HRG CH 2 Updated PDF

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UNIT 2 – HUMAN RIGHTS

MEANING OF HUMAN RIGHTS
Human beings are born equal in dignity and rights. These are moral claims which are
inalienable and inherent in all individuals by virtue of their humanity alone, irrespective of caste,
colour, creed, and place of birth, sex, cultural difference or any other consideration. These claims
are articulated and formulated in what is today known as human rights. Human rights are
sometimes referred to as fundamental rights, basic rights, inherent rights, natural rights and birth
rights. They are essential for all individuals to protect themselves against the State or public
authority or against members of its own class.
DEFINITION OF HUMAN RIGHTS
Dr. Justice Durga Das Basu defines “Human rights are those minimal rights, which every
individual must have against the State, or other public authority, by virtue of his being a ‘member
of human family’ irrespective of any consideration. Durga Das Basu’s definition brings out the
essence of human rights.
The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as “rights
derived from the inherent dignity of the human person.” Human rights when they are guaranteed
by a written constitution are known as “Fundamental Rights” because a written constitution is the
fundamental law of the state.
United Nations and Covenants
The Universal Declaration of Human Rights is an ideal standard held in common by nations
around the world, but it bears
no force of law. Thus, from 1948 to 1966, the UN Human Rights Commission’s main task was
to create a body of international human rights law based on the Declaration, and to establish the
mechanisms needed to enforce its implementation and use.
The United Nations has adopted several important declarations and covenants over the years,
each addressing various aspects of human rights, international law, and global cooperation. Here
are some of the most notable ones:
1. Universal Declaration of Human Rights (UDHR):
● Adopted: 10 December 1948
● The UDHR is a foundational document that outlines fundamental human rights and
freedoms to be universally protected. It serves as the basis for subsequent human rights
instruments.
2. International Covenant on Civil and Political Rights (ICCPR):
● This covenant focuses on civil and political rights, such as the right to life, freedom of
speech, and freedom from torture. It has been ratified by a large number of countries.
3. International Covenant on Economic, Social and Cultural Rights (ICESCR):
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● This covenant emphasizes economic, social, and cultural rights, including the right to
education, work, and an adequate standard of living.
4. Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based
on Religion or Belief:
● Adopted: 25 November 1981
● This declaration promotes freedom of thought, conscience, religion, or belief and condemns
religious intolerance and discrimination.
5. Convention on the Rights of the Child (CRC):
● Adopted: 20 November 1989
● The CRC outlines the rights of children, including their right to protection, education, and
participation in decisions affecting their lives. It is one of the most widely ratified international
human rights treaties.
6. Declaration on the Right to Development:
● This declaration recognizes the right to development as a fundamental human right and
highlights the importance of equitable and sustainable development.
7. Declaration on the Rights of Indigenous Peoples:
● Adopted: 13 September 2007
● This declaration acknowledges the rights of indigenous peoples, including their right to
self-determination, land, and cultural preservation.
8. Declaration on Human Rights Defenders:
● This declaration recognizes the importance of protecting individuals and groups who
promote and defend human rights.
9. Declaration on the Right to Peace:
● Drafted and presented, but not formally adopted as of my last knowledge update in
September 2021.
● This declaration aims to establish the right to peace as a fundamental human right and to
promote a culture of peace at the international level.
These are just a few examples of important UN declarations and covenants. The United Nations
continues to work on various issues related to human rights, peace, security, and development
through the adoption of international agreements and declarations. Keep in mind that the status
and content of international agreements may evolve over time, so it's advisable to refer to the latest
information from the United Nations for updates on these documents.
Human rights and citizenship rights
Human rights and citizenship rights are closely related but distinct concepts that pertain to the
rights and privileges individuals possess in society. Here's an explanation of each:
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1. Human Rights:
● Universal Rights: Human rights are fundamental rights and freedoms that are inherent to
all individuals, regardless of their nationality, citizenship, or any other status. They are considered
universal because they apply to every person on the planet simply by virtue of their humanity.
● Protection from Government Abuse: Human rights are intended to protect individuals
from abuses and injustices perpetrated by governments, institutions, or other individuals. These
rights are often enshrined in international treaties and conventions to which countries may become
parties.
● Examples of Human Rights: Common examples of human rights include the right to life,
freedom of speech, freedom of religion, the right to a fair trial, the right to education, and the right
to be free from torture and discrimination. These rights are articulated in documents like the
Universal Declaration of Human Rights (UDHR) and various international covenants.
2. Citizenship Rights:
● Linked to Nationality: Citizenship rights, also known as civil rights or legal rights, are the
rights and privileges that an individual enjoys as a citizen of a particular country. These rights are
tied to a person's nationality or legal status within a specific nation.
● Determined by Laws: The specific citizenship rights a person has can vary from one
country to another and are typically defined by the laws and constitution of that nation. They can
encompass a wide range of rights, including the right to vote, work, reside, and access government
services.
● Responsibilities: Citizenship often comes with certain responsibilities, such as paying

