1. What do you mean by the term Human Rights?

(6)
Ans: -

Introduction:
Human beings are rational beings. They by virtue of their being
possess certain basic and inalienable rights which are commonly
known as Human Rights. Thus, Human Rights are those rights which
all individuals are entitled by virtue of being Human. Human rights,
being the birthright, are there for inherent in all the individuals
irrespective of their caste, creed, religion, Sex and nationality. Human
rights being inherent they cannot leave as human beings without
them. These rights are essential for all the individuals as consonant
with their freedom and dignity. Human rights being fundamental or
basic rights are often set out in the constitution so that they are not
taken away by any act of legislature or Government.
Define Human Rights: -
Human beings are born equal in dignity and rights. This are moral
claim which are inalienable and inherent in all individuals. They are
having several definitions regarding Human Rights which are as
follows: -
❖ According to Dr. J. 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".
❖ According to Universal Declaration of Human Rights
(UDHR), 1948 defines Human Rights as, " Rights derived from
the inherent dignity of the Human person".
❖ According to Section 2(1)(d) of The Protection of Human
Rights Act, 1993 defines Human Rights as "Human Rights are
the rights relating to life, Liberty, equality and dignity of the
individual guaranteed by the constitution or embodied in the
international covenants and enforceable by Courts in India.
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Characteristics of Human Rights: -
The Major Characteristics of Human Rights are as follows: -
1) Human Rights are Inalienable –
Human rights are conferred on an individual due to the very
nature of his existence. They are inherent in all individuals
irrespective of their caste, creed, religion, sex and nationality.
Human rights are conferred to an individual even after his death.
The different rituals in different religions bear testimony to this
fact.
2) Human Rights are Essential and Necessary –
In the absence of human rights, the moral, physical, social and
spiritual welfare of an individual is impossible. Human rights
are also essential as they provide suitable conditions for material
and moral upliftment of the people.
3) Human Rights are Irrevocable –
Human rights are irrevocable. They cannot be taken away by
any power or authority because these rights originate with the
social nature of man in the society of human beings and they
belong to a person simply because he is a human being. As such
human rights have similarities to moral rights.

4) Human Rights are Universal –

Human rights are not a monopoly of any privileged class of
people. Human rights are universal in nature, without
consideration and without exception. The values such as
divinity, dignity and equality which form the basis of these
rights are inherent in human nature.
Importance of Human Rights: -
Interest and all- round awareness of Human Rights has grown in
recent decades. In 1948, the Universal Declaration of Human Rights
laid down the Common standards of achievement for all peoples and
for all nations. A Question arises as to why human rights are
important? Following points are relevant in this regard: -
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 I. Human Rights are essential for all- round development of the
personality of the individuals in the society. They must be
preserved, cherished, and defended if peace and prosperity are
to be achieved.
II. Human Rights are the very essence of a meaningful life and to
maintain human dignity is the ultimate purpose of the
Government. The need for the protection has arisen because of
inevitable increase in the control over men’s action by the
Governments which by no means can be regarded as desirable.
There are several states where fundamental standards of human
behavior are not observed. The consciousness on the part of the
human beings as to their rights has also necessitated the
protection by the States. It has been realized that the functions of
all the laws whether they are the rules of municipal law or that
of international law should be to protect them in the interest of
the humanity.
III. Human Rights protect vulnerable groups such as women,
children, refuses, migrant workers, disabled persons and
indigenous persons.
IV. Human Rights ensure people to their basic needs met such as
access to medicine, Food, Water, clothes and shelter.
V. Human Rights give people access to education.
VI. Human Rights ensure just and favorable conditions of work and
just and favorable remuneration ensuring for himself and his
family, an existence worthy of human dignity.

2. Discuss the Concept of Human Rights along with

National and International Insights? (10)
Introduction: -
Human Rights are moral principles or norms that describes certain
standards of human behavior and are regularly protected as natural
and legal rights in municipal and international law. They are
commonly understood as inalienable, fundamental Rights to which a
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person is inherently entitled simply because she or he is a human
being and which are inherent in all human being regardless of their
nation, location, language, religion, ethnic origin or any other Status.
They are applicable everywhere an at every time in the sense of being
the same for everyone. The Doctrine of Human Rights has been
highly influential within International Law as well as Municipal
Laws.
Define the term Human Rights: -
Human beings are born equal in dignity and rights. This are moral
claim which are inalienable and inherent in all individuals. They are
having several definitions regarding Human Rights which are as
follows: -
❖ According to Dr. J. 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".
❖ According to Universal Declaration of Human Rights
(UDHR), 1948 defines Human Rights as, " Rights derived from
the inherent dignity of the Human person".
❖ According to Section 2(1)(d) of The Protection of Human
Rights Act, 1993 defines Human Rights as "Human Rights are
the rights relating to life, Liberty, equality and dignity of the
individual guaranteed by the constitution or embodied in the
international covenants and enforceable by Courts in India.
Concept of Human Rights – International Insights: -
The doctrine of Human Rights has been highly influential within
international law, global and regional institutions. Actions by states
and nongovernmental organizations form a basic of public policy
worldwide.
Many of the basic ideas that animated the human rights movement
develop in the aftermath of the second World war and the events
of the Universal declaration of Human Rights in Paris by the

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United Nations general assembly in 1948. Ancient peoples did not
have the same modern-day conception of Universal human rights.
From this foundation, the modern Human Rights arguments emerged
over the latter half of the 20th century, possibly as a reaction to
slavery, torture, genocide and war crimes as a realization of inherent
human vulnerability and as being a precondition for the possibility of
a just society.
International human rights law is the body of international law design
to promote human rights on social regional and domestic levels. As a
form of international law eat primarily made up of treaties,
agreements between sovereign States intended to have binding legal
effect between the parties that have agree to them.
India has rectified many international conventions relating to human
rights. Each has an obligation to implement the rights stipulated
therein to the individuals. The role of the government is therefore
gigantic. It has to choke out its policies and enact laws in such a way
so that the rights provided there in maybe available to the individuals.
International law is a crucial aspect of human rights. Governments are
in a powerful position to control the freedoms of individual or groups.
A series of Human Rights treaties and other instruments adopted since
1945 has developed into an influential body of international human
rights. These are monitors and implemented by important
international institutions including the United nation human rights
council, United nation treaty bodies, the council of Europe, the
European Court of human rights, United nation agencies and so
on.
Concept of Human Rights – National Insights: -
National Human Rights institutions are independent bodies
established to stand up for those in need of protection and hold
governments to account for their Human Rights obligation. They also
help shape laws, policies, and attitude that create a stronger, fairer
societies. National Human Rights institutions must meet a set of
minimum international standards known as Paris principles, to prove
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they can fulfill this role and demonstrate their independence from
government.
Conclusion: -
Human rights have become an established reality since the
establishment of the United Nations since 1945, which has, as its
Central concern, reaffirmed its faith in fundamental human rights. The
expression on human rights denotes all those rights which are
inheritance in our nature and without which we cannot live as human
beings. Thus, the two natures of human rights are to be the same in
National and international insights.

