the right to life and personal liberty to include the
right to a clean and healthy environment.

Case Laws
1. Municipal Council, Ratlam vs Shri Vardhichand & Ors, 1980 - In this case a petition was
filed by the residents of a municipality in Ratlam alleging that the municipality is not
constructing proper drains resulting in stench and stink caused by the excretion by nearby
slum-dwellers. It was stated by the Supreme Court that Right to life includes Right to a
 wholesome environment and the residents have the right to exercise it against State. It
acknowledged the effects on the poor of the deteriorating environment and compelled the
municipality to build proper sanitation and drainage.
2. Subhash Kumar v. State of Bihar - There was the discharge of industrial pollution into a
river. The Supreme Court, in this case, noted that article 21 includes the right to life and
enjoyment of pollution-free water and air for full enjoyment of life. If anything endangers the
quality of life a citizen can file a suit under Art. 32 for removing the pollution of water or air
which may be dangerous for life.
3. M.C. Mehta vs Union Of India & Others (Ganga Tanneries Case) - The Court held that
‘the polluting tanneries have to be closed down even though it would bring unemployment,
loss of revenue because the preservation of life, health and ecology are the most important
than anything else’.

Conclusion
Judiciary has played a really important role in the protection of the environment. The timeline of
the past few decades which is filled with landmark judgements is evident of the role played by
the judiciary by giving wide interpretation to the Fundamental rights of the individuals of this
country. One of the major developments was the introduction of Public Interest Litigation
(PIL).

9. What are the rights of children as per the convention on Rights of Child? Discuss
Ans. Introduction
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC
or UNCRC) is an international human rights treaty which sets out the civil, political, economic,
social, health and cultural rights of children. The Convention defines a child as any human being
under the age of eighteen, unless the age of majority is attained earlier under national legislation.

Rights of Children under the Convention

1. No Discrimination - All children have all these rights, no matter who they are, where they
live, what language they speak, what their religion is, what they think, what they look like, if
they are a boy or girl, if they have a disability, if they are rich or poor, and no matter who
their parents or families are or what their parents or families believe or do. No child should
be treated unfairly for any reason.
2. Registration, name, nationality, care - Children have the right to a legally registered name
and nationality. They also have the right to know and, as far as possible, to be cared for, by
their parents.
3. Identity - Children have the right to their own identity – an official record of who they are
which includes their name, nationality and family relations.
4. Keeping families together - Children should not be separated from their parents unless they
are not being properly looked after.
5. Respect for children's views - Children have the right to give their opinions freely on issues
that affect them.
6. Sharing thoughts freely - Children have the right to share freely with others what they learn,
think and feel, by talking, drawing, writing or in any other way unless it harms other people.
7. Freedom of thought and religion - Children can choose their own thoughts, opinions and
religion, but this should not stop other people from enjoying their rights.
8. Setting up or joining groups - Children can join or set up groups or organisations, and they
can meet with others, as long as this does not harm other people.
9. Protection of privacy - Every child has the right to privacy. he law must protect children’s
privacy, family, home, communications and reputation (or good name) from any attack.
10. Access to information - Children have the right to get information from the Internet, radio,
television, newspapers, books and other sources.
11. Children without families - Every child who cannot be looked after by their own family has
the right to be looked after properly by people who respect the child’s religion, culture,
language and other aspects of their life.
12. Health, water, food, environment - Children have the right to the best health care possible,
clean water to drink, healthy food and a clean and safe environment to live in.
13. Food, clothing, a safe home - Children have the right to food, clothing and a safe place to
live so they can develop in the best possible way.
14. Access to education - Every child has the right to an education. Primary education should be
free. Secondary and higher education should be available to every child.
15. Minority culture, language and religion - Children have the right to use their own
language, culture and religion - even if these are not shared by most people in the country
where they live.
16. Rest, play, culture, arts - Every child has the right to rest, relax, play and to take part in
cultural and creative activities.
17. Protection from harmful work - Children have the right to be protected from doing work
that is dangerous or bad for their education, health or development. If children work, they
have the right to be safe and paid fairly.
18. Protection from exploitation - Children have the right to be protected from all other kinds
of exploitation (being taken advantage of), even if these are not specifically mentioned in this
Convention.
19. Protection in war - Children have the right to be protected during war. No child under 15
can join the army or take part in war.
20. Recovery and reintegration - Children have the right to get help if they have been hurt,
neglected, treated badly or affected by war, so they can get back their health and dignity.
21. Children who break the law - Children accused of breaking the law have the right to legal
help and fair treatment.

10. Discuss the role of S.C. in improvement of Rights relating to a healthy environment.
Ans. Introduction
The Supreme Court of India is a well-respected institution; in general, the public views the
Supreme Court of India favorably compared to the state’s legislative and executive branches. The
Supreme Court has successfully dealt with a complex, multifaceted, and rapidly increasing and
changing field of technology and multi-disciplines. Judicial activism has resulted in numerous
developments and has provided the valuable raw material for the development of a
comprehensive Indian environmental law. Thus, in the sphere of environmental justice
administration, the Supreme Court of India has stood tallest not only before the legislature and
executive but also before its counterparts in developed and developing countries, whether old or
young.

Evolution of principles by Indian Judiciary

Judiciary has taken the guidance of certain principles from International environmental law to
help them decide disputes in environmental cases. These principles are:
1. Inter-general equity consists of: – According to this principle, the State is obliged to
conserve and use the environment and its natural resources for the benefit of present as well
 as future generations. Right to a clean environment is not only an individual right but a
collective right available to both present and future generations equally. In G. Sundarrajan
v. UOI 2013, it was stated by SC that Sustainable Development and CSR are inseparable
twins, integrated into the principles of Inter-Generational Equity which is not merely
human-centric, but also eco-centric.
2. Polluter Pays Principle - It states that the polluter should bear the cost of damage caused by
it to the natural environment. In Vellore Citizens’ Welfare Forum v. Union of India 1996,
Court interpreted the principle of Polluter Pays as an absolute liability of the polluter, not
only to compensate the victims for the hurt caused to them but also to pay costs for the
restoration of the natural environment damaged by the activities of the polluter.
3. The Precautionary Principle – It states that even in the absence of scientific evidence,
measures must be taken to anticipate and prevent the causes of environmental degradation. In
AP Control Pollution Board vs. Prof M V Nayadu 1999, Court held that it is better to take
precautions to protect the environment from harm than to wait for the issue to materialize. It
is important to take steps even if there is no scientific evidence of the potential harm to the
environment.
4. Public Trust Doctrine - It states that resources like water, air, sea and forest have a great
importance to the general public that it would be unjustified to make it the subject of private
ownership. M C Mehta v. Kamal Nath 1997 - In this case an attempt was made to divert the
flow of the river to support the commercial activities of a motel. It was held that the State is
the trustee of all natural resources which cannot be permitted to be used for commercial
purposes and can only be used for the benefit of the public as a whole.
5. Sustainable Development Principle - It states that the State should try to strike a balance
between development and environment. In the State of Himachal Pradesh v. Ganesh Wood
Products 1995, The Supreme Court invalidated a forest-based industry, recognizing the
principle of intergenerational equity as being central to the conservation of forest resources
and sustainable development.