taxes and obeying the laws of the country. In return for these responsibilities, citizens are entitled
to the protection and benefits of that nation.
Differences Between Human Rights and Citizenship Rights:

Human rights and citizenship rights are related concepts, but they have distinct characteristics
and scopes. Here are the key differences between them:
1. Applicability:
● Human Rights: Human rights are universal and apply to all individuals by virtue of their
humanity. They are not dependent on citizenship or nationality. Human rights are considered
inherent and inalienable, and they are meant to protect individuals from abuse and discrimination
by governments, institutions, or individuals anywhere in the world.
● Citizenship Rights: Citizenship rights, also known as civil rights or legal rights, are
specific rights and privileges granted to individuals who are citizens of a particular country. These
rights are tied to a person's legal status within that nation and are not automatically extended to
non-citizens.
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2. Universality:
● Human Rights: Human rights are meant to be the same for everyone, regardless of their
nationality or legal status. They are based on the principles of equality, dignity, and non-
discrimination. The Universal Declaration of Human Rights (UDHR) and other international
human rights treaties establish these rights as global standards.
● Citizenship Rights: Citizenship rights can vary significantly from one country to another.
Each nation has its own legal framework and constitution that defines the specific rights and
responsibilities of its citizens. Therefore, citizenship rights are not universal but are determined
by the laws of the country in question.
3. Protection:
● Human Rights: Human rights are intended to protect individuals from various forms of
abuse and injustice, including government abuses. They encompass a broad range of rights, such
as the right to life, freedom of expression, and freedom from torture. International bodies like the
United Nations oversee the promotion and protection of human rights on a global scale.
● Citizenship Rights: Citizenship rights primarily pertain to the legal relationship between
individuals and their own government. They often include rights related to participation in the
political process, access to public services, and legal protections within the borders of the country
where one is a citizen.
4. Non-Discrimination:
● Human Rights: Human rights are based on the principle of non-discrimination. They
should be upheld without regard to an individual's race, nationality, gender, religion, or any other
characteristic. They are meant to protect the rights of vulnerable and marginalized groups.
● Citizenship Rights: While citizenship rights should also be applied without discrimination
among citizens of a country, there may be distinctions made between citizens and non-citizens
regarding certain rights and privileges. Non-citizens often have limited access to political rights,
public services, and social benefits in their host country.
5. Portability:
● Human Rights: Human rights are portable and are not tied to a specific geographical
location. Individuals can assert their human rights regardless of where they are in the world. For
example, a person can claim the right to freedom of speech even while residing in a foreign
country.
● Citizenship Rights: Citizenship rights are generally tied to the country of citizenship. If a
person is not a citizen of a particular country, they do not typically enjoy the same rights and
benefits as citizens of that country, even if they are physically present within its borders.
In summary, human rights are universal, inalienable rights that apply to all individuals globally,
while citizenship rights are specific rights and privileges granted to citizens of a particular country.
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The distinction between these two types of rights is important for understanding the legal and
political framework that governs individuals' rights and responsibilities in society.
Human Rights and Indian Constitution
On January 24, 1947, Constituent Assembly voted to form an advisory committee on
Fundamental Rights with Sardar Patel as the Chairman. Drafted list of rights were prepared by Dr.
B. R. Ambedkar, B. N. Rau, K. T. Shah, Harman Singh, K. M. Munshi and the Congress expert
committee. Although there were few amendments proposed, there was almost no disagreement on
the principles incorporated. The rights in the Universal Declaration of Human Rights were almost
completely covered in the Indian Constitution either in Fundamental Rights or Directive Principles
of State Policy. Nineteen fundamental rights were covered in Motilal Nehru Committee Report,
1928 out of which ten appear in the Fundamental Rights whereas three of them appear as
Fundamental Duties.
The Indian Constitution, which came into effect on January 26, 1950, contains several provisions
that protect and promote human rights. Here are some key aspects of human rights in the Indian
Constitution:
1. Fundamental Rights: Part III of the Indian Constitution outlines the Fundamental Rights,
which are a set of rights that are considered essential for the development and well-being
of individuals. These rights include the right to equality, the right to freedom of speech and
expression, the right to freedom of religion, the right against discrimination, and more.
These rights are enforceable by the courts, and the government is obligated to respect and
protect them.
2. Right to Equality: Article 14 of the Indian Constitution ensures equality before the law
and prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It also
guarantees equal protection of the law.
3. Right to Life and Personal Liberty: Article 21 provides for the right to life and personal
liberty, and this has been interpreted broadly by the judiciary to include a range of rights
and freedoms essential for human dignity.
4. Right to Freedom: Articles 19 to 22 of the Constitution guarantee various freedoms,
including freedom of speech and expression, freedom of assembly, freedom of association,
freedom of movement, and protection against arbitrary arrest and detention.
5. Right to Freedom of Religion: Article 25 guarantees the freedom of conscience and the
right to freely profess, practice, and propagate religion. It also ensures the freedom to
manage religious affairs.
6. Right to Education: The Indian Constitution has been amended to include the right to
education as a fundamental right (Article 21A), ensuring that every child between the ages
of 6 and 14 has the right to free and compulsory education.
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7. Abolition of Untouchability: The Constitution explicitly bans the practice of