3. Write a short note on Universal Declaration of

Human Rights [UDHR]? (16)
Introduction: -
The Universal Declaration on Human Rights (UDHR) is an
international document adopted by the United Nations General
Assembly. 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 UDHR is a milestone document in the history of
Human Rights, drafted by representatives with different legal and
cultural background from all religions of the world, it is set out for the
first time fundamental human rights to be protected.
Define the term Universal Declaration on Human Rights: -
Human Rights had already found expression in the covenant of
the League of Nations, which led, inter alia, to creation of the
International Labour Organization. At the San Francisco
Conference in 1945, held to draft the charter of the United Nations, a
proposal to adopt a “Declaration of The Essential Rights of Man” was
put forward but was not examined because it required more detailed

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consideration that was possible at that time. Meanwhile, the UN
Charter clearly speaks of “Promoting and Encouraging Respect
for Human Rights and for Fundamental Freedom for all Without
distinction as to Race, Sex, Language & Religion. The idea of
promulgating an “International Bill of Rights” was developed
immediately afterwards and led to the adoption in 1948 of The
Universal Declaration on Human Rights.
Structure of UDHR: -
The UDHR consists of 30 Articles, detailing an individual’s “basic
right and fundamental freedoms”. It is universally applicable for all
human being of varying race, religion and nationality. At least one
of the binding 9 treaties of the UDHR has been ratified by all
193 members State of the United Nations, with the majority
ratifying four or more.
The basic structure of the UDHR was influenced by a set of laws
formulated by Napolean Bonaparte centuries before, collectively
known of the following: -
• The preamble gives details about the social and historical
reasons that led to the formation of the UDHR;
• It contains a total of 30 Articles;
Importance of UDHR: -
In International Laws, a declaration is different from a treaty, in the
sense that is generally states Understanding among the parties, rather
than binding obligations. The declaration was the first instrument of
international law to use the phrase, “Rule of law”, they establishing
the principle that all members of the all societies are equally bound by
the law regardless of the jurisdiction or political system.
Principles of UDHR; -
The major principles of UDHR are as follows; -
Articles 1 – 2: - The basic concept of dignity, and equality are
established.
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Articles 3 – 5: - Details of dividual rights, such of the Right to Life
and Prohibition of slavery.
Articles 6 – 11: - Refers to the fundamental rights of well of the
remedies for their violation.
Articles 12 – 17: -Set forth the rights of the individual towards the
community, including freedom of movement and residence within
each state, the right of property and the right to a nationality.
Articles 18 – 21: - These sets of articles refer to the rights of the
individual towards the community including freedom of movement,
thought, opinion, expression, religion, peaceful association and ideas
through any media.
Articles 22 – 27: - Sanction an individual’s economic, Social and
cultural rights including healthcare.
Articles 28 – 30: - It establishes the general means of exercising these
rights, the areas in which the rights of the individual cannot be
applied.
UDHR Applied in Indian Scenario; -
India was a signatory to the UDHR. The Indian constitution was
adopted by the Dec 26, 1949 which came into force Jan 26, 1950. Our
Indian was greatly influenced by the UDHR,1948. Among of them,
some circumstances are as follows: -

Nature of UDHR ICCPR ICESCR Constitution

Rights
Equality 7 14(1) 3 14
Before Law
Prohibition 7 26 15(a)
Against
Discrimination
Freedom Of 19 19(1), 19(a)
Speech and 19(2)
Expression
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 Protection of 3 6(1), 21
Personal Life 9(1)
& liberty
Protection 4 8(3) 23
against
Slavery &
Forced Labour
Freedom of 18 18(1) 25(1)
Religion
Remedy for 8 32
Enforcement
Right
Right to work, 23(1) 6(1), 7 41
just, favorable
condition of
work
Right to equal 23(2) 7 39(d)
pay for equal
work
Right to 26(1) 26(1) 13 21A,41,45,51(A)(K)
Education
Adequate 11 21
Food, Shelter,
Clothing
freedom from
Hunger

Conclusion: -
The general explanation of human rights states that Civil, Political
and Social rights belong to human being in order to preserve one’s
dignity. The declaration consists of 30 Articles. These 30 Articles of
UDHR guarantees protection of the person of procedural law,
classical freedom rights.

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 4. Examine the role of UN High Commissioner in the
protection and promotion of Human Rights in
India? (16)
Introduction: -
The Office of the United Nations High Commissioner for Human
Rights (OHCHR) was established by the General Assembly on
December 20, 1993, in the wake of the 1993 World Conference on
Human Rights. The OHCHR and the Centre for Human Rights were
consolidated on 15th September, 1997. The above reforms were made
in the wake of the Vienna Conference on Human Rights of 1993
wherein it was stressed that a strong institutional machinery is
required to be established in order to promote and protect Human
Rights effectively. The office is located at Geneva. It maintains a
liaison office in New Work as well as numerous country offices
around the world.
Composition of OHCHR: -
The OHCHR is headed by a High Commissioner who is appointed by
the Secretary General of the United Nations. However, his name is
approved by The General Assembly. He shall be a person of High
Moral Standing and Personal integrity possessing expertise in the
human rights field and an understanding of diverse cultures. The
High Commissioner shall serve a Four-year term at the rank of
the under Secretary- General. Jose Ayala Lasso of Ecuador was
nominated by the Secretary General as the First High
Commissioner. He assumed office on February 14, 1994. Presently,
Michalle Bechlet of Chile is the High Commissioner who assumed
office on September 1, 2018 for a period of four Years.

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 Functions of OHCHR: -
The High Commissioner for human Rights is responsible for all the
activities of the OHCHR. He or She carries out the functions specially
assigned by the General Assembly. Generally, the OHCHR performs
the following functions: -
I. The OHCHR promotes universal employment of all Human
Rights by giving practical effect to the will and resolve of the
world community as expressed by the United Nations.
II. The office plays the leading role on Human Rights issues and
emphasis, the importance of Human Rights at the international
and national level.
III. The office promotes international cooperation for Human
Rights.
IV. The office stimulates and coordinates action for Human Rights
throughout the United Nations System.
V. The office promotes Universal ratification and implementation
of international standards.
VI. The office assists in the development of new norms.
VII. The office supports Human Rights organ and treaty monitoring
bodies.
VIII. The office responds the serious violations of Human Rights.
IX. The office undertakes prevention Human Rights Action.
X. The office promotes the establishment of National Human
Rights Infrastructures.
XI. The office undertakes Human Rights field activities and
operations.
XII. The office provides education, information, advisory services
and technical assistance in the field of Human Rights.

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Conclusion: -
Human Rights is a cross-cutting theme in all UN policies and
programs in the key areas of peace and security, development,
humanitarian assistance, and economic and social affairs. As a result,
virtually every UN Body and specialized agency is involved to some
degree in the protection of Human Rights among them the office of
the United Nation High Commissioner for Human Rights
(OHCHR) played a crucial role.

5. Write a short note on International Covenants on Civil and

Political Rights [ICCPR]? (16)
Introduction: -
The ICCPR is a key International human rights treaty providing a
range of protections for civil and political rights. The ICCPR,
together with the UDHR and the ICESCR are considered the
International Bill of Human Rights. The ICCPR obligates countries
that have rectified the treaty to protect and preserve basic human
rights. The covenant compels governments to take administrative,
judicial and legislative measures in order to protect the rights
enshrined in the treaty and to provide an effective remedy. The
covenant was adopted by the United Nations general assembly in
1966 and came into force 1976. As of December 2018, 172
Countries have ratified the Covenant.
Define International Covenant on Civil and Political Rights
(ICCPR): -
The International Covenant on Civil and Political Rights (ICCPR) is
an important human right treaties adopted by the United Nations. It
consists of 53 Articles and 6 Parts. The mean object to the ICCPR to
protect and promote Human Rights. Basically, the ICCPR focuses on
Civil and Political Rights of every individual. It concerned with
protecting the individual from the state. It also an individual's

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 complaints mechanism, allowing individuals to bring claim against
states that have violated their rights under the Covenant. The ICCPR
imposes negative obligations on states, requiring them to refrain from
interfering with certain rights. The major articles under the Covenant
are as follows: -
➢ General = Article 1 to 3 & 5;
➢ Rights in Emergency = Article 4;
➢ Substantive Rights = Article 6 to 27
➢ Implementation of Rights by Agency = Article 28 to 45;
➢ Interpretation = Article 46-47;
➢ Signature & Amendments = Article 48 to 53;
Kinds of International Covenant on Civil and Political
Rights (ICCPR): -
Various kind of civil and political rights may be divided into
following 12 categories which are as follows; -
I. The Right to Life, Liberty, Security of person;
II. Abolition of Slavery and Slave like Practices;
III. Abolition of Forced Labour;
IV. Protection against torture and other forms of cruel, in human
punishment;
V. Protection against arbitrary arrest and detention;
VI. Human Rights in the Administration of Justice;
VII. Right to Everyone to Leave His country;
VIII. Right to own Property;
IX. Freedom of thought, conscience and religion or belief;
X. Freedom of Opinion and Expression;
XI. Freedom of Association including Trade Union Rights;
XII. Right to everyone to take part in the Government of his country;

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Conclusion: -
Human Rights Committee (HRC) is an important instrument for implementing
the International Bill of Human Rights. This Committee was established under
the Civil Covenant of the General Assembly. It consists of 18 members. The
term of the member shall be for 4 years.
INTERNATIONAL BILL OF HUMAN RIGHTS

UNIVERSAL DECLARATION OF HUMAN RIGHTS

INTERNATIONAL COVENANT ON INTERNATIONAL COVENANT ON

CIVIL AND POLITICAL RIGHTS ECONOMIC, SOCIAL & CULTURAL RIGHTS

6. Write a short note on International Covenants on

Economic, Social and Cultural Rights [ICESCR]? (16)
Introduction: -
The International Covenant on Economic, Social & Cultural
Rights, otherwise known as ICESCR is a resolution adopted by the
United Nations and opened up to the ratification process by United
Nations Member in 1966. The resolution was ratified and then put
into action on January 3, 1976. The International Covenant on
Economic, Social & Cultural Rights (1966) together with Universal
Declaration on Human Rights make up the International Bill of
Human Rights.