Conclusion
The Indian judiciary has taken a leading role in environmental protection and sustainable
development in India. The judiciary’s commitment to social good in general, and environmental
protection in particular, has resulted in the innovative use of “public interest litigation” under
Articles 32 and 226 of the Indian Constitution as a tool for social and environmental justice.

11. What is recognition of states? Explain various theories of recognition.

Ans. Recognition of States
An entity in order to be called a State should possess essential attributes of statehood such as
population, territory, a government and the capacity to enter into relations with other States.
When possession of these attributes in a State is acknowledged by other existing States, it is
known as recognition of State. Recognition may therefore be defined as a formal
acknowledgment by the existing members of the international community of the international
personality of a new State.

Law on Recognition of States

Recognition is granted to a State mainly on political considerations. It was therefore thought that
regulation of this topic by means of international convention is neither desirable nor feasible. In
the absence of any codified rules, the topic of recognition is governed by the State practice and
judicial decisions.

Theories of Recognition
1. Constitutive Theory - According to this theory the personality of a State is created not by
fact but through recognition by other States. In other words, an entity does not become a
State by possessing essential attributes of statehood. It becomes so, when it is recognized by
other States. It implies that other States constitute the personality of a State by granting
recognition.
The constitutive theory suffers from a number of defects which are as follows:
a. When a State comes into possession of all the attributes of statehood, it is not necessary
that its existence is recognized by other States simultaneously. The timing of recognition
may be different from one State to another. It therefore always happens that at a particular
time a State has been recognized by some States only. The acceptance of the constitutive
theory would mean that a State exists for some States and does not exist for others.
b. Recognition is a political act of a State. If this theory is accepted, it would mean that the
fate of the new State would be determined by other States. It is not desirable to give
 discretionary rights to the existing States, whose acts are guided not by any legal norms,
to decide the status of the new entity.
c. Recognition is the acknowledgment of the existence of the attributes of statehood in an
entity. It implies that a State always exists prior to its recognition. Recognition follows
after cognition of facts.
d. Recognition has a retrospective effect. In other words, when a new State is recognized by
other States, the latter is regarded to have recognized all the acts of the former from the
date of its establishment. It follows that a State at the time of granting recognition to a
new State accepts that it has come into existence prior to its recognition. It implies again
that a State exists prior to its recognition.
2. Declaratory Theory - According to this theory a State comes into existence in International
Law as soon as it acquires all the attributes of statehood. By having all the attributes, an
entity exists in fact. Recognition by other States supplies the evidence of this fact. The act of
recognition is therefore a declaration of an existing fact that an entity possesses the essential
attributes of statehood. A State may exist without being recognized, and if it does exist in
fact, then, whether or not it has been formally recognized by other States, it has a right to be
treated by them as a State. The advocates of this theory have therefore reduced the
importance of recognition by saying that recognition is necessary only because it enables
new States to enter into official intercourse with other States.
Defect - A State although would come into existence by having all the essential attributes of
statehood, it would not have legal relationship with other States unless recognized. The theory
therefore is not strictly declaratory. It has elements of constitutive theory.

The practice of States shows that recognition has elements of constitutive theory as well as that
of declaratory theory. In order to answer the above question, statehood may be distinguished into
natural statehood and juridical statehood.

12. “Judiciary has always been active”. Explain the ‘concept of judicial activism’ In
implementation of International Conventions in India for safeguarding Human rights
of citizens with the help of landmark Supreme Court Judgements.
Ans. What is Judicial Activism?
Black Law Dictionary Judicial Activism as a ,” Philosophy of judicial decision making whereby
judges allows their personal views about public policy among other factors to guide their
decision” Exercise of unconventional jurisprudence or creative approach of judiciary can be
called as judicial activism for a instance in India the Supreme Court has treated even a letter as a
writ petition and has passed appropriate orders. This concept has turned into an important means
to enhance the applicability of a particular legislation for social betterment and also to bring
improvement in the concerned state machinery.

Judicial Application of International Human Rights Law

The Supreme Court has been remarkable in promoting and protecting human rights through a
creative reading of the DPSP into Part III of the Constitution and Article 21. The Supreme Court
has extended the meaning of life and personal liberty in a manner where a number of
unremunerated rights were unconsidered under the umbrella term of Article 21.

Case Laws
In the case of kesavananda bharati v/s state of kerala, Chief Justice Sikri observed that: “It
seems to me that, in view of article 51 of the directive principles, this court must interpret
language of the constitution, if not intractable, which is after all a municipal law, in the light of
the United Nations Charter and the solemn declaration subscribed to by India”.
The judicial activism in the field of implementation of international treaties can be marked from
the leading case of Vishakha vs. State of Rajasthan. The hon’ble apex court while
promulgating the guidelines on women’s sexual harassment has observed “in the absence of
domestic law, occupying the field to formulate effective measures to check the evil of sexual
harassment of working women at all work places, the contents of internation conventions and
norms are significant for the purpose of interpretation of the guarantee of gender equality, right
to work with human dignity in Article 14, 15 , 19(1)(g) and 21 of the constitution and the
safeguard against the sexual harassment implicit there in. any international convention not in
consistency with the fundamental rights and in harmony thereof to promote the object of
constitutional guarantee”.
In another case of Neelabati Behera vs. State of Orissa, the hon’ble supreme court while
granting compensation for custodial death has laid down its backing on Article 9(5) on the
conventions on civil and political rights. In another case of Chairman Railway Board vs.
Chandrima Das, the hon’ble supreme court while expanding the scope of article 21 of the
constitution by providing protection to foreign rape victim and referred to the international
convention and declaration of human rights.

Conclusion
The Supreme Court, High court played an important role in protecting and safeguarding human
rights in India. Judiciary provides justice through the interpretation of laws. Sometimes through
the wide interpretation of provision of various legislation and also the provision of the
constitution, the judiciary is able to empower rights. Another role of the judiciary is the activist
role which is popularly known as “Judicial Activism.” When there is no specific law for a
specific offence in that case the judiciary applies its activist power for the protection of our
rights.

13. What do you understand about UNCLOS? Elaborate with the help of examples.
Ans. What is UNCLOS?
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the
Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a
legal framework for all marine and maritime activities. It was adopted in 1982. It embodies in
one instrument traditional rules for the uses of the oceans and at the same time introduces new
legal concepts and regimes and addresses new concerns. UNCLOS replaced the four treaties of
the 1958 Convention on the High Seas.