untouchability (Article 17) and promotes the upliftment and social inclusion of historically
marginalized groups.
8. Protection of Minorities: The Constitution safeguards the rights of religious and linguistic
minorities to preserve their culture, language, and religion.
9. Right to Constitutional Remedies: Article 32 of the Indian Constitution empowers the
Supreme Court to issue writs for the enforcement of fundamental rights, ensuring that
individuals can approach the judiciary for redressal if their rights are violated.
10. Directive Principles of State Policy: While not enforceable in court, these principles (Part
IV of the Constitution) guide the government in promoting social, economic, and political
justice and fostering a welfare state.
It's important to note that while the Indian Constitution includes a robust framework for the
protection of human rights, there have been ongoing debates and challenges related to the
implementation and enforcement of these rights. Additionally, human rights concerns can arise in
various contexts, including issues related to social justice, gender equality, labor rights, and
environmental protection, which continue to be subjects of discussion and activism in India.
Human rights laws and institutions in India

India has established various laws and institutions to protect and promote human rights. These
laws and institutions are aimed at upholding the principles enshrined in the Indian Constitution as
well as complying with international human rights standards. Here are some of the key human
rights laws and institutions in India:
1. National Human Rights Commission (NHRC): The National Human Rights Commission is
a statutory body established under the Protection of Human Rights Act, 1993. The NHRC is
responsible for the protection and promotion of human rights in India. It investigates complaints
of human rights violations, conducts research, and raises awareness about human rights issues.
2. State Human Rights Commissions (SHRCs): Several states in India have their own State
Human Rights Commissions, which function in a manner similar to the NHRC but at the state
level. These commissions address human rights violations that fall under their respective
jurisdictions.
3. Protection of Human Rights Act, 1993: This legislation established the NHRC and SHRCs
and outlines their functions and powers. It also provides mechanisms for individuals to file
complaints regarding human rights violations.
4. Right to Information Act, 2005: While not exclusively a human rights law, the Right to
Information Act empowers citizens to access information held by public authorities, promoting
transparency and accountability in governance, which is fundamental for the protection of human
rights.
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5. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: This law
aims to prevent and punish atrocities against members of Scheduled Castes and Scheduled Tribes.
It addresses discrimination and violence faced by these marginalized communities.
6. Protection of Women from Domestic Violence Act, 2005: This law is designed to protect
women from domestic violence and provides for a range of protective measures, including
restraining orders and the right to reside in a shared household.
7. Juvenile Justice (Care and Protection of Children) Act, 2015: This act deals with the rights
and protections of children in conflict with the law or in need of care and protection. It emphasizes
rehabilitation and reintegration into society for juvenile offenders.
8. Laws related to child labor and child protection: India has various laws and regulations
aimed at combating child labor and protecting the rights of children, including the Child Labor
(Prohibition and Regulation) Act, 1986, and the Right of Children to Free and Compulsory
Education Act, 2009.
9. Laws addressing gender-based violence: India has laws such as the Dowry Prohibition Act,
1961, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act, 2013, to address gender-based violence and discrimination.
10. Laws related to disabilities: The Rights of Persons with Disabilities Act, 2016, enhances the
rights and opportunities for people with disabilities and prohibits discrimination against them.
11. International Human Rights Treaties: India has ratified several international human rights
treaties, including the International Covenant on Civil and Political Rights (ICCPR), the
International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention
on the Rights of the Child (CRC). Ratification of these treaties reflects India's commitment to
international human rights standards.
While these laws and institutions exist to protect human rights in India, challenges remain in