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Define The International Covenant on Economic, Social &
Cultural Rights: -
The ICESCR is a multilateral treaty adopted by the United
Nations General Assembly on 16th December 1966 and came into
force on 3rd January 1976. It commits its parties to work toward the
granting of Economic, Social & Cultural Right to the non-self-
governing and Trust territories and Individuals including labour rights
and the Right to Health, Right to Education and The Right to An
Adequate Standard of Living. As of 2015, the Covenant had 163
parties.
The ICESCR is part of the declaration on the granting of
independence to colonial countries and peoples, International Bill of
Human Rights along with UDHR and ICESCR. The covenant is
monitored by the UN Committee on Economic, Social & Cultural
Right.
The ICESCR is basically focuses on Economic, Social and Cultural
Rights. It also concerns with the States obligation to ensure the well-
being of its citizen. The ICESCR recognizes that some economic,
social & cultural Rights may not be immediately achievable and
allows for their progressive realization over time.
Principles of ICESCR: -
The major principles of ICESCR are as follows: -
Article- 1
All people have the Right of Self Determination, including the Right
to determine their political status and freely pursue their Economic,
Social and Cultural Development.
Article- 2
Each state party undertakes to take steps to the maximum of its
available resources to achieve progressively the full realization of the
rights in this treaty.

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Article- 3
The State undertakes to ensure the equal right of men and women to
the enjoyment of all rights in this treaty.

Article- 4
Limitations may be placed on these rights only if compatible with the
nature of these rights for the purpose of promoting the general welfare
in a democratic society.
Article- 5
No person, Group or Government has the right to destroy any of these
rights.
Article- 6
Everyone has the Right to Work, including the Right to Gain one’s
living at work that is free chosen and accepted.
Article- 7
Everyone has the Right to Just conditions of work, fair wages
ensuring a decent living for himself and his family, equal pay for
equal work, safe and healthy working conditions and so on.
Article- 8
Everyone has the Right to Form and Join Trade Unions, the Right to
Strike and so on.
Article- 9
Everyone has the Right to Social Security, including Social Insurance;
Article- 10
Protection and Assistance should be accorded to the family. Marriage
must be entered into with the free consent of both the parties.

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Article- 11
Everyone has the Right to an adequate standard of living for himself
and his family;
Article- 12
Everyone has the Right to Enjoyment of the Highest attainable
Standard of physical and mental Health;
Article- 13
Everyone has the Right to education. Primary Education is
Compulsory and Free for All.
Article- 14
Those states where Compulsory, free primary education is not
available to all should work out of a plan to provide such education.
Article- 14
Everyone has the Right to take part in Cultural Life, enjoy the benefits
of Scientific Progress.
Conclusion: -
In the above discussion, we state that ICESCR provides the legal
framework to protect and preserve the most basic economic, social &
cultural rights.

7)Discuss the various principles adopted in the

International Convention on Elimination of
Discrimination against women. (16)
Introduction: -
The convention on the elimination of all forms of discrimination
against women (CEDAW) adopted in 1979. by the UN Assembly, is
often described as an International Bill of Rights for women
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consisting of a Preamble and 30 Articles constitutes discrimination
against women and sets up an agenda for national action to end Such
discrimination.
Define Convention on Elimination of Discrimination
against Women (CEDAW): -
The convention on the elimination of all forms of discrimination
against women adopted by the United Nations General Assembly on
December 18, 1979. CEDAW had been approved by 189 Nations as
of 2016. By Signing the convention, Nations agree to adopt a number
of Steps to eliminate all forms of discrimination against Women
including-
ⅰ) To incorporate the principle of equality of men and women in their
legal system, abolish all discriminatory laws;
ⅱ) To establish tribunals and other Public Institutions to ensure the
effective Protection of women against discrimination;
iii) To ensure the elimination of all acts of discrimination against
women by persons, Organizations on enterprises;
Principles of Convention on Elimination of Discrimination
against Women (CEDAW): -
The various Principles adopted in CEDAW are of follows: -
A. Equality In Rights: -
The convention recognizes that women are entitled to enjoy the
same fundamental Human Rights and freedoms of men. It affirms
the principle of equal rights between men and Women in Political,
Economic, Social, cultural and civil Spheres.
B. Non- Discrimination: -
CEDAW Prohibits any distinction, exclusion of restriction based
on sex, which has the effect of Purpose of impairing women's
Human Right.

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 C. State Obligations: -
The convention places the responsibility On States to take all
necessary measures to eliminate discrimination against Women.
D. Institutional Mechanism: -
CEDAW calls for the establishment of national mechanisms to
promote gender equality and advancement of women. This
mechanism includes National commission on Women’s Right,
Specialized bodies and so on.
E. Stereotypes and Prejudice: -
The convention addresses the importance of Eliminating
Stereotypes and Prejudices that Perpetuate discrimination against
Women.
F. Violence Against women: -
CEDAW recognizes that Violence against Women is a form of
discrimination and a violation of Women's Human Right.
G. Political Participation: -
The convention highlights the importance of Women equal
Participation in Decision- making Process at all levels. It calls for
measures to ensure women's Right to vote Stand for election and
participate in public and Political life on an equal basis with men.
H. Education And Employment: -
CEDAW Promotes equal access to education and employment for
women.
I. Maternity Rights: -
The convention recognizes women's right to reproductive health
and maternity Protection.
J. Discrimination In Family Matters: -
CEDAW addresses discrimination against women in family
matters, such of Marriage, Divorce and custody of children. It
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 emphasizes the need to ensure equality between women and men in
these areas and Protect Women's right Within the family.
Conclusion: -
These Principles form the basis of the international legal framework
to Protect gender equality and eliminate discrimination against
Women. CEDAW has been ratified by the majority of countries
worldwide, and its implementation is monitored by the committee on
the Elimination of Discrimination against Women, a body of
independent experts.

8)Discuss the various Rights Incorporated in the

convention on Right of Child. (16)
Introduction: -
In November 1989, after nearly a decade of negotiations, the United
Nations General Assembly unanimously adopted the convention on
The Right of Child for the first time in history, an international treaty
recognize that children are not possessions but People Who have
human Rights. It also recognizes the incredible importance of Parents
and families in Providing the best environment for children to grow.
The CRC is the most widely accepted Human Rights Treaty in
History.
Define Convention on The Rights of Child (CRC): -
The convention on the Right of the child (CRC) is an International
Human Rights Treaty adopted by the United Nation General
Assembly, 1989. It Sets out the Fundamental Rights and Protection
that should be afforded to all Children around the world. The CRC
consists 54 articles that cover a wide range of Rights, encompassing
Civil, Political, economic, Social and cultural of aspects of a Child's
life.

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Rights Incorporated in The Convention on The Rights of
Child (CRC): -
The following is a brief overview of the Rights incorporated in the
convention: -
A. Non- Discrimination (Article- 2): -
Children are entitled to all rights without discrimination of any
kind, regardless of race, religion, gender, disability of any other
Status.
B. Best Interest of The Child (Article- 3): -
The best interest of the child should be a Primary consideration in
all action concerning them.
C. Right to Life, Survival And Development (Article-6): -
Children have the Right to Life and Governments Should ensure
their Survival and development to the maximum extent possible.
D. Registration, Name and Nationality (Article 7): -
Every child has the Right to a Name, Nationality and to be
registered immediately after birth.
E. Preservation of Identity (Article 8): -
Children have the Right to preserve their Identity.
F. Freedom of Expression (Article 13): -
Children have the right to express their Opinions and have them
taken into account in matters affecting them.
G. Freedom of Religion (Article 14): -
Children have the Right to Freedom of Religion and the freedom to
manifest their religion.
H. Protection of Privacy (Article 16): -
Children have the right to privacy, including protection from
unlawful interference with their privacy, family and Home.
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 I. Protection from Violence, Abuse and Neglect (Article 19-24): -
Children have the Right to Protection from all forms of violence,
abuse, and neglect including Physical, mental and Sexual abuse.