What is the role of this convention?

The convention defines several maritime zones. Namely the baseline, the territorial waters, the
contiguous zone, the exclusive economic zone, the continental shelf, the International seabed
area.The exclusive economic zone is international water, which can be accessed and used by
each country for economic purposes. It is currently the dominant law of the sea. There is no limit
or boundary set for commercial or marine business in these International waters.

UNCLOS Features
Some of the important features of the United Nations Convention on the Law of the Sea are
listed below:
● Nations are provided with full money rights by UNCLOS for a 200-mile zone along the
shoreline.
● The sea and oceanic bed extending to this area are regarded to be the Exclusive Economic
Zone (EEZ) of a country and that country can use these waters for their economic utilization.
● Another important organization that plays a vital role in UNCLOS operations is the
International Maritime Organization (IMO).
● Other important parties involved in Nautical Law and its functioning are the International
Seabed Authority and the International Whaling Commission.

Different Aspects of the Sea covered in the Convention

1. Territorial Sea (formerly called the Territorial Waters) - Territorial sea may be defined as
that part of the sea which is adjacent to the coast and over which International Law permits
the coastal States to exercise sovereignty subject only to a general right of innocent passage
on the part of foreign shipping. The possession of this territory is neither optional, nor
dependent upon the will of the State, but compulsory.
2. Contiguous Zone - Contiguous zone is that part of the sea which is beyond and adjacent to
the territorial waters of the coastal State. The coastal State does not exercise sovereignty over
 this part of the sea, however, it may take appropriate action to protect its revenue and other
matters. It is to extend 12 miles from the baselines from which the breadth of the territorial
sea is measured.
3. Continental Shelf - The concept of the continental shelf is mainly co-related with the
exploitation of the natural resources from the sea adjacent to the territorial sea. Continental
shelf may be defined as "the zone around the continent extending from the low water line to
the depth at which there is usually a marked increase of declivity to greater depth." It usually
extends to a depth of about 200 meters.
4. Exclusive Economic Zone (EEZ) - The EEZ is an area beyond and adjacent to the territorial
sea extending upto 200 nautical miles seaward from the coast baselines from which the
breadth of the territorial sea is measured. In the EEZ, the coastal States have 'sovereign
rights' for the purposes of exploring and exploiting, conserving and managing the natural
resources, living and non-living resources of the waters superjacent to the sea-bed and its
subsoil.
5. High Seas - Article 1, the Convention defined the term high seas by stating that 'high seas is
that part of the sea that are not included in the territorial sea or in the internal waters of a
State'. Article 87(2) of the convention lays down the limitation of the general nature on the
freedom of high seas by stating that the freedom of the high seas “shall be exercised with due
regard to the interests of other States in their exercise of the freedom of high seas”.
6. International Tribunal for the Law of the Sea (ITLOS) - The International Tribunal for
the Law of the Sea (hereinafter abbreviated as Tribunal) is one of the tribunals which has
jurisdiction to decide the disputes concerning the interpretation or application of the
Convention. The Tribunal has been established in accordance with the Statute which is an
integral part of the Convention and forms Annex 6 thereto.

14. Elaborate the rights of prisoners with the help of D.K. Basu and other Supreme Court
Judgements.
Ans. Introduction
The conviction of a human does not render him non-human. He still remains a human who
should be treated like one. He should be given the basic human rights available to every man
walking on the earth. But at the same time, he should not be treated as a free man with all
absolute rights and luxuries. His freedom should be subject to certain limitations and legal
restrictions. These restrictions, in addition, should be reasonable.

Guidelines Given under DK Basu Case

● It is the duty of the police officers not to use third-degree methods while having investigation
and interrogation from the accused.
● Attention must be required in checking the working environment, training, and orientation of
the police officials with the basic human values.
● The legislature must adopt the recommendations suggested by the law commission report by
inserting Section 114-B.
● A balanced approach should be used by the police to extract the information from hardened
criminals.
● There must be a memo made by the police officer in charge at the time of arrest and at least
one family member of the accused must be present when the arrest is made.
● The requirements under the Constitution under Art. 21 and 22(1) must be followed by police
officers.
● Awareness must be created to the arrestee so that he can understand his basic rights at the
time of the arrest.
● Also, the court has given certain preventive measures that must be followed by the police
officer in charge at the time of the arrest of an accused.

Rights of Prisoners given under Landmark Judgements

1. Fundamental Rights - In the case of T.V. Vatheeswaran Vs State of Tamil Nadu 1983, it
was held that the Articles 14, 19 & 21 are available to the prisoners as well as freemen.
Prison walls do not keep out fundamental rights.
2. Right to Privacy of prisoners and their spouses - In Rahmath Nisha v. Additional
Director General of Prisoner and Others, the court stated that the right to privacy and
dignity of the prisoners should be scrupulously safeguarded. It is also important that the
conversation between the prisoner and his partner or spouse should go unmonitored.
3. Right against solitary confinement and bar fetters - The validity of solitary confinement
was considered by the Supreme Court in the famous case of Sunil Batra v. Delhi
Administration wherein the honourable court highlighted that imposition of solitary
 confinement is only to be made in exceptional cases where the prisoner is of such violent or
dangerous nature that his segregation becomes an utmost necessity.
4. Right to live with human dignity - In the case of Maneka Gandhi v. Union of India, the
apex court propounded a new dimension of Article 21 wherein it stated that "right to life or
live" does not confine itself to mere physical existence but also includes the right to live with
human dignity.
5. Right to health and medical treatment - In the case of Parmanand Katara v. Union of
India, the court held that a doctor working at a Government hospital is bound by duty to
extend any type of medical assistance for preserving life. In fact, every doctor has a
professional obligation of extending his services to the patients (be it anyone) with due
diligence and expertise in order to protect his life.
6. Right to a speedy trial - In AR Antulay v. RS Nayak, the Supreme Court laid down
comprehensive guidelines for accused convicted in a criminal case, and further stated that an
accused cannot be denied his right to speedy trial merely on the ground that he did not
demand the same.
7. Right to legal aid - In the case of Madhav Hayawadanrap Hoskot v the State Of
Maharashtra, the Supreme Court of India emphasized that the government of the country is
under a duty to aid and provide legal services to the convicted or accused individual.
8. Right against Inhuman treatment - In Sunil Gupta v. the State of MP, The court
expressed that the act done by the escort party was inhuman in nature and violative of Article
21 of the Constitution. The court also directed the government to take immediate and
appropriate action against the defaulting escort party for having acted unjustly and
unreasonably in handcuffing the prisoners.
9. Right to Education - In Mohammad Giasuddin v. State of AP, the court tried to regulate
the manner of work and education provided to the inmates of the jail. It directed the state
government to look into the nature of work and education given to the prisoners.
10. Right to receive books/magazines - In George Fernandes v. State, the court held that "all
the restraints on liberty, that no knowledge, learning and pursuit of happiness is the most
irksome and least justifiable.”
11. Right to publication - In State of Maharashtra v. Prabhakar Pandurang Sanzgiri
wherein an accused detained under preventive detention was not allowed to hand over his
 unpublished book to his wife for publication, the court termed such an act as violative of
Article 21.

