ROLE OF NCM STATE, SC/ST COMMISSION

ABSTRACT

This paper gives an insight on the role of the state and its
commissions in protecting and promoting the rights of citizens,
especially vulnerable sections of society such as women, minorities,
scheduled castes, and scheduled tribes, is crucial. The State Human
Rights Commission (SHRC) has been established to investigate
complaints of human rights violations committed by public servants
and recommend compensation to victims or their families. The
National Commission for Women (NCW) has played a significant role
in protecting the rights of women by issuing guidelines to employers
on preventing sexual harassment at the workplace and taking up
cases of violence against women. The National Commission for
Scheduled Castes (NCSC) and National Commission for Scheduled
Tribes (NCST) have also played a vital role in protecting the rights of
scheduled castes and tribes by investigating and monitoring all
matters relating to the safeguards provided for them under the
constitution or any other law in force. These commissions have
recommended amendments to legislation to make it more effective in
protecting the rights of citizens. It is essential that these commissions
continue to function independently and effectively to ensure that the
rights of citizens are protected and promoted.

KEYWORDS

Commissions, protecting, promoting, rights, vulnerable sections,

women, minorities, scheduled castes, scheduled tribes, State Human
Rights Commission, human rights violations, National Commission
for Women, sexual harassment, violence against women, National
Commission for Scheduled Castes, National Commission for
Scheduled Tribes

Introduction:
The role of the state and its commissions in protecting and promoting
the rights of citizens is crucial in any democratic society. In India, the
state has established various commissions to protect the rights of
vulnerable sections of society, such as women, minorities, scheduled
castes, and scheduled tribes. These commissions play a vital role in
investigating complaints of human rights violations and
recommending compensation to victims or their families.

The State Human Rights Commission (SHRC)

It is an independent body established to investigate complaints of

human rights violations committed by public servants. The SHRC has
the power to recommend compensation to victims or their families
and has played a significant role in protecting the rights of citizens.

The National Commission for Women (NCW)

It is another important commission that has played a significant role

in protecting the rights of women. The NCW has issued guidelines to
employers on preventing sexual harassment at the workplace and has
taken up cases of violence against women.

The National Commission for Scheduled Castes (NCSC) and

National Commission for Scheduled Tribes (NCST)

They have also played a vital role in protecting the rights of scheduled
castes and tribes. These commissions investigate and monitor all
matters relating to the safeguards provided for them under the
constitution or any other law in force.

The role of these commissions is not limited to investigating

complaints of human rights violations. They also recommend
amendments to legislation to make it more effective in protecting the
rights of citizens. These commissions have been instrumental in
ensuring that the rights of citizens are protected and promoted.

It is essential that these commissions continue to function

independently and effectively. The state must provide them with
adequate resources and support to carry out their duties effectively.
The role of these commissions is crucial in ensuring that the rights of
citizens are protected and promoted, especially those belonging to
vulnerable sections of society.

One of the primary roles of a state is to protect and promote the

interests of its citizens which can be furthered by protecting and
promoting their rights. Certain sections of society have been
vulnerable since time immemorial such as women, minorities as also
the scheduled castes, and the scheduled tribes. Thus, it became one of
the fundamental duties of the state to protect their rights through
different mechanisms such as legislation which provide for setting up
commissions. These commissions play a pivotal role in the protection
and promotion of their rights. Some of these commissions have been
discussed hereafter.

State Human Rights Commission (SHRC)

This commission was established by the Protection of Human Rights

Act, 1993. It comprises of the Chairperson (a person who has been
Chief Justice or judge of the High Court), a member who has been a
judge of the high court or district court having 7 years of experience in
case of the latter, and a member having practical experience or
knowledge of matters relating to human rights u/s 21. The members
are in office for three years or on attaining 70 years of age whichever
is soon.

 Its functions have been enumerated u/s 21 and are as follows:

i Interject in proceedings pending before a court with its approval in

matters relating to violation of human rights.

ii Investigate complaints relating to infringement of human rights or

negligence by a public servant in the prevention of the former, which
can be done when presented with a petition by the victim or any
person on his behalf or suo motu or when directed by any court.
 iii In order to make suggestions to the State Government regarding
the living conditions of the inmates, it has the right to visit jails or
other institutions under the jurisdiction of that government.

iv Analyze the safeguards for protection of human rights under the

constitution or any other law in force and advise means for their
efficacious enforcement.

v Analyze the elements (for instance terrorism), which constrain the

enjoyment of human rights and to suggest appurtenant corrective
measures.

vi Initiate and advance research in the sphere of human rights.

vii Spread awareness regarding human rights and safeguards

available for the same amongst multifarious sections of the society by
media and other means.

viii Laud the endeavors of non-governmental organizations and

other institutions engaged in this sphere.

ix Other functions that may be considered significant by it for the

protection of human rights.