J. Right To Education (Article 28): -

Children have the Right to Education that is Free, Compulsory and
of good quality.
K. Right to Health and Health Care (Article 24): -
Children have the Right to the highest attainable Standard of health
and access to Health causes Services.
Conclusion: -
These Rights serve of a comprehensive frame Work to ensure the
well-being development and Protection of all children, with the aim of
Promoting their full and equal Participation in Society.

9)Discuss the Powers & functions of National Human

Rights Commission as laid down in The Protection of
Human Rights Act, 1993. (16)
Introduction: -
National Human Rights Commission (NHRC) of India is an
independent Statutory body and is considered of the watch dog of
Human Rights in the Country, i.e., the Rights related to life, liberty,
equality and dignity of the individual guaranteed by Indian
constitution of embodied in the international covenants and
enforceable by Courts in India. It's headquartered Located in New
Delhi. Chapter II to Iv of the Act deals with the National Human
Rights Commission.

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Historical Background of NHRC: -
Universal Declaration of Human Rights (UDHR) was adopted by the
United Nation General Assembly in Paris on 10 December, 1948
Human Rights Day is observed every year on 10 December, in due
time the Paris principle adopted for the Promotion & Protection of
Human Rights in Paris (October, 1991) and endorsed by the General
Assembly of the UN On 20 December 1993.
In Pursuant to these Principles, NHHRC was established on 12
October 1993 as Per Provisions of Protection of Human Rights Act,
1933. Later Amended in 2006. This Act also authorized State
Government to establish State Human Rights Commission.
Constitution of NHRC: -
Chapter II of the Act deals with the Constitution of NHRC.
Section 3 of this Act lays down that the Central Government shall
constitute a body to be known as NHRC. The composition of NHRC
are as follows: -
MEMBERS APPOINTMENT CRITERIA
CHAIRMAN Sitting CJI/ Judge of The
Supreme Court
ONE MEMBER Sitting/ Retired Judge of
Supreme Court
ONE MEMBER Sitting/ Retired Judge of
High Court
TWO MEMBERS At least One should be a
woman having practical
experience in matters of
Human Rights.
A SECRETARY GENERAL Rank of The Secretary to
the Government of India
7 DEEMED EX- OFFICIO Chairperson of the below
MEMBERS National Commissions: -
❖ National Commission
for Minorities;

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 ❖ National Commission
for Scheduled Caste;
❖ National Commission
for Scheduled Tribe;
❖ National Commission
for Women;
❖ National Commission
for Protection of Child
Rights;
❖ National Commission
for Backward Classes;
❖ National Commission
for Person with
Disabilities;

The Chairperson and Members of the NHRC are appointed by the

President of India, on a recommendation of a 6 Members committee
consisting of: -
• The Prime Minister (Chair Person);
• The Home Minister;
• The Leader of The Opposition of Lok Sabha;
• The Leader of The Opposition of Rajya Sabha;
• The Speaker of the Lok Sabha;
• The Deputy Chairman of the Rajya Sabha;
They are appointed for 5 years or the age of 70 years, whichever is
earlier. They can only be removed on the charges of misbehavior or
incapacity if proved by an inquiry conducted by a Supreme court
Judge.

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 Functions of NHRC: -
The major functions of NHRC are as follows: -
I. To Inquire into any violation of Human Rights or negligence in
the prevention of such violation by a public servant, either Suo
moto or on a petition presented to it or on an older of a court;
II. To intervene in any Proceeding involving allegation of violation
of human Rights Pending before a court;
III. To visit Jail and detention Places to study the living conditions
of inmates and make recommendation thereon;
IV. To review the constitutional and other legal Safeguards for the
Protection of Human Rights and recommend measures for their
effective implementation;
V. To review the factors including acts of terrorism that inhibit the
enjoyment of Human Rights and recommended Remedial
Measures;
VI. To Study treaties and other international instruments on Human
Rights and make recommendations for their effective
implementation;
VII. To undertake and Promote research in the field of human rights;

Achievements of NHRC: -
As the NHRC turns 29, it is important to assess the commission's
achievements. Human Rights Day 2020, the commission claimed to
have registered 1950, 695 cases while disposing of 19,32, 533 cases It
Paid abound 2 billion to victims of human Rights violations across
various State agencies on the recommendations of the commission.
On its 28th foundation Day, the commission took pride in the fact that
it has disposed of 20 lakh cases and given RS 205 Chore to the
victims of violations.
with the appointment of Justice Arun Mishra as the chairperson of the
commission and three other members, the NHRC today is working at

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full capacity. The Commissions has received over 84000 cases every
year on an average in the last 5 years.
Drawbacks of NHRC: -
1. The Recommendations made by the NHRC are not binding in
nature;
2. Violation of Human rights by private Parties cannot be
considered under NHRC jurisdiction;
3. NHRC does not have the power to Penalize the authorities that
do not implement its recommended orders;
Conclusion: -
The need if to ensure qualitative disposal of complaints rather than
closing them On a Procedural basis Further, the NHRCs Alone cannot
save the human rights Situation in the country - Parliament has an
equally important role to Play. It is high time that the Procedure
regulations proposed by the Commission see the light of the day.

10)Discuss the Powers & functions of State Human

Rights Commission as laid down in The Protection of
Human Rights Act, 1993. (16)
Introduction: -
A State Government may constitute a body Known of The Human
Rights Commission a of that state to exercise the Powers conferred
upon and to perform the functions assigned to, a State Commission. It
is the Watchdog of Human Rights, responsible for the Protection and
Promotion of Human Rights. At Present, 26 States have constituted
State Human Rights Commission. The first State Human Rights
Commission was constituted in Kolkata on 8 January, 1994 Known as
West Bengal Human Rights commission.

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Constitution of State Human Rights Commission: -
A State Human Rights Commission can prosecute Human Rights
violations in matters covered by The Indian Constitution’s 7th
Schedule State List and Concurrent List. The Human Rights
Protection Act, 1993 mandates the establishments of a State Level
Human Rights Commission. The constitution of The State Human
Right Commission are as follows: -
MEMBERS APPOINTMENT CRITERIA
CHAIRPERSON A Chief Justice of High
Court;
ONE MEMBER A Judge of The High Court;
ONE MEMBER A District Judge of that
State;
TWO MEMBERS Who have a knowledge or
practical experience in
matters relating to Human
Rights;
SECRETARY Chief Executive officer of
the State Commission;

The Chairperson and members of The State Human Rights

Commission are appointed based on the recommendations of a
committee by the Governor. The members of that committee are as
follows: -
• The Speaker of The Legislative Assembly;
• The Legislative Council’s Chairman;
• The Legislative Councils Leader of the Opposition;
• The Legislative Assembly’s Leader of The Opposition;
• The Chief Minister (Chairperson);
• The Home Minister;

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Functions of SHRC: -
The Functions of SHRC are as follows: -
I. SHRC has power to investigate grievances regarding the
violation of Human Rights;
II. It has the power to interfere in any Judicial proceeding involving
any allegation of violation of Human Rights;
III. It can visit any jail or any institution under the control of the
State Government to see the living conditions of the inmates;
IV. It can review the safeguards Provided under the constitution or
any law for the Protection of the Human Rights;
V. It has the powers of Civil Court and can grant interim relief;
VI. It also has the authority to recommend Payment of
compensation or damage;
Conclusion: -
Human Rights are fundamental Rights necessary for a person's growth
as a Human Being. The SHRC Should be able to Provide interim and
immediate relief to the victim.