ensuring their effective implementation and addressing ongoing human rights concerns, including
issues related to access to justice, gender equality, discrimination, and social justice. Civil society
organizations, advocacy groups, and concerned citizens also play a significant role in monitoring
and advocating for human rights in India.
Role of National Human Rights Commission
The National Human Rights Commission (NHRC) plays a critical role in protecting and
promoting human rights in many countries, including India. Its role is to act as an independent
institution responsible for monitoring and ensuring the protection of human rights in various ways:
1. Investigation of Human Rights Violations: One of the primary functions of the NHRC is
to investigate complaints of human rights violations. It has the authority to conduct inquiries
into alleged abuses, whether they are committed by government agencies, law enforcement,
or other entities. This investigative role helps in uncovering and documenting violations.
2. Monitoring Human Rights Situations: The NHRC continuously monitors the human
rights situation in the country. This includes reviewing reports, conducting research, and
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analyzing data related to human rights issues. The goal is to identify trends, patterns, and
systemic problems affecting human rights.
3. Recommendations and Remedial Actions: Based on its investigations and monitoring

efforts, the NHRC makes recommendations to the government and relevant authorities for
corrective actions. These recommendations may involve legal reforms, policy changes, or
administrative measures to address human rights violations and prevent their recurrence.
4. Promotion of Human Rights Awareness: The NHRC plays a vital role in raising
awareness about human rights among the general public, government officials, and law
enforcement agencies. It conducts educational programs, seminars, workshops, and public
awareness campaigns to promote human rights education and understanding.
5. Advisory Role: The NHRC provides advice and guidance to the government on issues
related to human rights. It may suggest ways to improve existing laws, policies, and
practices to align them with human rights standards.
6. Intervention in Legal Proceedings: The NHRC can intervene in legal proceedings, either
by filing petitions or as an amicus curiae (friend of the court), to ensure that human rights
issues are adequately addressed in the judicial system. This can include cases related to
human rights violations or issues of public interest.
7. Research and Documentation: The NHRC conducts research, collects data, and maintains
records on human rights violations and issues. This information helps in building a
comprehensive understanding of the human rights situation in the country and serves as a
resource for policymakers, researchers, and civil society organizations.
8. Protection of Vulnerable Groups: The NHRC pays particular attention to the rights of
vulnerable and marginalized groups, such as women, children, minorities, refugees, and
other disadvantaged populations. It works to protect their rights and address discrimination
and violence against them.
9. Engagement with International Bodies: The NHRC often engages with international
human rights organizations and bodies to promote and protect human rights standards. It
may submit reports to international human rights mechanisms and participate in
international conferences and forums.
10. Emergency Response: In times of emergencies, including natural disasters and civil unrest, the
NHRC can intervene to ensure that human rights are upheld and that affected individuals
receive necessary support and protection.
Overall, the NHRC serves as an essential institution for safeguarding human rights, ensuring
accountability, and promoting a culture of respect for human dignity and fundamental freedoms
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within a country. Its independence and authority are crucial in holding governments and
institutions accountable for human rights violations and fostering a human rights-based approach
to governance and policy-making.
Human Rights of Marginalized groups:
Human rights are fundamental entitlements that belong to every individual, regardless of their
background, identity, or status. Marginalized groups often face unique and compounded
challenges in enjoying these rights due to discrimination, social exclusion, and systemic
inequalities. Protecting the human rights of marginalized groups is essential to promote equality
and ensure that all people have the same opportunities and protections under the law.
A) Human rights of Dalits