State of Kerala V. The Human Rights Commission [1]–

Here, the state of Kerala filed a writ appeal against the judgment in
W. P(C) No.23210 of 2014, wherein the learned judge dismissed the
appeal against the order directing payment of compensation by the
Kerala State Human Rights Commission. A suo motu action had been
taken by the commission on reading the newspaper article which
reported about the unnatural death of two minor children because of
falling into an open and flooded quarry. This court on hearing both
parties held that, “the writ appeal should be dismissed since there
were no merits in the submissions of the Government Pleader.”

National Commission for Women (NCW)

This commission was established by the National Commission for
Women Act, 1990. It comprises of a chairperson, 5 members (one of
whom must belong to Scheduled Caste and Scheduled Tribes), and a
Member-Secretary.

 The functions of this commission [u/s 10(1)] are:

i Inquire in matters under the constitution and other laws, regarding

safeguards for women.

ii Annually and at other times when the commission considers fit, it

advances before the Central Government reports on the functioning of
the safeguards.

iii Make in the aforementioned report’s suggestions for the efficacious

enforcement of the safeguards by the Union of the states for
ameliorating the conditions of women.

iv Examine legislation and the provisions of the constitution

regarding women and suggest amendments to them so as to do away
with the inefficacies.

v Take up cases of violation of women’s rights and recommend

appropriate remedial measures.

vi Investigate and examine matters relating to the non-

implementation of laws relating to women and suggest measures for
their effective implementation.

vii Conduct research, study, and documentation on issues relating to

women’s rights.

viii Liaise with other commissions and organizations working

towards the protection and promotion of women’s rights.

ix Create awareness amongst women regarding their rights and the

available mechanisms for their protection.

x Perform any other functions that may be necessary for the

protection and promotion of women’s rights.
National Commission for Scheduled Castes (NCSC)

This commission was established by the National Commission for

Scheduled Castes Act, 2003. It comprises of a chairperson, a vice-
chairperson, and three members. The members must belong to
Scheduled Castes.

 The functions of this commission [u/s 10] are:

i Investigate and monitor all matters relating to the safeguards

provided for Scheduled Castes under the constitution or any other
law.

ii Inquire into specific complaints relating to the deprivation of rights

and safeguards of Scheduled Castes.

iii Advise the government on matters relating to the protection and

promotion of the rights of Scheduled Castes.

iv Monitor the implementation of policies and programs for the

welfare of Scheduled Castes.

v Take up cases of atrocities committed against Scheduled Castes and

recommend appropriate remedial measures.

vi Conduct studies, research, and documentation on issues relating to

the welfare of Scheduled Castes.

vii Create awareness amongst Scheduled Castes regarding their

rights and the available mechanisms for their protection.

viii Perform any other functions that may be necessary for the
protection and promotion of the rights of Scheduled Castes.

Conclusion

Commissions such as the State Human Rights Commission, National

Commission for Women, and National Commission for Scheduled
Castes play a crucial role in the protection and promotion of the rights
of vulnerable sections of society. They investigate complaints, monitor
the implementation of policies and programs, and make
recommendations to the government for the protection of their rights.
These commissions also create awareness amongst people regarding
their rights and the available mechanisms for their protection. It is
essential that these commissions are empowered and given adequate
resources to carry out their functions effectively.