11)Write a Short Note on Human Rights Court. (8)

Introduction: -
The Protection of "Human Rights" is mainly a Constitutional mandate
of the Judiciary for Protecting the different rights of all the citizens of
India. The role of the "Human Rights courts" is to take proper action
for enforcing the different rights of Indian citizens. In India, the
appropriate Protection of the Human Rights Act 1993 has been
Provided by the establishment of the "Human Rights court". The
Purpose of these kind of courts is to provide a "Speedy Trial" for
arising any offences for not maintaining Human Rights.

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Define Human Rights Court: -
The courts for Protecting the different rights of human being have
Provided the State Government of India with the Proper concurrence
of the Chief Justice of High court. The establishment of Human
Rights Court has specially ensured the quick disposal of Various
cases, that are related to the offences of violating rights of Human
being. So, basically The State Government of India can establish
Human Rights Court by taking Permission as Well as consent from
the Chief Justice of High court.
Establishment and Functions of Human Rights Court in
India: -
Chapter Vi of The Human Rights Protection Act, 1993 comprising of
Section 30 and 31 makes the provisions relating to the creation of
Human Rights Courts in each district. The Setting up a Human Rights
Courts in every district of the Country for the speedy trail of offences
arising out of violation of Human Rights is a novel provision of the
Act. Section 30 of the Act Provides that Human Rights courts may be
set up by the State Government, with the concurrence of Chief Justice
of High courts, by notification, specifying for each district, a Court of
Session to be a Human Rights Court.
For every Human Rights Courts, the State Government in accordance
with Section 31 of the Act shall appoint a Public Prosecutor or an
Advocate who has been in Practice of an advocate for not less than 7
Years for the purpose of conducting cases in the Human Rights
Courts. Such a person Shall be called a Special Public Prosecutor.
It is to be noted that it is not mandatory for the states to create Human
Rights Courts in each and every District as Section 30 of the Act
expressly uses the words the State Government may Set up the courts.
However, in order to provide speedy trial of offences arising out of
violations of Human Rights, it is desirable that states particularly
those where Human Rights violation take place in a large number,
establish such Courts.

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Conclusion: -
It can be concluded that the courts of Human Rights have major
importance as it deals with the different kinds of matters that are
related to the violation of any Rights.

12)Discuss the Role of Indian Judiciary for Protection

and Promotion of Human Rights. (16)
Introduction: -
The Constitution of India guarantees Human Rights of the Individuals
by enumerating specific Provisions. The Constitution empowers the
Indian Judiciary in wide terms of Protect Human Rights. Article 32
empowers the Supreme Court to issue various writs for enforcement
of Fundamental Rights. A Similar Power is conferred on the High
Courts Under Article 226.Thus Indian Judiciary played a crucial role
for Protection and promotion of Human Rights.
Role of Indian Judiciary for Protection and Promotion of
Human Rights: -
Many cases have been delivered by the Hon'ble Supreme Court of
India and also the High Courts. Respective in this regard some
important cases are being mentioned here as under: -
➢ Keshavananda Bharati V. The State of Kerala AIR (1973) SC
1461 case, it states that the Right to Equality is a basic Structure
of The Indian Constitution, which means that neither parliament
nor any State Legislature can compare The Principle of
Equality;
➢ Menka Gandhi V. Union of India AIR (1967) SC 1643 the
Supreme Court states that the origin of the Human Right is
Freedom of Movement;
➢ Neelbati Behra V. The State of Orissa AIR (1993) SC 1960
case Supreme Court clearly states that Article 5(9) of the

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 ICCPR 1960 with under Article 21 of the Indian Constitution
has been applied.
➢ D.K. Basu V. The State of West Bengal AIR (1997) SC 610
case Supreme Court provides protection to the Arrested Person
from Police Torture, Custodial Death and other related things.
➢ Shayara Bano V. Union of India (2009) 9 SCC 1 Popularly
known as ‘Tripple Talaq Case’ Hon’ble Supreme Court held
that the Practice of Triple Talak was unconstitutional.
➢ Indian Young Lawyers Association v State of Kerala SC
(2018) Popularly known of "Sabarimala Temple case" SC
delivered a Judgement in which it held that, the Customary
Practice of not allowing Women in their menstruating age
between 10 to 50 to enter the Sabarimala Temple Violated their
Right to Religion under Article 25 and Right to Equality Under
Article 14.
➢ Navtej Singh Johar v. Union of India AIR (2018) SC 4321
Popularly known of "Struck down 377 ease" case, Supreme
Court Struck down Section 377 of The Indian Penal Code 1860
which made homosexual intercourse between two consenting
adults a Punishable Chime.
➢ Joseph Shrine v Union of India (2018) SC case Popularly
known of "Struck Down Section 497 of The I.P.C.” case, the
Supreme Court Struck down on the grounds that its violated
Articles 14, 15 and 21 of the Indian constitution.
➢ K. S. Puttuaswamy V. Union of India AIR (2017) SC 4161
popularly known as "Right to Privacy Verdict” the SC
unanimously held that, Right to Privacy is a fundamental Right
and on extension of the Right to Life.
Conclusion: -
Apart from this there have several other 19 Judgements of the courts
where the courts have secured the Human Rights of different
Sections. In most cases, The Hon’ble Supreme Court recognizes one
or the other Human Rights of Part of our Fundamental Rights.

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13)Discuss the Role of Public Interest Litigation (PIL)
for Protection and Promotion of Human Rights. (16)
Introduction: -
Public Interest Litigation (PIL) is a legal mechanism that allows
individuals or Groups to approach the court on behalf of the public
Interest. In India, PIL had been an effective tool in addressing issue of
Social Justice and Protecting Human Rights. Public Interest Litigation
and Human Rights are closely related as PIL is a legal tool that is
often used to promote and Protect Human Rights.
Define Public Interest Litigation: -
PIL is a type of a Litigation that is filed in the interest of the public,
usually by group or an individual acting on behalf of a larger Public
Interest. It is a legal mechanism that enable individuals and groups
who do not have direct access to the court system to seek legal
remedies for violating of their rights or rights of others.
PIL in India is originated in the 1970s when the Supreme court of
India introduced the concept of "Suo moto Jurisdiction’. This allowed
the count to take cognizance of matters of Public Interest without a
formal Petition. The concept was later expanded to allow Public-
Spirited individuals to file PILs on behalf of the Public Interest.
The Process by Which PIL Protected Human Rights: -
According to Justice, PIL Provides access to Justice for marginalized
Communities and Individuals who are unable to afford legal
representation. It empowers them to Seek legal remedies for Human
Rights violation.
I. Raising Awareness: -
PIL brings attention to Human Rights violation that may otherwise
go unnoticed. It raises awarenesses about such violations and puts
Pressure on the Government to take action to address them.
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 II. Judicial Activism: -
PIL has led to Judicial Activism in India, which means that the
courts have become more Proactive in addressing Human Rights
violation. This has resulted in landmark Judgements and decision
that have had a significant impact on Society.
III. Protection of Marginalized Communities: -
PIL has been used to protect the rights of marginalized
communities in India, including women, children and members of
the LGBTQ+ Community. It has been instrumental in bringing
about social change and ensuring Justice for all.
IV. Enforcement of Laws: -
PIL has been used to enforce laws and Policies that protect Human
Rights. For example, PIL has been used to ensure that Government
Implement laws related to Environmental Protection, Child labour
and Women's Rights.
V. Compensation & Rehabilitation: -
PIL has been used to secure compensation and rehabilitation for
victims of Human Rights Violation. This includes Compensation
for Victims of Police brutality, forced evictions, and other forms of
Human Rights violation.
Conclusion: -
PIL has been on essential tool in Protecting Human Rights in India It
has enabled individuals and groups to seek Justice for the
marginalized and under Privileged and has led to significant legal
reforms. However, to ensure its continued effectiveness, it is a crucial
to address the Challenges faced by PIL and implement Proper
guidelines for its filling and regulations.