15. Define Human Rights under the Protection of Human Rights Act, 1993.
Ans. Human Rights
Section 2(d) of the Act defined the expression 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.

The Protection of Human Rights Act, 1993

The purpose of the enactment is laid down in the Preamble of the Act, i.e., to provide for the
constitution of a National Human Rights Commission, State Human Rights Commissions in
States and Human Rights Courts for better protection of human rights and for matters connected
therewith or incidental thereto.

National Human Rights Commission (NHRC)

Section 3 of the Act lays down that the Central Government shall constitute a body to be known
as the National Human Rights Commission which shall have eight members and will be headed
by a Chairperson who has been the former Chief Justice of the Supreme Court. The other
members of the Commission may be a sitting or retired Judge of the Supreme Court, a serving or
a retired Chief Justice of the High Court, two prominent persons having knowledge or practical
experience in the sphere of human rights and the Chairpersons of the National Commission for
Minorities, the Scheduled Castes and Scheduled Tribes and Women.
The Commission shall have its headquarters in New Delhi and with the permission of the Central
Government may establish offices in other places in India.

State Human Rights Commission (NHRC)

The Act also provided under Chapter V for the setting up of the State Human Rights
Commission in States consisting of a Chairperson who has been a Chief Justice of a High Court;
one member who is, or has been, a Judge of a High Court; one member who is, or has been, a
District Judge in that State and two members to be appointed from amongst persons having
knowledge of or practical experience in matters relating to human rights.
The Headquarter of the State Commission shall be at such place as the State Government, may,
by notification, specify. It is to be noted that there is no provision for the Constitution of Human
Rights Commission in the Union Territories.

Human Rights Courts in Districts

Section 30 of the Act provides that Human Rights Courts may be set up by the State
Government, with the concurrence of the Chief Justice of the High Court, by notification,
specifying for each district a Court of Session to be a Human Rights Court.

16. Explain the functions of NHRC

Ans. What is NHRC?
The National Human Rights Commission (NHRC) established in 1993, is an independent
statutory body as per the provisions of the Protection of Human Rights Act of 1993. It looks over
the rights that are related to life, dignity, liberty and equality of the individual that are defined in
Section 2(1) of the PHR Act.

Functions of NHRC
a. Inquire, on its own initiative or on a petition presented to it by a victim or any person on his
behalf, into complaint of-
● violation of human rights or abetment or
● negligence in the prevention of such violation, by a public servant;
b. intervene in any proceeding involving any allegation of violation of human rights pending
before a court with the approval of such court;
c. visit, under intimation to the State Government, any jail or any other institution under the
control of the State Government, where persons are detained or lodged for purposes of
treatment, reformation or protection to study the living condition of the inmates and make
recommendations thereon;
d. review the safeguards by or under the Constitution or any law for the time being in force for
the protection of human rights and recommend measures for their effective implementation;
e. review the factors, including acts of terrorism that inhibit the enjoyment of human rights and
recommend appropriate remedial measures;
f. study treaties and other international instruments on human rights and make
recommendations for their effective implementation;
g. undertake and promote research in the field of human rights;
h. spread human rights literacy among various sections of society and promote awareness of the
safeguards available for the protection of these rights through publications, the media,
seminars and other available means;
i. encourage the efforts of non - Governmental organizations and institutions working in the
field of human rights;
j. submit an annual report to the Central Government and to the State Government concerned
and may at any time submit special reports on any matter which, in its opinion, is of such
urgency or importance that it shall not be deferred till submission of the annual report;
k. perform functions pursuant to the directions issued by the Supreme Court in exercise of the
jurisdiction under Article 32 of the Constitution;
l. such other functions as it may consider necessary for the promotion of human rights.

17. What is international law? What are its salient features? Is International Law, a true
law?
Ans. International Law
According to Oppenheim, "International law is the body of rules which are legally binding on
States in their intercourse with each other. These rules are primarily those which govern the
relations of States, but States are not the only subjects of International Law. International
organizations and, to some extent, also individuals may be subjects of rights conferred and duties
imposed by International Law."

Salient Features of International Law

● Universal in Nature - International law is not only bounded by narrow circles, it also covers
broad areas.
● Natural law - The nature of international law is similar to natural law. This law is formulated
with the consent of knowledge and applies to everyone.
● Evolved through the consent of the states - It is the result of concurrence of the states and
the gradual process of customary practices among the states.
● No uniformity on approaches
● Combination of treaties and customs - There are various combinations of treaties and
customs that give the bases to International law.
● Based on five principles - Mainly International law is based on five principles. Sovereign
equality, Pacta Sunt Servanda (Treaties must be observed in good faith), peaceful settlement
of international disputes, non-use of force and non-interference are its bases.

True Law or Not?

Not a true law - According to Austin, law is the command. of the sovereign attended by
sanction in case of violation of the command. It was his view that International Law cannot be
called law proper in the true sense, because it consists of opinion or sentiments current among
nations generally. It has neither sovereign legislative authority to enact law nor there is an
adequate sanction behind it. Moreover, there is no enforcement agency which can enforce it as a
body of rules. He, therefore, preferred to call International Law as 'positive international
morality' since it lacks a common and determinate sovereign issuing orders backed by threats.

A true law - Oppenheim says that law is a body of rules for human conduct within a community
which by common consent of this community shall be enforced by external power. The
definition given by Oppenheim will be regarded as correct only when it is proved that there
exists an international society or community. Westlake asserts with certainty that an international
society exists. According to him there is a society of States sufficiently like the society of men,
and a law of the society of States exists, likely State law.

Conclusion
International Law is a true law is evident even if Austin's definition is accepted. Austin
regarded International Law as a 'positive morality' in the nineteenth century, when the
international community lacked legislation, a court, sanctioning powers and enforcement
machinery. All the elements of his definition of law are there in international law presently.