Dalits, also known as "Scheduled Castes" in India, face significant human rights challenges due
to historical and systemic discrimination and social exclusion based on their caste.
1. Discrimination and Untouchability: The practice of untouchability, which involves the
segregation and dehumanization of Dalits, remains a significant issue in many parts of
India. Dalits have historically been denied access to public spaces, places of worship, and
basic services due to their caste.
2. Violence and Atrocities: Dalits are often subjected to violence, including physical and
sexual abuse, by higher-caste individuals and groups. Caste-based violence, commonly
referred to as "atrocities," is a grave human rights violation. Many Dalits are forced to live
in fear and insecurity.
3. Economic Exploitation: Dalits often face economic exploitation through low-wage labour
and bonded labour practices. They may be denied fair wages and subjected to oppressive
working conditions.
4. Land and Property Rights: Landlessness is a significant issue among Dalits, as they are
often denied ownership of land and property. Secure land rights are crucial for economic
empowerment and well-being.
5. Education and Access to Services: Discrimination in education and limited access to
quality healthcare and other essential services are persistent problems for Dalits. This can
hinder their socio-economic development and opportunities.
6. Political Representation: Ensuring meaningful political representation for Dalits is
essential to address their unique concerns and interests. Affirmative action policies, such as
reservations in government and educational institutions, aim to promote political
participation, but challenges persist.
7. Cultural and Social Discrimination: Dalits often face discrimination in various aspects
of social and cultural life, including in marriage, rituals, and social interactions.
B) Human rights of Dalits
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Adivasis, also known as indigenous or tribal communities, are among the most marginalized
and vulnerable groups in many countries, particularly in India and various parts of South
Asia. Protecting the human rights of Adivasis is crucial to ensure their well-being, dignity,
and cultural preservation. Some key human rights concern for Adivasis include:
1. Land and Resource Rights: Adivasis often have ancestral ties to land and forests, which
are essential for their livelihoods and cultural identity. However, they frequently face
displacement due to development projects, mining, and land grabbing, which can lead to
loss of land and resources.
2. Right to Self-Determination: Adivasis have the right to self-determination, which includes

the ability to make decisions about their own economic, social, and cultural development.
This right is often undermined by external interventions and government policies that do
not consider their voices and aspirations.
3. Cultural Rights: Adivasis have distinct cultural practices, languages, and belief systems.
Protecting their cultural rights includes preserving and promoting their languages,
traditional knowledge, and cultural heritage.
4. Education: Access to quality education is a fundamental human right. However, Adivasi

children often face barriers to education, including a lack of schools, qualified teachers, and
culturally relevant curriculum.
5. Healthcare: Adequate healthcare is a basic human right. Adivasis often have limited access
to healthcare facilities and face health disparities due to factors like remoteness, poverty,
and discrimination.
6. Violence and Discrimination: Adivasis may experience discrimination and violence,

including sexual violence, by dominant groups or state authorities. Ensuring their safety
and protection from discrimination is essential.
7. Political Representation: Meaningful political representation is crucial for Adivasis to

advocate for their rights and interests. In some countries, reserved seats in legislative bodies
are provided to ensure their political participation.
8. Forest Rights: Many Adivasi communities rely on forests for their livelihoods. Securing
their rights to manage and use forest resources is vital for their survival and well-being.
9. Access to Justice: Access to justice is a fundamental human right. Adivasis often face
obstacles in accessing the legal system, which hinders their ability to seek redress for land
dispossession, violence, and other human rights violations.
10.Development Projects: Large-scale development projects often have adverse effects on