14)Discuss the Relationship between Human Rights &

Indian Constitution. (16)
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Introduction: -
Fundamental Rights are the “Basic Structure” of The Indian
Constitution. All Fundamental Rights come under the ambit of
Human Rights, but all Human Rights may not fall under this category
of the Fundamental Rights. The only difference between these two
is ‘Fundamental Right has legal enforceability in court of law
while Human Rights may or may not”. So, all the Rights which are
discussed under Part III of The Constitution of India shall be fall
under the category of Human Rights. Along with Part III some more
principles given under Part IV of The Constitution of India may
also fall under this category of Human Rights.
There are various Rights defined under some international
conventions like UDHR, ICCPR, ICESCR and so on. If we compare
these conventions from the Constitution of India, we might find most
of the rights were discussed there.
International Bill of Human Rights & Indian Constitution: -
The UDHR was adopted in 1948 and later two international
covenants were adopted in 1966s codifying the two sets of rights
outlined in Universal Declaration. ICCPR and the ICESCR entered
into force 1976. The two covenants along with UDHR comprises the
International Bill of Rights, i.e.,
INTERNATIONAL BILL OF HUMAN RIGHTS

UNIVERSAL DECLARATION OF HUMAN RIGHTS

INTERNATIONAL COVENANT ON INTERNATIONAL COVENANT ON

CIVIL AND POLITICAL RIGHTS ECONOMIC, SOCIAL & CULTURAL RIGHTS

34 | Page
Thus, International Bill of Human Rights is a collective term
applied to Six major international instruments. Although, there are
Several rights which can be recognized in the International Bill of
Human Rights as well as in the Constitution of India. Hence, these
Rights need to be discussed Prior to the elaboration of the relationship
between Human Rights and The Indian Constitution.
i. Equality Before Law: -
Article 14 of The Indian constitution consists of two Parts-Equal
Protection of Law & Equality Before the law. Equality Before Law
means no individual should be given any Special Preference by the
State.
The UDHR discuss Equality Before Law under Article 7.
ICCPR also deals this matter under Article 14(1) & ICESCR
defined the term under Article 3.

ii. Prohibition Against Discrimination: -

Article 15 (1) of The Indian constitution Prohibits the state from
discrimination against any individual or Group of Individuals. UDHR
also discuss the term Prohibition Against Discrimination under
Article.
UDHR is also discuss the term Prohibition Against Discrimination
under Article 7.
ICESCR is also discuss this matter under Article 26.
iii. Freedom of Speech & Expression: -
Article 19(1) (a) of The Indian Constitution States that Everyone
has the Right to Express own ideas, thoughts, expressions freely
through Writing, Printing, Pictures, Spoken words or any other
modes.

35 | Page
UDHR also discussed the term Freedom of Speech and Expression
under Article 19.
ICCPR also discussed the term Freedom of Speech and Expression
under Article 19(1)(2).
iv. Protection of Life & Personal Liberty: -
Article 21 of The Indian constitution States that, No Person shall be
deprived of his life of Personal liberty except to Procedure established
by Law.
UDHR discussed this Rights under Article 3.
ICCPR gives the Right to Protection & Personal liberty Under
Article 6(1) & 9(1).

v. Protection Against Slavery & Forced Labour: -

Article 23 (1) of The Indian constitution Prohibits traffic in human
beings, beggar (forced labour) and other similar forms of forced
labour.
UDHR also discuss this term under Article 4.
ICCPR also discussed this Right under Article 8(3).
vi. Freedom of Religion: -
Article 25 of The Constitution of India reflects the spirit of
Secularism and recognized freedom of religion to everyone.
UDHR permits Freedom of Religion under Article 18.
ICCPR also discussed the term under Article 18(1).
vii. Remedy for Enforcement Right: -
Article 32 of The Indian constitution Provides the Constitutional
remedies under which one can move the Supreme Court for the
enforcement of the Fundamental Rights.
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 UDHR also recognized this Rights under Article 8.
viii. Right to Work, Just & Favorable Conditions of Work: -
Article 41 of The Indian constitution States that the state shall with
the limits of its economic capacity and development make effective
Provision for Securing the Right To work.
UDHR also recognized this Right under Article 23(4).
ICESCR also recognized this Rights under Article 6(1), 7.
ix. Right to Equal Pay for Equal Work: -
Article 39 (d) of The Indian Constitution promotes Equal Pay for
Equal Work for every citizen.
UDHR also recognized this Rights Under Article 23 (2).
ICESCR also recognized this Right under Article 7.
x. Right to Education: -
Article 21 A of Indian constitution making elementary education a
Fundamental Rights of all Children between the age group of 6-14
Years. Article 41,45, 51 A(K) also Permit this Right.
UDHR recognized Right to Education for Every Human Being under
Article 26(4).
ICCPR recognized Right to Education under Article 26(1).
ICESCR Permits this Rights under Article 13.
xi. Adequate Food, Shelter, clothing, freedom from Hunger: -
Article 21 of The Indian constitution States that adequate Food,
Shelter, clothing theedom for hunger is also are fundamental Right of
every citizen.
ICESER recognized this Right under Article 11.
Nature of UDHR ICCPR ICESCR INDIAN
Rights CONSTITUTION
Equality 7 14(1) 3 14;

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 Before Law
Prohibition 7 26 15(a);
Against
Discrimination
Freedom of 19 19(1), 19(a);
Speech & 19(2)
Expression
Protection of 3 6(1); 21;
Life & 9(1)
Personal
Liberty
Protection 4 8(3) 23;
Against
Slavery &
Forced
Labour
Freedom of 18 18(1) 25(1);
Religion
Remedy For 8 32;
Enforcement
Right
Right to 23(1) 6(1), 7 41;
Work, just,
favorable &
conditions of
work
Right to Equal 23(2) 7 39(d);
Pay for Equal
Work
Right to 26(1) 26(1) 13 21A,41,45, 51(A)
Education (k);
Adequate 11 21
Food, Shelter,
clothing
Freedom from
Hunger

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Conclusion: -
Human Rights are the basic rights which form the essential Part of
his/her development as human being. Constitution acts as a Protector
of those basic rights as Fundamental Rights and DPSPs. More
emphasis has been to the fundamental Rights and they are directly
enforceable in the court of law. From a deep Study of the Part III and
Part IV of the Indian Constitution, it is really evident that, almost all
of the rights Provided in UDHR are covered in these two parts.

15). Compare and Contrast Between ICCPR & ICESCR

(16)
Introduction: -
International Covenant on Civil and Political Rights (ICCPR)
came into force on 23rd of March 1976, and the objective of ICCPR is
to ensure that every individual is entitled to enjoy their rights from the
civil and political aspects. There are 74 countries which sign ICCPR
and there are 168 countries are members of ICCPR. There is a total
of 27 articles under ICCPR. Meanwhile, International Covenant
on Economic, Social and Cultural Rights (ICESCR) came into
force on 3rd January 1976, the objective of ICESCR is to ensure that
every individual is entitled to enjoy their rights from the economic,
social, and cultural aspects. There are 71 countries which sign
ICESCR, while 170 countries are parties of ICESCR. There are a
total 31 articles under ICESCR. Universal Declaration of Human
Rights and the twin covenants are recognized as International Bill of
Rights.