18. What is the status of Human Rights of children in India. Explain with reference To
CRC provisions, constitutional provisions and important case law.
Ans. Status of Human Rights of children in India
The high percentage of children living in rural areas often result in negative repressions in terms
of children accessing fundamental rights. India’s commission for the protection of children’s
rights (act 2005) (amended in 2006), has had some impact in promoting children’s rights in
India. Notably eliminating child labour, protection of children, and young persons. The
commission’s mandate is “to ensure all Laws, Policies, Programmes, and Administrative
Mechanisms are in line with the Child Rights perspectives as enshrined in the constitution of
India and the UN Convention on the Rights of the Child”, adopted in 1989. It is clear that in
India promoting children’s rights is a government priority, that is enshrined within the
constitution and protected in legislation. Despite this, children in India continue to face
challenges in attaining these rights, particularly those related to access to education, forced
labour, and child marriage.

Rights of Children under the Convention

United Nations educational guides for children classify the rights outlined in the Convention on
the Rights of the Child as the “3 Ps“: Provision, Protection, and Participation.They may be
elaborated as follows:
● Provision: Children have the right to an adequate standard of living, health care, education
and services, and to play and recreation. These include a balanced diet, a warm bed to sleep
in, and access to schooling.
● Protection: Children have the right to protection from abuse, neglect, exploitation and
discrimination. This includes the right to safe places for children to play; constructive child
rearing behavior, and acknowledgment of the evolving capacities of children.
● Participation: Children have the right to participate in communities and have programs and
services for themselves. This includes children’s involvement in libraries and community
programs, youth voice activities, and involving children as decision-makers.

Constitutional Commitments to the Children

● Article 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. Thus nobody including the children
should be denied equality of status, opportunity and protection. In Gaurav Jain v Union of
India, the Supreme Court held that the children of the prostitutes have the right to equality of
opportunity, dignity, care, protection and rehabilitation so as to be part of the mainstream of
social life without any pre-stigma attached on them.
● Article 15 - In explicit terms, Article 15(3) empowers the State to make special provisions
for children as and when it is necessary for the well being of children. In Vikram Deo Singh
Tomar v. State of Bihar, the Supreme Court has taken note of the pitiable conditions
 prevailing in care homes maintained by the State of Bihar for women and children and has
directed the State to improve matters in these homes and provide at least the minimum living
conditions ensuring human dignity.
● Article 21A - The State is duty bound to provide free and compulsory education to all
children below the age of fourteen years in such a manner as a state may, by law, determine,
incorporating the dictum delivered by the apex judiciary in Unnikrishnan v. State of A.P.
● Article 24 - It prohibits employment of children below the age of 14 years in any factory,
mine or in any other hazardous employment. In Labourers Working on Salal Hydro Project
v. State of J&K., the court held that construction work is hazardous employment and
children below 14 years cannot be employed in such type of work.
● Article 39(a), (e), (f) - They provide certain policies to be followed by the State for the
welfare of the children. Article 39(f) states “that 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 45 - It directs the State to endeavour to provide free and compulsory education for all
children until they complete the age of 14 years, within a period of 10 years from the
commencement of the constitution.

Conclusion
India Acceded to the Convention on the Rights of the Child on 11 December 1992 and has
ratified both its protocols too. It has provided good provisions in its constitution and enacted
many welfare legislations for children. Despite India’s significant progress in addressing poverty,
access to education, and HIV levels, the results have mainly been uneven. India’s children
continue to face some of the harshest conditions anywhere in the world, with high malnutrition
rates (stunting), child labour and forced begging, and childhood illnesses such as diarrheal
disease.

19. Do you think India should abolish capital punishment? Justify your opinion
Ans. Introduction
Death penalty or capital punishment is the highest degree of punishment that can be awarded to
an individual under any penal law in force in any part of the world. In 2007, the UN General
Assembly passed a resolution calling for a moratorium on the administration of the death penalty
by the 59 countries that still retained it. India is one of them, even if it does not employ it as
frequently as countries such as Iran, China, Pakistan, Saudi Arabia, and the U.S.

Law Commission of India's report

The major reasons why capital punishment should be abolished in India according to the Law
Commission are:
(1) times have changed;
(2) it is not a deterrent anymore;
(3) sentencing is arbitrary;
(4) administration of capital punishment is vulnerable to misapplication;
(5) mercy powers have failed to act as the final safeguard against miscarriage of justice;
(6) long delays in trials and appeals and final execution is almost torture; and
(7) India is in a minority on death penalty as 140 countries have abolished it.

Arguments in favor of the abolition of death penalty

(1) Execution of innocent people - Innocent individuals have been executed in the past and will
continue to be executed in the future. No matter how advanced a legal system is, it will
always be vulnerable to human errors.
(2) Arbitrariness - The possibility of the death penalty being applied arbitrarily cannot be ruled
out. The death sentence is frequently used disproportionately on the poor, minorities, and
members of racial, ethnic, political, and religious communities.
(3) Inhumane - Human rights and dignity are incompatible with the death penalty. The death
sentence is a violation of the right to life, which is the most fundamental of all human rights.
Furthermore, the death penalty degrades the basic dignity of every human being.
(4) Deterrence - The death sentence does not have the deterrent effect that its supporters claim it
does.
(5) Public Opinion - The public’s support for the death penalty does not necessarily imply that
the state has the authority to take a human being’s life. There are unmistakable historical
precedents where majorities of people supported terrible human rights atrocities, only to be
roundly denounced later.

Arguments against the abolition of death penalty

(1) Prevention of future crimes - It will prevent future offences. Future crimes may be
discouraged by imposing the worst punishment for the most terrible of offences. This has a
profound effect on human psychology.
(2) Ensuring Justice - The death penalty ensures that justice is served. The Preamble to the
Indian Constitution aims to achieve, among other things, justice for all Indian citizens.
(3) Judicial Reasoning - It is not imposed arbitrarily. The death sentence in India is not imposed
on the basis of no evidence or without any logic or reasoning. To begin with, as previously
indicated, capital punishment is only applied in the rarest of circumstances.
(4) Human Rights - Under the guise of human rights, a convicted criminal’s potential threat to
society cannot be avoided. Furthermore, it is absurd to grant “human” rights to criminals who
have lost any sense of humanity.
(5) Question of Morality - If capital punishment is abolished on the grounds of immorality, it is
equivalent to treating criminals as animals who lack morality and must be absolved for even
the most horrible crimes they have committed.

Conclusion
In my opinion, capital punishment in India should not be abolished. For years, capital
punishment has been a contentious issue not only on a worldwide level but also on a national
level in India. As the death penalty is painless and speedy, it serves to preserve resources that
might otherwise be wasted or could be employed elsewhere if wrongdoers were just imprisoned
or confined behind bars. Given that India’s prisons are currently overcrowded, their basic needs
for survival consume a significant portion of the economy.