In conclusion, commissions such as the State Human Rights

Commission, National Commission for Women, and National
Commission for Scheduled Castes play a crucial role in the protection
and promotion of the rights of vulnerable sections of society. They
investigate complaints, monitor the implementation of policies and
programs, and make recommendations to the government for the
protection of their rights. These commissions also create awareness
amongst people regarding their rights and the available mechanisms
for their protection. It is essential that these commissions are
empowered and given adequate resources to carry out their functions
effectively. The government should also ensure their independence
and impartiality to ensure that they can carry out their duties
effectively.
ROLE OF CIVIL SOCIETIES AND MEDIA
ABSTRACT

This article explores the multifaceted and interconnected roles that

civil societies and media play in shaping democratic governance and
catalysing transformative social change. As vital components of
modern societies, civil societies and media institutions exert
significant influence over public discourse, policy formulation, and
societal norms. This article examines how civil societies and media
synergistically contribute to the consolidation and advancement of
democratic ideals. The article delves into the ways civil societies
function as crucial intermediaries between citizens and governments,
advocating for human rights, social justice, and participatory
decision-making processes. It highlights their ability to mobilize
grassroots movements, provide platforms for marginalized voices,
and hold power structures accountable. Moreover, the article
examines the evolving role of media in the digital age, where rapid
technological advancements have revolutionized information
dissemination and public engagement. It discusses the potential of
media to shape public opinion, foster informed citizenship, and
scrutinize government actions, while also addressing the challenges of
misinformation, polarization, and the erosion of trust in media
sources. Let’s get directly into the article and explore each aspect
separately.

KEYWORDS

Media, civil societies, catalyse, NGO

INTRODUCTION

In today’s complex and interconnected world, civil societies and

media have emerged as influential forces, shaping societies,
influencing policies, and empowering citizens. As the guardians of
democracy, they play vital roles in ensuring transparency,
accountability, and social progress. In this article, we will delve into
the significance of civil societies and media, exploring their
complementary functions and the impact they have on the fabric of
our societies. Both civil society and media covers the important aspect
of Right to freedom of speech and expression that is given under
Article 19 of Indian Constitution. The interplay between civil society
and media is essential in upholding the principles enshrined in Article
19 of the constitution. By amplifying voices, advocating for social
change, fact-checking, holding power accountable, and strengthening
media freedom, civil society organizations and media outlets create
an environment where the exercise of freedom of speech and
expression thrives.

Civil societies encompass a diverse range of organizations and

grassroots movements that strive to address societal issues and
advocate for the rights and well-being of individuals. From human
rights organizations and environmental activists to community
groups and advocacy networks, civil societies are the driving force
behind social change. They provide platforms for citizen engagement,
amplify marginalized voices, and hold those in power accountable.

Media, on the other hand, acts as the information gateway,

disseminating news, analysis, and diverse perspectives to the public.
Traditional media outlets, as well as digital platforms and citizen
journalism, form the media landscape. They play a critical role in
fostering an informed citizenry, exposing corruption and injustice,
and facilitating public dialogue. A free and independent media serves
as a crucial check on power, safeguarding democratic principles.

ROLE OF CIVIL SOCIETY

Civil societies encompass a diverse range of organizations, including

non-governmental organizations (NGOs), community groups,
advocacy organizations, and grassroots movements. Their primary
objective is to address societal issues, protect human rights, and
advocate for the needs and interests of citizens. Through their
collective efforts, civil societies bridge the gap between the state and
citizens, ensuring that the voices of the marginalized and
underrepresented are heard. ([1])

One of the key role’s civil societies fulfil is that of monitoring and
holding the government accountable. They act as watchdogs,
scrutinizing policies and actions, and bringing attention to instances
of corruption, human rights abuses, or misuse of power. By
conducting independent research, investigations, and publicizing
their findings, civil societies expose wrongdoing and initiate public
discourse, compelling the government to take corrective action. ([2])

Moreover, civil societies often serve as a platform for citizen

engagement, providing spaces for individuals to voice their concerns,
ideas, and aspirations. By organizing protests, demonstrations, and
public forums, they create opportunities for collective action and
mobilize citizens around common causes. This collective strength can
lead to policy changes, social reforms, and the protection of
individual rights.

ROLE OF MEDIA

Media, on the other hand, plays a pivotal role in informing and

educating the public. In the digital age, media encompasses
traditional outlets such as newspapers, television, and radio, as well
as online platforms, social media, and citizen journalism. The media
serves as a watchdog of democracy, serving the public interest by
disseminating accurate information, facilitating public debate, and
providing a platform for diverse voices. ([3])

A free and independent media acts as a bridge between the

government and citizens, ensuring transparency and accountability. It
acts as a fourth pillar, checking the powers of the executive,
legislature, and judiciary, and exposing any wrongdoing or abuse of
authority. Investigative journalism, in particular, plays a vital role in
uncovering corruption, exposing systemic failures, and promoting
justice.
Additionally, media acts as a catalyst for social change by raising
awareness about important issues and galvanizing public opinion. By
reporting on social injustices, environmental challenges, human rights
abuses, and other critical matters, media can mobilize public
sentiment and spur collective action. It helps shape public discourse,
holding power to account and amplifying marginalized voices.