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Differences Between ICCPR & ICESCR: -
There have several differences between two; some of them are as
follows: -
1. The first difference between the twin covenants is, Generation
of Rights. ICCPR deals with first generation right. First
generation human rights are also known as blue rights, which
focus mainly on rights of an individual to have liberty and
freedom to participate in political life. Hence, first generation
rights are based on political and civil nature. First Generation
includes, Right to Life (under Art 6 of ICCPR), Right to
Equality (under Art 3 of ICCPR), Freedom of Speech (under
Art 19 of ICCPR), Freedom of Religion (Under Art 18 of
ICCPR), Right to Fair Trial (Under Art 14 of ICCPR) and
Freedom to Vote (Under Art 25 of ICCPR).
Meanwhile, ICESCR deals with Second Generation Right.
Second Generation Rights came into light when Government
started to recognize such rights after World War I. Unlike First
Generation Rights, Second Generation Rights are based on
economic, social, and cultural nature. Hence, Second Generation
Rights, include Right to Work under just and safe Environment
(Under Art 7 of ICESCR), Right to Health Care (Under Art 12
of ICESCR), Right to Education (Under Art 13 of ICESCR),
Right to Adequate Food, Housing and Clothing (Under Art 11 of
ICESCR).
2. The Second difference between the twin covenants is
Negative and Positive obligations. Rights spelt out under
ICCPR are built on Negative Obligations. This can be seen in
Penal Code which defines types of offences and prohibit
individual from committing such offence by providing
sanctions. Similarly, ICCPR also defines first generation right
that are given to individuals and prohibits States from infringing
such rights. As an illustration, Art 6 of ICCPR defines what is
Right to Life and prohibits state from infringing Right to Life by
imposing Death Penalty.
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 In contrast, Rights under ICESCR are built on positive
obligations. This is because it imposes obligations on
Government to secure such rights by launching certain programs
to improve citizens economic, social, and cultural conditions.
For instance, Government has positive obligation in using their
resources to pay salaries to public school teachers, to ensure that
Right to Education under Art 13 of ICESCR is protected.
3. The third difference between the twin covenants can be seen
in terms of Judicial Remedies. Under ICCPR, an individual
can claim for judicial remedies, if they succeed improving their
civil and political rights are infringed by the State. They can
claim the judicial remedies under Central Human Rights
Commission, Human Right Court, State Human Right
Commission.
In contrary, ICESCR did not give individual the right to
claim for judicial remedies and the court did not have power to
order State to implement provisions under Part IV of ICESCR.
4. The Fourth difference between ICCPR and ICESCR can be
seen in terms of obligations of State under the covenants.
Under ICCPR, civil and political rights had immediate binding
obligations on the State. This can be supported when Art 2(1) of
ICCPR states that each state party must have immediate duty to
“respect and ensure” the rights laid down in ICCPR. This can be
implied that wording used by ICCPR is more direct and had
urgent and binding effect to urge state party to recognize such
rights and to ensure that the rights under ICCPR are not being
deprived.
In contrary, under ICESCR, economic, social, and cultural
rights had progressive obligations on the State. This can be
supported when Article 2(1) of the ICESCR provides that state
party will use their maximum available resources progressively
to enforcing the rights. This can be implied that wording used by
ICESCR is not urgent because states are being suggested to take
progressive actions to secure rights under ICESCR.

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 5. Fifth, the difference between ICCPR and ICESCR is cost
required to implement these twin covenants. Under ICCPR,
implementation of civil and political rights is said to be cost
free. This is because Government need not use many resources
to implement ICCPR, hence it can cause state to have an easier
task to uphold civil and political rights.
Meanwhile, under ICESCR, the implementation of economic,
political, and social rights was viewed as expensive and
government need to allocate greater number of budgets to
implement such rights.
6. Last, under ICCPR, the words used to outline the civil and
political rights are clear and well defined. Hence, the
international community had found that implementation of civil
and political rights is easier.
However, under ICESCR, the words used to outline the
economic, social, and cultural right are vague and ambiguous.
Hence, this led to State party are not able to fully comprehend
the extent of their obligations under ICESCR.
Conclusion: -
In Conclusion, even though ICCPR & ICESCR are different, they are
still important to protect an individual’s Civil, Political, Social,
Economic, & Cultural Rights. Therefore, most countries are
encouraged to ratify the twin covenants to ensure that their citizens
are entitled to such rights under ICCPR & ICESCR.

16). Discuss The History and Development of Human

Rights (10)
Introduction: -
The history of human rights covers thousands of years and draws
upon religious, cultural, philosophical and legal developments
throughout the recorded history. It seems that the concept of human

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rights is as old as the civilization. This is evident from the fact that
almost at all stages of mankind there have been a human rights
documents in one form or the other in existence. Several ancient
documents and later religious and philosophies included a variety of
concepts that may be considered to be human rights. Notable among
such documents are the Edicts of Ashoka issued by Ashoka the Great
of India between 272-231 BC and the Constitution of Medina of 622
AD, drafted by Muhammad to mark a formal agreement between all
of the significant tribes and families of Yathrib (later known as
Medina). However, the idea for the protection of human rights grew
after the tragic experiences of the two world wars. Prior to the world
war, there was not much codification done either at the national or the
international levels for the protection and implementation of human
rights.
This answer seeks to analyses the concept and approaches of human
rights and its development even before the Greek times. In this regard,
the period has been classified as pre world wars and post war eras.
The latter has been further divided into normative foundation,
institution building and stage of implementation. Several important
documents like Magna Carta, French Declaration of the Rights of
Man, UDHR, ICCPR etc. and a brief discussion of various approaches
to human rights have been mentioned.
Define Human Rights: -
Human rights are the rights a person has simply because he or she is a
human being. Human rights are held by all persons equally,
universally, and forever. “All human beings are born free and equal in
dignity and rights. They are endowed with reason and conscience and
should act towards one another in a spirit of brotherhood.”
Different counties ensure these rights in different way. In India they
are contained in the Constitution as fundamental rights, i.e. they are
guaranteed statutorily. In the UK they are available through
precedence, various elements having been laid down by the courts

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through case law. In addition, international law and conventions also
provide certain safeguards.
Human Rights in Pre- world War era: -
The roots for the protection of the rights of a man may be traced as far
back as in the Babylonian Laws. The development of human rights
may be divided into the following periods prior to the two world
wars:
• Prior to Greek Period – One of the first examples of a
codification of laws that contain references to individual rights
is the tablet of Hammurabi. The tablet was created by the
Sumerian king Hammurabi about 4000 years ago. While
considered barbaric by today's standards, the system of 282 laws
created a precedent for a legal system. This kind of precedent
and legally binding document protects the people from arbitrary
prosecution and punishment. The problems with Hammurabi's
code were mostly due to its cause-and-effect nature, it held no
protection on more abstract ideas such as race, religion, beliefs,
and individual freedoms.
• Greek Period – It was in ancient Greece where the concept of
human rights began to take a greater meaning than the
prevention of arbitrary persecution. Greeks were the first
profounder of natural law principles. They gave a conception of
universal law for all mankind under which all men are equal and
which is binding on all people. Human rights became
synonymous with natural rights, rights that spring from natural
law.
• Roman Period – This idea of natural rights continued in
ancient Rome, where the Roman jurist Ulpian believed that
natural rights belonged to every person, whether they were a
Roman citizen or not. They classified the law of Rome into
three broad categories namely; Jus Civile, Jus Gentium and
Jus Naturale. The first two were the law of the land based on

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 the third concept (Jus Naturale) which embody the principles
of natural law, though not enforceable in the court directly.
• Medieval Age – Human Rights were further promoted in the
form of natural law in the Middle Ages. It was St. Thomas
Aquinas who made a classic attempt to harmonise the
teachings of the Church with those of natural laws. He
distinguished between four kinds of law in his “Summa
Theology”. He observed that the law of nature is the
discovery of eternal law through reason and reason is the
manifestation of religion.
• Social Contractualist – The next fundamental philosophy of
human rights arose from the idea of positive law. Thomas
Hobbes (1588-1679) saw natural law as being very vague and
hollow and too open to vast differences of interpretation.
John Locke has often been seen as the seminal figure of the
development of human rights thinking. He claimed that every
man had a right to life, liberty and property. These ideas were
based on the idea of rational, equal men and the natural rights
provided by God. Governments that continuously violated
these rights became tyrannies and lost their legitimacy to rule.
The Lockean principles became to fuel the revolutions of the
century to come.
• British Magna Carta (1215) - The English Magna Carta of
1215 granted by King John is very much significant in the
development of human rights. The overreaching theme of
Magna Carta was protection against arbitrary acts by the
King. Land and Property could no longer be seized, judges
had to know and respect laws, taxes could not be imposed
without common council. The Carta also introduced the
concept of jury trial in Clause 39, which protect against
arbitrary arrest and imprisonment. Thus, Carta set forth the
principle that the power of king was not absolute. The Carta
was later converted to Bill of Rights in 1689.