20. With the help of constitutional provisions; international conventions and Protocols and
case law, Explain the principle of freedom of the high seas. What are the exceptions to
This principle?
Ans. What are High Seas?
By the term 'high seas' is meant under customary rule of International Law that part of the sea
which is not included in the territorial waters. The rule was formulated in 1609 by Grotius in his
treatise mare liberum by arguing that the sea cannot be owned. According to him "the sea is one
of those things which is not an article of merchandise, and which cannot become private
property." When the Geneva Convention on High Seas was adopted, its Article 1 defined the
term high seas by stating that 'high seas is that part of the sea that are not included in the
territorial sea or in the internal waters of a State'.

Freedom of High Seas

Under Customary Law - High seas were free and open to all States. 'Freedom of the high sea'
was a well recognized principle which means that the high seas being common to all States, no
State may purport to subject any part of them to its territorial sovereignty. Since the open sea is
not the territory of any State, no State as a rule has a right to exercise its legislation,
administration, jurisdiction or police over parts of the high seas.
States had freedom as to navigation and fisheries. These freedoms are traditional and well
recognized facts of the doctrine of the high seas. In addition to the above, the open sea might be
freely used for other purposes as well by all States. For instance, they could conduct scientific
research. But, as a measure of necessary control, it was established that all vessels, public or
private, on the high seas were subject to the jurisdiction of the State under the flag of which they
might sail.
Under the Convention - The Convention confirmed the customary rule on this issue by stating
that the freedom of the high seas comprises, inter alia; freedom of navigation; freedom of
fishing, freedom to lay submarine cables and pipelines and freedom of overflight. The
Convention under Article 87 has reaffirmed that the high seas are open to all States, whether
coastal or land-locked. Freedom of the high seas under the Convention comprises, freedom of
navigation; freedom of overflight; freedom to lay submarine cables and pipelines; freedom to
construct artificial islands and other installations permitted under International Law; freedom of
fishing, and freedom of scientific research.

Exceptions to the Rule

The general principle is that excreting jurisdiction on the ships in the high seas is done by the
flag state. This international instrument has exceptions including piracy, slave trade, suspected
ships inspection and other unlawful acts and it has provided that the states have right to inspect
the ships of the pirates.

21. Role of National Commission for Women in the upliftment of rights of women In India.
Ans. Introduction
The main intention for the establishment of the National Commission for Women was to ensure
equal livelihood for women by making constitutional amendments and laws that favour them.
The commission was formed to prevent any kind of violence or exploitation against women.
Women are vulnerable and the problems faced by them are numerous and such a commission
was established to resolve such issues concerning their rights.

National Commission for Women

The National Commission for Women was formed in 1992 under the National Commission Act
1990. It is a commission having the authority to review constitutional safeguards for women in
the country. The main recommendation of the commission is to facilitate redressal mechanisms
and also to take legislative measures to curb the disparity. The commission also has the powers
that are vested upon with a civil court.

Composition of the Commission

Chairperson: The central government should nominate the chairperson.
Five members: The five members are also to be nominated by the central government from
amongst the persons of ability, integrity, and standing. They should possess experience in various
fields like law or legislation, trade unionism, management of industry potential of women,
women’s voluntary organization, education, administration, economic development, and social
good-being.
Member Secretary: The Central Government also nominates member secretary. He/ she should
be either an expert in the field of management, an organization, or an officer who is a member.

Functions of the Commission

● Investigation and Examination: Investigate and examine all the matters relating to the
safeguards provided for the women under the Constitution and other laws
● Presentation of Reports: Table reports to the Central Government, every year and at
such other times as the Commission may deem fit, reports upon the working of those
safeguards
● Recommendations: Make in such reports and recommendations for the effective
accomplishment of those safeguards for enhancing the conditions of the women by the
Union or any State.
 ● Review, every now and then, the current provisions of the Constitution and other laws
distressing the women and prescribe alterations and suggest curative legislative measures
meet any break, inadequacies, and incapacity in such legislation.
● Cases of Violation: Take up cases of infringement of the provisions of the Constitution
and of other laws relating to the women with the relevant authorities
● Suo Moto Notice: It looks into complaints, and takes Suo Motto notice of matters
relating to – deprivation of women’s rights, Non-implementation of the laws, and
Non-compliance of policy decisions guaranteeing the welfare for women society.
● Special Studies and Investigation: It conducts special studies or investigation on the
concerning issues or circumstances emerging out of segregation and outrages against
ladies and recognizes the limitations in order to suggest techniques for their expulsion
● Research: Undertake the promotional and educational research so as to propose ways of
ensuring due representation of women in all fields and identifies the factors responsible
for impeding the support services and technologies for reducing drudgery and
professional health hazards and for escalating their efficiency.
● Participation in all spheres particularly in Planning: take part and advice on the
planning process of socio-economic development of women
● Evaluation: assess the progress of the development of women society under the Union
and State.
● Inspection: investigate or cause to be inspected a jail, remand home women’s
establishment or other places of guardianship where ladies are kept as detainees.
● Funding: fund litigation, relating issues affecting a large body of women.
● Reporting: make periodical reports on any issue pertaining to women and in particular
various difficulties under which women toil.

22. Discuss the importance of various environment related Conventions in Improvement of

global environmental conditions.
Ans. Need for Environmental Protection
The need to protect the environment has arisen and it is important to understand the key areas
where all the countries have to look upon and work. The main reasons for the protection are:-
● Ozone depletion, greenhouse effect and global warming - This layer is of great importance
because of the obvious reason that its depletion will result in ultraviolet radiations.
 Greenhouse effect is caused by the emissions of pollutant gases like methane, CFCs etc.
When these gases are released or get mixed in the atmosphere, it results in the temperature to
rise and this is known as global warming.
● Desertification - In simpler terms, this issue means land degradation. The destruction of the
potentiality of the land which ultimately at the end results in a drought-like situation.
● Deforestation - Deforestation not only affects climate but it also affects the animals living in
the forests.
● Loss of biodiversity - Extinction of the species disturbs the balance of the ecosystem as well
as disturbs the balance of the living species and also human beings.
● Disposal of wastes - Industries or household wastes are either dumped in water or in empty
unused land. As a result, the water gets contaminated and there are likely chances to get
many diseases from that.