RELATION BETWEEN CIVIL SOCIETY AND MEDIA

The interplay between civil societies and media is a powerful force

that propels societal transformation. Civil societies supply media with
valuable insights, first-hand information, and grassroots perspectives,
enabling them to effectively report on social issues and challenges.
Media, in turn, acts as a catalyst, amplifying the voices of civil
societies, raising awareness, and mobilizing public sentiment.

The collaboration between civil societies and media generates a

virtuous cycle of citizen empowerment. By highlighting societal
concerns and advocating for change, civil societies provide media
with compelling stories that resonate with the public. Media coverage
then galvanizes public opinion, mobilizes support, and prompts
citizens to engage in dialogue, activism, and policy advocacy. This
synergy creates a space for constructive discourse and paves the way
for meaningful societal progress.

In an era marked by rapid technological advancements and a complex

global landscape, the role of civil societies and media has never been
more crucial. They serve as beacons of hope, empowering citizens,
exposing injustice, and fostering social cohesion. By upholding the
principles of transparency, accountability, and citizen engagement,
civil societies and media contribute to the building of strong
democratic foundations.

The collaboration between these two entities serves as a cornerstone

of a vibrant democracy, ensuring that diverse perspectives are heard,
public discourse is enriched, and the rights of citizens are protected.

STRENGTHENING DEMOCRACY
Civil societies and media play pivotal roles in promoting and
strengthening democracy in society. Their collective efforts contribute
to the development of an informed citizenry, an open public
discourse, and increased transparency and accountability among
those in power. Following are the significant contributions of civil
societies and media in fostering democratic values and principles.
([4])

 Promoting Active Citizen Engagement: Civil societies provide

platforms for individuals to come together, organize, and
actively participate in democratic processes. Through grassroots
movements, non-governmental organizations (NGOs), and
advocacy groups, civil societies enable citizens to express their
opinions, voice their concerns, and contribute to policy-making.
By facilitating citizen engagement, civil societies empower
individuals to actively participate in shaping their communities,
fostering a sense of ownership and responsibility towards
democracy.
 Advocating for Human Rights and Social Justice: Civil
societies often act as watchdogs, monitoring and holding
governments accountable for their actions. They serve as
defenders of human rights, advocating for justice, equality, and
the rule of law. By working to safeguard individual freedoms
and promote social justice, civil societies help prevent the abuse
of power and ensure that democratic principles are upheld.
They create awareness about societal issues, mobilize public
support, and exert pressure on policymakers to address
grievances and enact necessary reforms.
 Ensuring a Free and Independent Media: An independent
media plays a vital role in democracies by serving as a
watchdog, providing objective information, and facilitating
public debate. Media outlets that are free from government
control or undue influence can investigate and report on issues
of public interest without fear of retribution. By disseminating
diverse viewpoints, fact-checking information, and exposing
 corruption and wrongdoing, the media acts as a check on
power. It holds public officials accountable, exposes societal
problems, and enables citizens to make informed decisions.
 Facilitating Open Public Discourse: Both civil societies and
media foster open public discourse, creating spaces for diverse
opinions, ideas, and perspectives. Civil societies organize public
forums, debates, and consultations, allowing citizens to engage
in meaningful discussions on key societal issues. Media
platforms provide a space for individuals and groups to express
their views, share information, and engage in dialogue. By
encouraging dialogue and promoting the exchange of ideas,
civil societies and media contribute to the development of
inclusive and participatory democracies.
 Strengthening Transparency and Accountability: Civil societies
and media play a crucial role in demanding transparency and
accountability from those in power. Through investigative
journalism, civil society initiatives, and public interest litigation,
they expose corruption, malfeasance, and abuse of power. By
shedding light on these issues, they push for institutional
reforms, increased transparency in governance, and stricter
mechanisms for holding public officials accountable. This fosters
a culture of integrity, trust, and responsible governance,
essential for the functioning of a healthy democracy.