Adivasi communities. It is crucial to ensure that these projects are undertaken with their
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free, prior, and informed consent, and that they benefit from any economic development in
their regions.
C) Human rights of Women:
1. Right to Equality: Women have the right to equal treatment under the law and in all aspects
of life, including education, employment, and participation in public and political life.
Discrimination on the basis of gender is a violation of this right.
2. Right to Life and Security: Women have the right to live free from violence and the fear
of violence. This includes protection from domestic violence, sexual harassment, human
trafficking, and harmful traditional practices such as female genital mutilation and child
marriage.
3. Reproductive Rights: Women have the right to make decisions about their own bodies,
including the right to access contraception, safe and legal abortion, and maternal healthcare.
Reproductive rights also include the right to have children and access to infertility
treatments.
4. Right to Education: Women and girls have the right to quality education, free from
discrimination. Ensuring access to education is crucial for their empowerment and socio-
economic development.
5. Right to Health: Women have the right to the highest attainable standard of physical and
mental health. This includes access to healthcare services, maternal care, and treatment for
diseases like HIV/AIDS.
6. Economic Rights: Women have the right to work in safe and equitable conditions, receive
equal pay for equal work, and have access to economic opportunities, credit, and property
rights.
7. Political Participation: Women have the right to participate fully and equally in the
political processes of their countries, including voting, running for office, and holding
public office.
8. Freedom of Expression: Women have the right to freedom of expression and to participate
in public discourse and decision-making. This includes the right to express their opinions,
engage in activism, and access information.
9. Freedom from Discrimination: Women should not face discrimination based on their
gender, race, ethnicity, religion, sexual orientation, or any other characteristic.
Discrimination against women intersects with other forms of discrimination, compounding
their vulnerabilities.
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10.Rights of Indigenous Women: Indigenous women often face unique challenges due to their
gender and indigenous status. Protecting their rights includes recognizing their rights to
land, resources, and cultural preservation.
D) Human Rights of Minorities:
1. Right to Non-Discrimination:Minorities have the right to be treated equally under the law
and to be protected from discrimination based on their ethnic, religious, linguistic, or other
characteristics.
2. Cultural Rights: Minority communities have the right to preserve, promote, and express
their cultural identity, including language, religion, customs, and traditions.
3. Religious Freedom:Minorities have the right to practice their religion and beliefs freely
without discrimination or persecution. This includes the right to worship, build places of
worship, and observe religious holidays.
4. Right to Education:Minorities have the right to access quality education that respects and
includes their cultural and linguistic identity. This includes the right to mother-tongue
education where relevant.
5. Political Participation:Minority communities have the right to participate in political

processes, including voting and holding public office. They should be represented in
legislative bodies and have a say in decisions that affect their communities.
6. Right to Security:Minority individuals and communities have the right to live in safety,
free from violence, harassment, and hate crimes. Protection from violence and
discrimination is essential.
7. Economic and Social Rights:Minorities should have equal access to economic

opportunities, social services, healthcare, housing, and employment without discrimination.
8. Right to Land and Property:Minorities have the right to own, use, and enjoy their land
and property, and they should be protected from illegal land grabs and forced evictions.
9. Language Rights:Linguistic minorities have the right to use and promote their language in
education, media, and public life. They should have access to official documents and
services in their language where possible.
10. Access to Justice: Minorities have the right to access the justice system and receive a fair
and impartial trial, free from discrimination or bias.
E)Human Rights of Unorganized Workers:
Unorganized or informal workers, also known as precarious or vulnerable workers, often face
significant challenges in the realization of their human rights due to their employment status and
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lack of legal protections. Protecting the human rights of unorganized workers is essential to ensure
their well-being and dignity.
1. Right to Work:Unorganized workers have the right to work in conditions that are safe,
healthy, and free from discrimination. This includes the right to seek employment, to choose
one's job, and to be protected from forced or child labour.
2. Right to Decent Work:Unorganized workers have the right to decent work, which includes
fair wages, job security, reasonable working hours, and access to social protection, such as
health and retirement benefits.
3. Right to Equal Treatment:Unorganized workers should not face discrimination in
employment based on factors like gender, race, religion, or disability. They have the right
to equal pay for equal work and equal opportunities for advancement.
4. Freedom of Association and Collective Bargaining:Unorganized workers have the right
to form or join trade unions and to engage in collective bargaining to improve their working
conditions, wages, and benefits.
5. Right to Health and Safety:Unorganized workers should have access to safe working
conditions, protection from occupational hazards, and access to healthcare services when
needed.
6. Protection from Exploitation:Unorganized workers, including domestic workers,
agricultural labourers, and day labourers, are vulnerable to exploitation, including wage
theft and unsafe working conditions. Protecting them from such exploitation is a human
rights imperative.
7. Right to Social Security:Unorganized workers should have access to social security
systems, including unemployment benefits, disability benefits, and retirement pensions, to
ensure their economic well-being.
8. Right to Legal Protections:Governments should enact and enforce labor laws and
regulations that protect the rights of unorganized workers and ensure fair working
conditions.
CONSUMER PROTECTION ACT
Consumer protection is the practice of safeguarding buyers of goods and services against unfair
practices in the market. It refers to the steps adopted for the protection of consumers from corrupt
and unscrupulous malpractices by the sellers, manufacturers, service providers, etc. and to provide
remedies in case their rights as a consumer .
The Consumer Protection Act, 2019 was enacted by the Indian legislature to deal with matters
relating to violation of consumer’s rights, unfair trade practices, misleading advertisements, and
all those circumstances which are prejudicial to the consumer’s rights. have been violated.
What are consumer rights under Consumer Protection Act, 2019
There exist six rights of a consumer under the Consumer Protection Act, 2019. The rights of the
consumers are mentioned under Section 2(9) of the Act, which are as follows:
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Consumer Rights in India