Treaties and Conventions

● Montreal Protocol - Adopted on 15th September, 1987, this protocol regulates the
production and consumption of man-made chemicals which can deplete the ozone layer. All
countries have been given specific responsibilities relating to the curtailment of the
ozone-depleting substances. Hydrochlorofluorocarbons (HCFCs) is the gas which is used
worldwide. It is present in the refrigerator, air-conditioners etc. It is more harmful and
powerful than carbon dioxide. The Montreal protocol has taken steps to control this harmful
substance.
● Kyoto Protocol - Kyoto Protocol is an international agreement that brings into operation the
United Nations Framework Convention on Climate Change (UNFCCC). Its role is to fight
global warming by reducing greenhouse gas concentrations in the atmosphere to a level
that would prevent dangerous anthropogenic interference with the climate system.
● Paris Agreement - It is an agreement within the United Nations Framework Convention on
Climate Change (UNFCCC) which focuses on reducing greenhouse gas emissions.
● United Nations Framework Convention on Climate Change (UNFCCC) - It is also
known as Rio de Janeiro Earth Summit or Rio summit. It is an agreement made on climate
change and mainly focuses on the prevention of dangerous actions or interference by humans
on climate change or on the environment.
● Kyiv Protocol on Pollutant Release and Transfer Registers - The objective of this
protocol is to increase public access to information through the formation of a systematic
pollutant release and transfer registers.
● Vienna Convention for the Protection of the Ozone Layer 1985 - Montreal protocol
comes under this convention. This convention was formed with a purpose to globally monitor
and report on the ozone depletion. Under this convention, it made structures for the
improvement of protocols and also for taking a more binding action.
● Aarhus Convention - This United Nations Economic Commission for Europe (UNECE)
Convention on Access to Information, Public Participation in Decision-making and Access to
Justice in Environmental Matters often referred to as Aarhus convention. It aims to protect
every person's right to live in an environment which is sufficient enough for his/her health
and also their well-being.
● Basel Convention - It is an international treaty which formulated plans against the adverse
effects of hazardous wastes in order to protect human health and the environment.
● Berne Convention on the conservation of European wildlife and natural habitats - The
purpose of introducing this convention is to protect and conserve the species of flora and
fauna and also their habitats.
● Convention on Biological Diversity, 1992 (CBD) - The main objective of this convention is
to encourage those actions which will lead to a sustainable or viable future.
● Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES) - aims to protect wildlife from over-exploitation due to international trade.
● Minamata Convention on Mercury - The objective of this convention is to protect humans
and the environment from the dangerous effects of mercury.
● Ramsar Convention on Wetlands - It provides a framework for international and national
cooperation so that they can achieve sustainable development throughout the world by taking
efforts towards the conservation and judicious/wise use of the wetlands.
● Stockholm Convention on Persistent Organic Pollutants - Its objective is to protect
human health and the environment from the dangerous outcomes from the organic pollutants
(Pesticides, Industrial chemical, Aldrin etc.).

23. Explain: International Labour Organisation and its Composition, role and function.
Ans. What is ILO?
The ILO was created in 1919, as part of the Treaty of Versailles that ended World War I, to
reflect the belief that universal and lasting peace can be accomplished only if it’s based on social
justice. In 1946, the ILO became a specialized agency of the United Nations.Its unique tripartite
structure gives an equal voice to workers, employers and governments providing a unique
platform for promoting decent work for all women and men. HQ in Geneva, Switzerland.

ILO Objectives
The four strategic objectives at the heart of the Decent Work agenda are:
● To develop and effectuate standards, fundamental principles, and fundamental rights at work.
● To ensure that men and women have equal access to decent work while enhancing
opportunities for the same.
● To magnify the coverage and effectiveness of social protection for everyone.
● To strengthen Tripartism and social dialogue.

ILO Structure
The basis of the ILO is the tripartite principle. The ILO comprises the International Labour
Conference, the Governing Body, and the International Labour Office.
1. International Labour Conference - The progressive policies of the ILO are set by the
International Labour Conference. The Conference is an annual event, which happens in
Geneva, Switzerland. The conference brings together all the representatives of the ILO.
Function: It is a panel for the review of the important issues regarding labour.
2. Governing Body - The Governing Body is the executive body of the International Labour
Organization. The governing body meets in Geneva. It meets three times annually. The
Office is the secretariat of the Organization. It is composed of 56 titular members, and 66
deputy members. Functions:
a. Makes decisions regarding the agenda and the policies of the International Labour
Conference.
b. It adopts the draft Programme and Budget of the Organization for submission to the
Conference.
c. Election of the Director-General.
3. International Labour Office - It is the permanent secretariat of the International Labour
Organization. Functions: It decides the activities for ILO and is supervised by the Governing
 Body and the Director-General. The ILO member States periodically hold regional meetings
to discuss the relevant issues of the concerned regions. Each of the ILO’s 183 Member States
has the right to send four delegates to the Conference: two from government and one each
representing workers and employers, each of whom may speak and vote independently.

Functions of ILO
● It adopts international labour standards. They are adopted in the form of conventions. It also
controls the implementation of its conventions.
● It aids the member states in resolving their social and labour problems.
● It advocates and works for the protection of Human rights.
● It is responsible for the research and publication of information regarding social and labour
issues.
● The Trade Unions play a pivotal role in developing policies at the ILO, thus the Bureau for
Workers’ Activities at the secretariat is dedicated to strengthening independent and
democratic trade unions so they can better defend workers’ rights and interests.
● The ILO also assumes a supervisory role: it monitors the implementation of ILO
conventions ratified by member states.
● Registration of complaints: The ILO registers complaints against entities that are violating
international rules.
● International Labour Standards: The ILO is also responsible for setting International
Labour Standards. The international labour conventions which are set by the ILO are ratified
by the member states. These are mostly non-binding in nature.
● ILO Global Commission on the Future of Work: The formation of an ILO Global
Commission on the Future of Work marks the second stage in the ILO Future of Work
Initiative.

24. Discuss individuals as a subject of International Law.

Ans. Former Status of Individuals in International Law
In classical International Law, individuals were regarded as the object of International Law, and
not as its subject. Consequently, they had no legal significance from the International Law point
of view, as they were related to one State through the bond of citizenship or nationality, and this
stood in relation to other States in the role of aliens. If an injury was caused to an individual, it
was the State which alone owed the responsibility under International Law to another State.

Current Status of Individuals in International Law

The above position of individuals has considerably changed since the establishment of the
United Nations Organisation. The Charter of the United Nations by using the words 'People of
the United Nations' in the Preamble has given a place of importance to individuals.
It is undisputed that International Law primarily regulates the relationship of States, and they are
the primary subjects of International Law. But they are not the only subjects of International
Law. In addition to them, individuals have also been conferred to certain rights and duties in
accordance with the rules of International Law. While many rules are directly concerned with
regulating the position and activities of individuals, many rules indirectly affect them.