DARKER SIDE OF CIVIL SOCIETY AND MEDIA

While civil society and media are essential pillars of democracy, it is

important to acknowledge that, like any source of power, they can be
prone to misuse. As we have heard the line that absolute power
corrupts absolutely, it is quite evident in this realm. ([5])

 Biased Reporting and Sensationalism: Media outlets, driven

by profit motives or biased agendas, may manipulate
information to suit their interests or to attract a larger audience.
Sensationalism, selective reporting, and the distortion of facts
can lead to misinformation, public confusion, and the erosion of
 trust. When media outlets prioritize sensational headlines or
partisan narratives over responsible journalism, they risk
compromising their role as impartial sources of information and
become instruments for propaganda or manipulation.
 Overstepping Boundaries and Advocacy Bias: Civil society
organizations, despite their noble objectives, may sometimes
overstep their boundaries by actively engaging in political
activities or taking partisan positions. While CSOs have the right
to advocate for causes they believe in, when they become overly
involved in politics, they risk losing their impartiality and
credibility. This can lead to a polarization of society, weakening
the democratic fabric and creating an environment where
objectivity and balanced discourse are sacrificed for the sake of
advancing specific agendas.
 Inaccurate or Incomplete Reporting: Media outlets, under time
constraints or due to inadequate research, may publish
inaccurate or incomplete information. This can mislead the
public, shape biased perceptions, and lead to misguided
decisions or actions. Incomplete reporting that fails to provide a
comprehensive understanding of complex issues can hinder
public discourse and prevent citizens from making informed
choices. Additionally, the rapid dissemination of unverified
information through social media platforms can exacerbate the
problem, as false or misleading content can easily go viral,
further eroding trust in media.
 Manipulation of Public Opinion: Both civil society
organizations and media outlets have the power to influence
public opinion. In some instances, they may exploit this power
by employing propaganda techniques, spreading
misinformation, or employing divisive rhetoric. Such
manipulation can stifle critical thinking, polarize communities,
and undermine democratic processes. When civil society
organizations or media outlets prioritize their own agendas over
the objective presentation of facts, they compromise the
 principles of democratic discourse and contribute to a fractured
society.
 Lack of Accountability: As powerful entities, civil society
organizations and media outlets should be held accountable for
their actions and the impact they have on society. However, the
lack of effective oversight mechanisms can enable the abuse of
power. Instances of corruption, bias, or unethical practices
within these institutions can go unchecked, leading to a
distortion of democratic processes and erosion of public trust.
Without robust mechanisms to ensure transparency, integrity,
and accountability, the potential for misuse of power by civil
society and media remains a significant concern.

While civil society and media play crucial roles in strengthening

democracy, it is vital to acknowledge and address the potential for
misuse of power within these institutions. By holding them
accountable for their actions, promoting transparency and ethical
standards, and encouraging media literacy among citizens, we can
mitigate the risks associated with the misuse of power and ensure that
civil society and media remain true drivers of democratic progress
and social change.

CHALLENGES

However, the role of civil societies and media is not without

challenges. Both civil society and media face challenges in fulfilling
their roles effectively. Civil society organizations often encounter
obstacles such as limited resources, legal restrictions, and attacks on
their credibility. Sometimes even government declare them as illegal
organisation if they try to raise their voice against the act of
government. Media organizations face issues of misinformation,
censorship, financial pressures, and declining public trust.
Overcoming these challenges requires support from governments,
international bodies, stakeholders, and the public to protect and
promote the space for civil society and ensure the independence and
integrity of media. In certain cases, government or different parties,
themselves purchase the media outlet to spread their own
propaganda.

CONCLUSION

In conclusion, civil society and media are indispensable pillars of

democracy. As the world continues to grapple with complex socio-
political issues, a nuanced understanding of the interwoven
contributions of civil societies and media emerges as a vital tool for
fostering inclusive governance and sustainable progress. Their roles
in promoting transparency, accountability, and citizen engagement
are essential for a vibrant and inclusive society. By working
collaboratively, civil society and media amplify the voices of citizens,
expose injustice, and contribute to positive change. Recognizing their
significance and safeguarding their freedom and independence is
crucial for the well-being of societies and the advancement of
democratic principles.

Human Rights: Rights of Women,

Children, Old and People with
Disability.