1. Right to Safety
Right to Safety means getting protected against the marketing of goods and services that are
hazardous to the life and property of an individual. The purchased goods and services which are
availed should not only meet their immediate needs but also meet their long-term needs as well.
Also, consumers must be made aware of the ISI and AGMARK, etc.
2. Right to Choose
The right to choose means the right to be assured of the product they are buying. Right to Choose
means the consumers are at full freedom to know about the competitive prices existing in the
market and then buy the best product. This right is mostly exercised in a competitive market
structure.
3. Right to be Informed
The right to be informed means the consumers must be made aware of the quality, quantity,
potency, purity, standard, and price of the goods. This will act as knowledgeable protection of the
customers against unfair trade practices. The consumers must avail their right of knowing all the
details of the product and thus insist on getting all the information about the product or service
before making a choice or a decision of their own.
4. Right to Consumer Education:This right means that they must acquire the knowledge and
the skill to be an informed consumer throughout their life. Ignorance of knowing any product by
the consumers, particularly the rural consumers, acts as the main reason for their exploitation.
They should accurately know about their rights and must exercise them wisely.
5. Right to be Heard:Right to be heard means that the consumer's interests must be heard
properly. Their problem must receive all the due consideration at the right forums. The right to be
heard also includes the right to be represented in the various forums which are formed to consider
the consumer's welfare. The Consumers should form the non-political and non-commercial
consumers organizations, this can be given exact representation in these various committees which
are formed by the Government and by other bodies in all the matters which are relating to the
consumers.
6. Right to Seek Redressal:This means the right to seek redressal against any unfair trade
practices or by the unscrupulous exploitation of the consumers. This Right also includes the right
to fairly settle for the genuine grievances which are submitted by the consumers. Consumers
should also take the responsibility of making genuine complaints about their real grievances. The
consumers can also take the help of other consumer organizations in seeking redressal for their
grievances.
CONSUMER GRIEVANCES REDRESSAL MECHANISMS

Consumer grievances redressal mechanisms are essential processes and systems put in place to
address and resolve issues and complaints raised by consumers regarding products or services they
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have purchased and are designed to ensure that consumers receive fair treatment and have a way
to seek redress when they are dissatisfied or face problems related to their purchases. Here are
some common consumer grievances redressal mechanisms:
1. Customer Service Departments: Most companies have customer service departments that
handle consumer inquiries and complaints. Consumers can reach out to these departments
through various channels such as phone, email, or chat to seek assistance and resolution.
2. Online Portals and Apps: Many businesses provide online platforms or mobile apps that
allow consumers to log complaints and track their resolution status. These platforms often
include self-service options to address common issues.
3. Toll-Free Helplines: Some companies offer toll-free helplines that consumers can call to
report grievances and seek assistance. These helplines are typically staffed by trained
customer service representatives.
4. Ombudsman Services: In some industries, ombudsman services or regulatory bodies exist
to handle consumer complaints. These organizations act as independent mediators to resolve
disputes between consumers and businesses.
5. Consumer Forums and Associations: Consumer forums and associations are non-
governmental organizations that advocate for consumer rights and often assist consumers in
resolving disputes with businesses. They may provide legal support or guidance.
6. Government Consumer Protection Agencies: Many countries have government agencies
dedicated to consumer protection. These agencies can investigate and mediate consumer
complaints and, in some cases, take legal action against businesses that violate consumer
protection laws.
7. Small Claims Court: In cases where disputes cannot be resolved through other means,
consumers can file complaints in small claims courts. These courts handle relatively minor
consumer disputes and offer a simplified legal process.
8. Product Return and Refund Policies: Businesses often have policies in place for returns
and refunds. These policies outline the conditions under which consumers can return
products and receive refunds or exchanges.
9. Social Media and Online Reviews: Consumers can use social media platforms and online
review sites to voice their grievances publicly. Some companies monitor these channels and
may respond to complaints to maintain their reputation.
10. Consumer Education and Awareness: To prevent grievances in the first place, consumer
education and awareness programs are crucial. These initiatives empower consumers to
make informed choices and understand their rights.
It's important for consumers to be aware of their rights and the available redressal mechanisms
in their region. Businesses, too, should be responsive to consumer complaints and strive to
resolve issues promptly to maintain customer satisfaction and trust.
Ph one: +91-824-2206000
THE HUMAN RIGHTS MOVEMENT IN INDIA