Rights of Individuals
A number of rights have been given to individuals in International Law through the adoption of
international conventions which are as follows:-
1. Human Rights - One of the principles of the United Nations is to promote and encourage
respect for human rights and fundamental freedoms for all. The Universal Declaration of
Human Rights was adopted by the General Assembly in which provided various rights to the
individuals.
2. Right to Make Petitions - The rise of human rights consciousness has given rise to the
individuals a right to make petitions before the international forums if their rights are
violated. It is to be noted that the rights of individuals to make petitions before the
international forums are available only at the instance of the States. In other words, an
individual cannot generally assert his own rights against a State unless a State has become a
party to the convention wherein the rights have been provided to the individuals.
3. Right to Conciliation and Arbitration Proceedings - The Convention for the Settlement of
Investment Disputes between States and Nationals of other States concluded on March 18,
1965 provided for the machinery of conciliation and arbitration on a consensual basis so that
private foreign investors might have direct access thereto to settle legal disputes with
investment- receiving States.

Duties of Individuals
International Law has imposed direct responsibility upon individuals for the offences committed
by them. In customary international law piracy and slavery were the only recognized offences
where individuals could be given punishment, presently they are responsible for a number of
crimes.
1. Offence of Piracy - The offence of piracy has been traditionally regarded as a crime against
International Law. It is punishable by any State which seizes the offender. Every State has a
right to arrest, trial and punish the pirates, and the vessels involved in the act of piracy may
be seized.
2. Violations of the Rules of Warfare - Individual members of armed forces of belligerent
States are criminally liable for violations of the rules of warfare, and may be given
punishment by other belligerents. After the Second World War, certain cases occurred in
which responsibility under International Law has been imputed directly to the individuals,
who have been punished under an international procedure. Individual responsibility has also
been confirmed with regard to grave breaches of the Geneva Conventions of 1949 and the
Additional Protocols I and II to Geneva Conventions of 1949 which dealt with armed
conflicts.
3. Offence of Espionage - Espionage is an act of a soldier or other individual who
clandestinely, or under false pretence, seeks to obtain information concerning a belligerent
with the intention of communicating it to the other belligerent. Individuals committing
espionage and war treason are considered war criminals and may be punished. The usual
punishment for praying is hanging or shooting, though. less severe punishments are, of
course, admissible and are sometimes inflicted.
4. Crime of Genocide - Genocide was regarded as a crime under International Law, for which
the perpetrators, whether they were statesmen, public officials or private individuals were
punishable.
5. Aircraft Hijacking - Individuals may be given punishment for the air-craft hijacking and for
the unlawful acts committed against the safety of civil aviation.
6. Kidnapping of Diplomatic Personnel and Other Persons - Convention on Prevention and
Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents
of 1973 and Convention on Taking of Hostages of 1979 have expressly laid down for the
punishment to the individuals for the acts mentioned in the above Conventions
7. Apartheid - By the term apartheid, an African term, is meant separateness or segregation. It
is an official name given South Africa to its racial-policy. The purpose of apartheid is to
perpetuate the domination of the country by its White minority in the face of rising
nationalism throughout Africa.
In order to suppress it and to give punishment a Convention was adopted by the General
Assembly on November 30, 1973 which provided under Article III that individuals, members
of organisations and institutions and representatives of States whether residing in the territory
of the State in which the acts are perpetrated or in some other State, irrespective of motive
shall be held if they commit, participate in or directly abet, encourage or cooperate in the
commission of the crime of apartheid.

Conclusion
It is to be noted that individuals do possess rights and duties in International Law, and they
therefore have a legal significance. They are likely to acquire more rights and duties in future in
view of their enhanced importance given in various international documents. However, their role
would remain limited and their position would remain imperfect as long as they do not have
access before the International Court of Justice.

25. Role of NGO’s in Improvement of conditions of Children. Elaborate with the Help of
case laws.
Ans. Introduction
Governments, civil society, and concerned citizens are essential stakeholders in any program to
revitalise a community’s needs and bring them out of difficulty. India’s biggest, and most
marginalised community is its children. At every stage of their life, even at birth, India’s children
face life changing challenges. Strategic and consistent intervention by NGO workers, in the form
of on-ground support and activism, while also working with officials is a necessity to give every
child a better future.

Role of NGOs
1. Eliminating child labour - To end child labour, NGOs offer intervention, both at the
demand and supply side.
● Demand - NGOs educate trade organisation to reach out to business owners and educate
them about the evils of child labour. If necessary, they perform regular raids at
 workplaces like farms and factories where child labour is practiced, and free these
children from the practices of bonded labour.
● Supply - NGOs also develop relationships with locals in villages and cities to report child
labour within businesses. Families are advised to push their child towards higher
education, with the support of NGO scholarships and other programs. Access to
education and essential services are enabled to prevent families from taking the desperate
decision of selling their child into a life of slavery.
2. Education and enrolment - Despite having the world's largest education system, India faces
low literacy due to low enrollment, and high dropout rates. How NGOs work for child
education:
● Emphasising the importance of education to children and communities
● Working to establish 'safe schools' that do not discriminate on gender, caste or
socio-economic background
● 'Inclusive Learning Friendly Environments' (children aged 3-18 years)
● Pushing for a financial framework supporting the Right to Free and Compulsory
Education Act 2009
● Create fun school environments, using child-friendly and interactive methods
● Driving funding for libraries, computers, sports equipment and Mobile Learning Centers
● Bringing out-of-school children back to the classroom
● Bringing street children and child labourers back to school
3. Offering Healthcare To Underprivileged Children - The birth mortality rate in the country
is considerably high because parents are unaware of the essential healthcare and nutrition
requirements of the mother and the infant. NGOs work on reducing newborn deaths by:
● Making people aware of what they need to do during pregnancy and immediately after it.
● Building an ecosystem that supports infant survival and health.
● Training NGO workers to provide immediate healthcare assistance needed by pregnant
females, new mothers, and newborn children.
● Promoting the implementation of policies that offer better healthcare to infants and
moms.
● Giving better access to nutrition and supporting public health.

Case Laws
1. Shiela Barse vs. Union of India [AIR (1986) SC 1883] on Trafficking of Children - The
Court issued various directions in regard to the physically and mentally retarded children as
also abandoned or destitute children who are lodged in various jails in the country for 'safe
custody.
2. Gaurav Jain vs. Union of India [1997 (8) SCC 114] on Problems of Prostitution and
Children forced into Prostitution - This writ petition has been filed pleading for separate
schools and hostels for the children of prostitutes.
3. M.C. Mehta vs. State of Tamil Nadu [JT 1990 SC 263] on Problem of Child Labour - On
the issue of child labour, The Court held that Articles 24, 39(e) and 9(f), 41 and 47 obligated
the State to abolish child labour while ensuring healthy development of the child.

Conclusion
There is no denying that NGOs have done wonders to reduce child labour, improve child
education, and decrease baby mortality rates. It is their holistic approach that has driven the
investment of civil society and the government to work towards the betterment of children in
every age group. A constant effort, substantial financial investment, and excellent infrastructure
are the three areas through which NGOs have worked to better the most ignored section of Indian
society- its children.