Contents hide

1. Introduction
2. Rights of Women
3. Rights of children
4. Rights of senior citizens
5. Rights of People with Disability
6. Conclusion

Introduction
A society is a complex set of individuals that together gives rise to a complex societal
structure and what governs this complex set is a legal system. A legal system is what
keeps a society intact and sane. However, it is quite easy to say that laws are meant
to protect everyone and is a step towards attaining the concept of a utopian society.
As the reality plays out, the practice of these laws lays in quite stark contrast with the
legal context as in reality these laws get mended and bent along the way as they
tend to serve just a particular section of the society. Antonio Gramsci had once said,
“the law is rather an expression of the ruling class, which imposes on its raison d’etre
and expansion.” And hence, “The greatest function of law is to presuppose that
insofar as all citizens can become members of the ruling class.”

However, despite this ideology connoting that laws are meant only for the ‘ruling
class’ which infers that someone over the course gets to be dominated at and hence,
it is not only problematic but is full of folly dichotomy being used to describe the
essence of the legal system. Sadly, it seems this kind of ideology i.e. the feeling of
entitlement still prevails in the society’s ‘ruling class’. This is the reason that despite
so many years of progressions and advancements made, there are marginalized
communities in the society that still have to take the help of legal framework to
‘provide’ them with certain rights rather than their birth ensuring that they are
guaranteed to live life with basic human dignity.

When one tries to analyze the laws that ultimately frame the social order, they are
forced to question their ultimate purpose, whether they are meant to be applied to
everyone, or are they just a medium to drive a specific oriented human behavior in
making the society work. The question might as well go under various debates or
different ideological perceptions but it draws a bottom line that indubitably the laws
are what govern the society’s functioning and help in ensuring the survival of society.

It is the law that ultimately becomes the ideological bearer for the society, a tool for
bringing radical change, and a messiah for the marginalized. And hence, several
discriminated groups have throughout history demanded their right which the
society deemed fit to diverge from and arbitrarily snatch and tie them to the
thraldom slavery, discrimination and submission. It has then always been the
institution of the court which has stood up and acted to make the woman equal to
that of man, disabled to that of the able, child to that of the mature, elderly to that of
the young.

Rights of Women
 The ’70s was the D-time which finally witnessed feminist campaigns in India. It finally
saw the origin of seeking reformation of their long lost human dignity by knocking
the legal doors. Though the movement didn’t gain much cognizance or came under
public scrutiny, the shocking incidents that happened across the country paved the
way for the people to realize the heinous atrocities that were faced by the women.

The Mathura case where the gendered language made the victim itself the culprit,
the gravity of sexual violence during the Gujrat riots, the Rupan Deol Baja case where
a ‘seemingly’ small incident made the national media protect the culprit are some of
the cases which are hard to forget and has till now served as a reminder that sexual
violence can occur anywhere and the definition of a victim can be changed through
so ‘moral’ or ‘contrary to human behavior’ and ultimately who ‘is not worthy’ to get
arrested gets easily mended on what suits the majoritarian’s conscious.

Patriarchy has been so deeply rooted that it just not restricts itself to grave sexual
violence, but also family structures, and many a time the courts themselves have
upheld the given status of women in society. E.g. Recently, a session court recently
granted anticipatory bail to a Mumbai couple accused of mistreating their daughter-
in-law, saying taunting by in-laws is something that every family witnesses as part of
the “wear and tear” of married life.

It goes unsaid this judgment further propagates domestic violence and hereby
refuses to give importance to mental health. Alongside domestic violence and sexual
offense, there exists a gender pay gap, lack of representation, and hence, rights have
what brought to some extent an ideological change and thereby are privy in
ensuring that they get ‘privileged’ enough to live life with dignity and independently.
Following are some of the essential rights which brought a positive wave of
transformation

 Right to a safe environment: Bhanwari Devi, a social reformist, as part of her

job attempted to prevent child marriage but that raised a question over the
domination of the bearers of patriarchy and as a result, she was gang-raped.
The court in this infamous Vishaka case observed that the crime was a
violation of art. 14,19 and 21. Relying on CEDAW,( The Convention on the
Elimination of all Forms of Discrimination Against Women) an international
instrument to which India is a signatory, the court laid down the
historic Vishaka Guidelines. These guidelines were later converted verbatim
into The Sexual Harassment of Women at Workplace (Prevention, Prohibition
& Redressal) Act, 2013.