The human rights movement in India is a dynamic and diverse movement that has evolved over
the years to address various human rights issues within the country. India has a long history of
social and political activism related to human rights, with key milestones and developments as
follows:
1. Pre-Independence Era: The struggle for independence from British colonial rule was itself
a human rights movement, with leaders like Mahatma Gandhi advocating for non-violence,
civil disobedience, and fundamental rights.
2. Post-Independence: After gaining independence in 1947, India adopted a democratic
constitution in 1950 that enshrined a range of fundamental rights for its citizens, drawing
inspiration from the Universal Declaration of Human Rights.
3. National Human Rights Commission (NHRC): Established in 1993, the NHRC is an
autonomous public body responsible for the protection and promotion of human rights in
India. It investigates complaints of human rights violations and makes recommendations for
redress.
4. NGOs and Civil Society: India has a vibrant civil society with numerous non-governmental
organizations (NGOs) and activists working on various human rights issues. These
organizations focus on issues such as women's rights, child rights, Dalit rights, LGBTQ+
rights, environmental rights, and more.
5. Women's Rights: Women's rights activists and organizations have been instrumental in
addressing issues such as gender-based violence, dowry-related deaths, and women's access
to education and healthcare.
6. Dalit Rights: The Dalit community, historically marginalized and discriminated against, has
a strong movement advocating for their rights and social justice. This includes efforts to
combat caste-based discrimination and violence.
7. Tribal and Indigenous Rights: Activists and organizations work to protect the rights of
tribal and indigenous communities, often facing displacement due to development projects
and land grabs.
8. Environmental Rights: India faces significant environmental challenges, and
environmental activists and organizations advocate for sustainable development and
protection of natural resources.
9. Children's Rights: Organizations like UNICEF and local NGOs work to protect the right s
of children, addressing issues such as child labor, child marriage, and access to education
and healthcare.
10. Minority Rights: Protecting the rights of religious and ethnic minorities, including
Muslims, Christians, and Sikhs, is an ongoing concern in India.
It's important to note that while India has made significant progress in various areas, challenges
persist, and human rights violations continue to be reported.
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The human rights movement in India operates within a complex and diverse social and political
landscape, and activists often face challenges, including government scrutiny and legal
restrictions. Nevertheless, civil society and human rights defenders continue their efforts to
advance human rights and social justice in the country.

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BENGAL URU OFF CAMPU S

UNIT 2 – HUMAN RIGHTS

● Adopted: 16 December 1966

● Responsibilities: Citizenship often comes with certain responsibilities, such as paying

Differences Between Human Rights and Citizenship Rights:

7. Abolition of Untouchability: The Constitution explicitly bans the practice of

Human rights laws and institutions in India

3. Recommendations and Remedial Actions: Based on its investigations and monitoring

A) Human rights of Dalits

2. Right to Self-Determination: Adivasis have the right to self-determination, which includes

4. Education: Access to quality education is a fundamental human right. However, Adivasi

6. Violence and Discrimination: Adivasis may experience discrimination and violence,

7. Political Representation: Meaningful political representation is crucial for Adivasis to

10.Development Projects: Large-scale development projects often have adverse effects on

5. Political Participation:Minority communities have the right to participate in political

7. Economic and Social Rights:Minorities should have equal access to economic

Consumer Rights in India

CONSUMER GRIEVANCES REDRESSAL MECHANISMS

THE HUMAN RIGHTS MOVEMENT IN INDIA

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