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 • French Declaration of the Rights of Man (1789) - The
representatives of the French people, organized as a National
Assembly, believing that the ignorance, neglect, or contempt
of the rights of man are the sole cause of public calamities
and of the corruption of governments, have determined to set
forth in a solemn declaration the natural, unalienable, and
sacred rights of man, in order that this declaration, being
constantly before all the members of the Social body, shall
remind them continually of their rights and duties
Human Rights in Post- world War era: -
The idea of human rights emerged stronger after World War II. The
extermination by Nazi Germany of over six million Jews, Sinti and
Romani (gypsies), homosexuals, and persons with disabilities
horrified the world. Trials were held in Nuremberg and Tokyo after
World War II, and officials from the defeated countries were punished
for committing war crimes, "crimes against peace," and "crimes
against humanity." Neither unilateralism nor scientific positivism, the
philosophies that had undermined the natural rights concept, could
address the problems. The dominant political paradigm, realism,
could not find national interest violated. The language of human
rights seemed more appropriate. After the war, the Nuremberg War
Crimes Tribunal introduces the subject of gross human rights
violations to the international relations. The individual German
soldiers were charged of crimes against humanity. The revival of the
concept of human rights can thus be seen as a reaction to the horrors
of the War. During the next decades, human right movement saw three
waves of activism, which can be divided into three phases:
• Normative Foundation – The first wave got its momentum
from the horrors of the World War II. In the aftermath of the
war, the United Nations Charter included promotion of
respect for human rights and fundamental freedoms among
the principal purposes of the organization. The UN moved
quickly to formulate international human rights norms. In

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 1948 the Assembly adopted the Universal Declaration of
Human Rights (UDHR).
• Institution Building – The 2nd stage in the evolution of
international human rights law began in the late 1960s and
continued for 15 to 20 years. The second wave of activism
was influenced by the newly independent states of Africa and
Asia. There were some important conventions and covenants
established during the decade: Together with the Declaration
the Covenants form the essential written core of international
human rights norms. These apart, during this period, two
distinct developments took place within the UNs framework.
The first focussed on the nature of human rights obligation
which article 55 and 56 created for the member States. The
phrase “to promote” was somewhat vague but the vagueness
was removed by the adoption of ECOSOC resolutions. With
the goal of establishing mechanisms for enforcing the UDHR,
the UN Commission on Human Rights proceeded to draft two
treaties: the International Covenant on Civil and Political
Rights (ICCPR) and its optional Protocol and the
International Covenant on Economic, Social and Cultural
Rights (ICESCR). Together with the Universal Declaration,
they are commonly referred to as the International Bill of
Human Rights.
• Implementation and the Post Cold War Period – Although
the latter half of the 20th century saw a rapid development of
human rights norms-setting in international venues, the
political agenda of the Cold War did not favour the issue. The
human rights issues remained highly polarized and
politicized, as the East and West had countering opinions and
the South its own views. The third wave was triggered by the
revulsion against the overthrow of the Allende government in
Chile in 1973, the fact that Covenants of 1966 entered into
force and the beginning of the Carter presidency in the US. In
the 1970's the US foreign aid was linked to the human rights
performance of the recipients. The middle of the 1970's saw
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 also the rise of the human rights non-governmental
organizations such as Amnesty International. The end of Cold
War freed many nations in Europe from communist rule
permitting them to embark on a process of democratic
transformation. The end of the Cold War and its effect on
human rights is reflected in part in the text of 1993 Vienna
Declaration and Programme of Action adopted at the World
Conference on human rights held in Vienna in June, 1993.
Conclusion: -
Human rights are fundamental to the stability and development
of countries all around the world. Great emphasis has been
placed on international conventions and their implementation in
order to ensure adherence to a universal standard of
acceptability. With the advent of globalization and the
introduction of new technology, these principles gain
importance not only in protecting human beings from the ill-
effects of change but also in ensuring that all are allowed a share
of the benefits. The impact of several changes in the world today
on human rights has been both negative and positive. In
particular, the risks posed by advancements in science and
technology may severely hinder the implementation of human
rights if not handled carefully. In the field of biotechnology and
medicine especially there is strong need for human rights to be
absorbed into ethical codes and for all professionals to ensure
that basic human dignity is protected under all circumstances.
For instance, with the possibility of transplanting organs from
both the living and dead, a number of issues arise such as
consent to donation, the definition of death to prevent premature
harvesting, an equal chance at transplantation etc

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16). Discuss The Relationship Between Human Rights
& Indian Constitution (10)
Introduction: -
For all human beings living in existence, the rights are necessary for
their economic development and prosperity and harmonious living
with other neighbourhoods in the world. The three main rights
available to the citizens of a country are – Human Rights,
Fundamental Rights, and Legal Rights. Human Rights pertain to the
rights through which an individual can enjoy a just, fair, and free life
whereas Fundamental Rights are unique to any country which
supports the democracy of a country. Legal rights, on the other
hand, are those bestowed onto a person by acts and are statutory in
nature and they can be repealed by another act subject to approval by
parliament. All the human rights which are available are of indivisible
nature whether they are civil rights or political rights. Human rights
entail both rights and obligations. States assume the obligation and
duties under international law to respect, protect, and fulfil human
rights. Here, now we are trying to make a relationship between
Human Rights & Fundamental Rights.
Define Human Rights: -
The importance of human rights which are mentioned in the
Constitution of India is that every person has the right to enjoy his
own mental and physical aspects. The concept of human rights is
based on the principle of human solidarity, non-violence, and the
mental respect of all the rights given by the Constitution of India. The
universal rights that any human being should possess are human
rights. In the UDHR, the United Nations describes human rights as
the “rights inherent to all human beings, regardless of race, sex,
nationality, ethnicity, language, religion, or any other status. Human
rights include the right to life and liberty, freedom from slavery and
torture, freedom of opinion and expression, the right to work and
education, and many more. Everyone is entitled to these rights,
without discrimination.”

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Some universal human rights include:

• The right to education and to reap the rewards of freedom of

culture and of scientific advancement.
• The freedom to operate in equal and favourable terms.
• The right to social security, to an acceptable standard of
living, and to the best attainable physical and mental well-
being levels, etc.
Human rights, thus, are those which, considering their nationality,
faith, age, race, are intrinsic to all human beings.

Define Fundamental Rights: -

For a fundamental right to exist there must be human rights.
Fundamental rights are those rights that are provided by some
countries to their citizens to enjoy. These rights have a legal sanction.
These rights can also be challenged in a court of law. Fundamental
rights are equal to human rights but there is a small line of difference
between both fundamental rights and human rights. The basic
difference is that the fundamental rights have legal sanctity and they
can be challenged in a court of law in case of violation but human
rights are not recognized by the law so they can’t be challenged in a
court of law. The basic human rights enshrined in the Constitution of
India, which are granted to all people, are fundamental rights. They
are enforced on the grounds of ethnicity, faith, gender, etc. without
prejudice. Significantly, fundamental rights are enforceable by the
courts, subject to certain conditions.

Following are the six fundamental rights of the Indian Constitution:

• Right to Equality (Article 14-18)

• Right to Freedom (Article 19-22)
• Right against Exploitation (Article 23-24)
• Right to Freedom of Religion (Article 25-28)
• Cultural and Educational Rights (Article 29-30)
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 • Right to Constitutional Remedies (Article 32)

Relationship Between Human Rights & Fundamental

Rights: -
The basic relation between Human Rights & Fundamental
Rights are as follows: -

1. Fundamental rights are the rights of a country’s citizens that

are stated in the constitution and enforced by the law.
Human rights, on the other hand, are the safeguards that a
human being seeks in order to live in dignity and equality.
2. Fundamental rights only include certain rights that are
fundamental to a normal existence.
Human rights, on the opposite, include certain rights that are
fundamental to real life and that are unconditional, i.e. that
cannot be excluded.

3. Fundamental Rights are nation-specific, i.e. these rights may

differ from country to country.
There is a worldwide recognition of Human Rights, which
ensures that these rights are enjoyed by all individuals.
4. Within the country’s Constitution, Constitutional Rights are
guaranteed. all Constitutional Rights are enforceable by Court of
Justice.
Human Rights are recognized internationally. All Human
Rights are enforceable by United Nations Organization.

Conclusion: -
In an emergency situation, these privileges are forbidden by the
Presidents of India, and these rights are given without implication or
expense of privilege to all persons that come under the authority of
the Constitution. Basically, these are the rights that are granted
without restrictions to all people according to the country’s legal
structure. In the certain determination of borders, the resident of the
country possesses these protections and liberties. Human Rights are

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the rights that can be had by all global men and women. Fundamental
rights are rights and independence as part of the constitution,
guaranteed by the Indian Constitution, recommended by the
Government of India and the Indian Parliament, passed by its people.
These are the most fundamental rights that shield an individual from
other people’s inhuman actions. There are many rights that are
generally recognized as basic and necessary for the fulfilment of
physical, mental, and emotional security needs. Thus, for the life of a
human being on this planet, these protections are more beneficial.

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