 Right to equal pay: The court in Randhir Singh v Union of

India constitutionalized article 39-d saying “that there is equal pay for equal
work for both men and women”.
  Right to bodily integrity: The apex court through Suchita Srivastava v
Chandigarh Administration brought in a new sphere to Article 21 of the
constitution as it introduced the right to make reproductive choices on
whether the woman wants to go ahead with her pregnancy or abort her fetus.
 Right to the custody of minors: Through the supreme court judgment
in Roxann Sharma Vs Arun Sharma, the court helped in establishing the notion
that the mother is a natural guardian and brought an end to the bitter legal
issues faced in getting custody of their children.
 Right to marry or live with anyone of choice: The court through its
landmark judgment in Lata Singh vs State of Uttar Pradesh finally brought an
end to the question of so “honor killing” over inter-caste/ inter-religion
marriage and validated a woman’s personal freedom to choose who she wants
to marry or live with.
 Property right: The apex court, in its 121-page judgment in Vineeta Sharma v
Rakesh Sharma, overturned its prior judgment and held that daughters and
sons have equal coparcenary rights in a Hindu undivided family and marital
status of daughters in the future shall not affect its viability.
 Right to a reservation in Panchayat: Representation becomes vital for
making demands heard especially when there has been a history of
suppression and the others deciding what’s good for the other rather than
asking them, Article 40 of the constitution quite rightfully reserves one-third
of seats for women in the panchayat.

Rights of children
It is often said that children are the face of god because they are filled with
innocence which humans with age seem to forget as they get eloped by the greed
that the evil side of the materialistic world provides. Maybe that is the reason that yet
another community sees itself tied in a vulnerable position. Whether it’s making
them get married to uphold marriage as a social-religious affair, or them facing
exploitation either sexually or making them work under excruciating conditions. To
protect the very innocence that the period of childhood offers which ultimately helps
in shaping the future of our country, these rights become a guiding light for the
public authorities or the concerned guardians/ institutions. And courts through their
intervention have safeguarded them from the evil clutches of the ugly side of the
human race.

 Right to education: The Supreme court in the case of Mohini

Jain[9] and Unnikrishnan vs State of Andhra Pradesh ruled that
the right to education is a fundamental right that flows from the Right to life
in Article 21 under Indian Constitution and hence later the benchmark
86th amendment to the constitution in 2002 was made under article 21 A
reading “The State shall provide free and compulsory education to all children
 of the age of six to fourteen years in such manner as the State may, by law,
determine.”
 Right to a safe environment in schools: The court in Avinash
Mehrotra further interpreted the right to education amendment and included
that all children have the right to learn in a safe environment.
 Right against exploitation: Through article 24 of the constitution, the article
strictly prohibits the employment of children under 14 years of age in factories
and any hazardous processes which through further interpretation and
amendment include domestic, hotel, and restaurant work.
 Right to minimum living with human dignity: the court in VikramDeo Singh
Tomar v State of Bihar took cognizance 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.
Further the Draft National Policy and Charter for Children, 2001 provides several
other rights like :

 Right to Survival : (Article 1 )

 Right to health and nutrition (article 2 &3)
 Right to a Standard of Living (Article 4)
 Right to Play and Leisure (Article 5)
 Right to Protection
 Right to participation: According to the UN Convention on Child Rights,
Children have the right to participate in decision making and due weight
should be given to their opinions, according to their opinions, age, and
maturity.

Rights of senior citizens

It is quite ironic that the country that has taught generations to respect elders at all
stages faces an all-time exuberant threat over their question of survival. With the
growing change in dynamics of the family structure i.e. the growing no. of nuclear
families, it has come to light the lack of institutional medical system or community
care schemes to support the elderly in India. This particular age community faces no.
of problematic situations like financial stress, emotional care, emergency in health
problems, legal disputes, etc. The marginalization of this community is a cause of
grave concern as it has led to social isolation and instead of living a quality life, they
have to undergo the everyday struggle of battling loneliness, isolation, mental health
well as physical health problems and making their ends meet. Thereby legal sanctity
seems to be their only relief and getting their community acknowledged.

The rights of senior citizens include:

  Right to live with dignity: The Uttarakhand high court two-judge bench laid
down several mandatory directions to be abused by the state through
the Senior Citizen Welfare Organization & another v. State of Uttarakhand &
Anr. Where it has been laid down that It is the duty cast upon the State
Government to protect the life, liberty, and property including dignity and
decency of senior citizens. They cannot be permitted to be left unattended in
the twilight of their lives. Ours is a welfare and socialist state and it is expected
that every senior citizen should live in a dignified manner with the assistance
to be provided by the State Government along with the establishment and
maintenance of old age homes.

 Right over immovable property and eviction of abusive children: The high
court of Chattisgarh in Pramod Ranjankar & Anr. v. Arunashankar &
ors held while allowing the Petitioner’s interim application for eviction opined
that the anxiety to stop the right of the abuse of senior citizen is to be made
effective as otherwise, it would be a symbolic collapse of the legal system by
not responding to the request or by adhering to the dummy mode by
Courts. Whereas the Apex court in Sunny Paul and another v state NCT of
Delhi has already held over the senior citizen’s right over immovable property.
 Right to the maintenance of old widows: The court through Narayanarao
Ramachandra Pant V. Ramabai identified the need and hence laid down the
right to maintenance of old widows
 Right to maintenance: The court altered the Hindu family through Kirtikant D.
Vadodaria v. the State of Gujarat and set a benchmark that irrespective of
being a son or a daughter, old and infirm parents are entitled to maintenance,
The only fallback was that it was limited only Hindu family structure.

Rights of People with Disability

The average employment rate of people with disabilities is 0.28 percent in the private
sector and 0.54 percent in the public sector. A recent WHO report showed that 87
percent of persons with disabilities in India worked in the informal sector.

Additionally, children with disabilities are 3.7 times more likely than non-disabled
children to be victims of any sort of violence, 3.6 times more likely to be victims of
physical violence, and 2.9 times more likely to be victims of sexual violence. Children
with mental or intellectual impairments appear to be among the most vulnerable,
with 4.6 times the risk of sexual violence than their non-disabled peers. Whereas
violence against adults with disabilities found that overall they are 1.5 times more
likely to be a victim of violence than those without a disability, while those with
mental health conditions are at nearly four times the risk of experiencing
violence. Thereby being the biggest democracy in the world, it is imperative for the
govt. to consider their needs and provide rights from which the society drifted away.
  Right against discrimination of disability: The court through Deaf
Employees Welfare Association v Union of India. put an end to the system
which through its analysis inferred one disability to cause more hamper in
daily functioning and held that deaf and mute people should be equally given
transportation allowances with that of people with blind and orthopedically
handicapped employees of the government.
 Right to reservation: The court through Government of India v Ravi Prakash
Gupta held “It is only logical that, as provided in section 32 of the aforesaid
Act, posts have to be identified for reservation for Section 33, but such
identification was meant to be simultaneously undertaken with the coming
into operation of the Act, to give effect to the provisions of Section 33. The
legislature never intended the provisions of section 32 of the Act to be used
as a tool to deny the benefits of Section 33 to these categories of disabled
persons indicated therein. Such a submission strikes at the foundation of the
provisions relating to the duty cast upon the appropriate government to make
appointments in every establishment.” [26]
 Furthermore, through Disabled Rights group v Union Of India,[27] the Court
directed all educational institutions run or aided by the Government to
comply with their obligation to reserve 5% seats for the disabled and directed
them to report their compliance with the same to authorities set up under the
Act. [28]

Conclusion
Despite providing rights that have the sole purpose to safeguard the interests of
women, children, the elderly, and people with disabilities, the reality begs to differ
from the legal context. They have been overlooked, for long they have been looked
down upon, for long they have struggled to get recognized and survive with basic
human dignity. But no more. There needs to be an end to this system of people
matching certain criteria to be approved and finally getting them conferred with a
right to sound life. While there may be many rights introduced and brought about,
the oppressive cycle continues to go on after so many years of fighting their way just
to be heard. There needs to be a proliferation of legal awareness among these
groups, the rights that they are entitled to.

The government needs to create a robust legal system, they need to fund NGOs and
empower them to take up drives and touch even the remote places of the country.
Though this decentralized way of delegating responsibilities is a sound mechanism to
expand the reach, the government cannot simply do away with the responsibility that
they owe to the people. We boast about unity in diversity but are we truly pluralistic
when these many marginalized communities face such exuberant situations? It’s time
that the government and the institution of eminence- the supreme court, take an
active role to vanguard these communities.