Dr. N.G.P.

ARTS AND SCIENCE COLLEGE

Coimbatore – 641 048 | Tamil Nadu | India

HUMAN RIGHTS AND WOMEN’S RIGHTS

UNIT - I

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COIMBATORE | INDIA
 Introduction to Human rights

Meaning

Human rights are rights inherent to all human beings, regardless of race, sex,
nationality,ethnicity, language, religion, or any other status

Definition
In terms of Section 2 of the Protection of Human Rights Act, 1993
(hereafter referred to as'the Act'), "human rights" means the rights relating to life, liberty,
equality and dignity of the individual guaranteed under the Constitution or embodied in the
International Covenants and enforceable by courts in India.

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COIMBATORE | INDIA
 Nature of Human Rights

• These rights are essential and fundamental

• Human rights are universal
• Not absolute
• Inalienable
1.They cannot be rightfully taken away
2.They cannot be given away or beforfeited
•Interdependent
•Dynamic
•Irrevocable
•Connected with dignity
•Human rights are inherent

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COIMBATORE | INDIA
 Legitimacy of Human Rights
 The fact that the content of human rights has been broadly defined should not be taken to
imply that the three generations of rights are equally accepted by everyone.
 First-generation proponents, for example, are inclined to exclude second-and third-
generation rights from their definition of human rights altogether or, at best, to regard them
as "derivative.”
 In part this is because of the complexities involved in putting these rights into operation.
The suggestion that first-generation rights are more feasible than other generations because
they stress the absence over the presence of government is somehow transformed into a
prerequisite of a comprehensive definition of human rights.

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COIMBATORE | INDIA
 Legitimacy of Human Rights

 Conversely, second- and third-generation defenders often look upon first-generation

rights, atleast as commonly practiced, as insufficiently attentive to material—
especially “basic”—human needs and, indeed, as being instruments in service to unjust
social orders, henceconstituting a “bourgeois illusion.”
 This liberty-equality and individualist-collectivist debate was especially evident during
theperiod of the Cold War, reflecting the extreme tensions that then existed between
liberal andHegelian-Marxist conceptions of sovereign public order.

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COIMBATORE | INDIA
 History and Development of Human Rights in India
The history and development of human rights in India can be divided into three stages Ancient, Medieval and
Modern.

Human Rights in Ancient India

• The concept of human rights is no talien toIndian politicalt hinkers and philosophers. The concept is as old as
ancient civilization.
• In ancient India, law was based on the principle of Dharma. The Epics Ramayana and Mahabharata make us
learn that Dharma was ordained for the advancement to fall creatures as well as restraining creatures from
injuring one another.
• The righteousness has been described as the essence of Dharma in The Bhagwad Geeta. The Upanishads speak
of Dharma as the foundation of whole universe. The Vedas and Smritis talk about the concept of Vasudhaiv
Kutumbakam(the whole world as one family). All the four Vedas insist one quality and dignity for humans.
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COIMBATORE | INDIA
Human Rights in Medieval India
• The Medieval period signifies the Muslim era in India. The Pre-Mughal period saw the existence
of social, political, cultural, religious rights. But with the advent of Mughals, the concept of human rights
got lost in the dark. But Akbar's period (1526-1605) showed that the great regard was given to the social,
religious and political rights.

Human Rights in Modern India

• The British rule in India can be seen in the Modern period. During this period, the British Government of
India had not only deprived the Indian people of their freedom but had based itself on the exploitation of
the masses, and ruined India economically, politically, culturally and spiritually.
• The Magna Carta, or “Great Charter,” was arguably the most significant early influence on the extensive
historical process that led to the rule of constitutional law today in the English-speaking world.
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COIMBATORE | INDIA
Human rights: what will the future look like?

 The UDHR, the International Covenants, and other documents serve as the corner stones of

human rights, but human rights should not be limited to documents. The world is changing

due to technology, climate change,andscientific developments.

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COIMBATORE | INDIA
 Unit II
Fundamental Rights

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COIMBATORE | INDIA
What are the Fundamental Rights?
Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all
citizens. They are applied without discrimination on the basis of race, religion, gender, etc. Significantly,
fundamental rights are enforceable by the courts, subject to certain conditions.
Six Fundamental Rights(Articles12to 35)
1.Right toEquality(Articles14–18)
 Right to equality guarantees equal rights for everyone, irrespective of religion, gender, caste,race or place of
birth.

2.Right toFreedom(Articles19–22)
 Freedom is one of the most important ideals cherished by any democratic society. The
IndianConstitutionguaranteesfreedomtocitizens.Thefreedomrightincludesmanyrightssuchas:
• Freedom of speech
• Freedom of expression
• Freedom of assembly without arms
• Freedom of association
• Freedom to practice any profession
• Freedom to reside in any part of the country
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COIMBATORE | INDIA
WhataretheFundamentalRights?
3.Right against Exploitation (Articles23–24)

 This right implies the prohibition of traffic in human beings,, begar and other forms of forced labor. It also
implies the prohibition of children in factories, etc.
 TheConstitutionprohibitstheemploymentofchildrenunder14yearsinhazardousconditions.

4.Right to Freedom of Religion (Articles25–28)

 This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is
freedom of conscience, profession, practice and propagation of religion.

5.Cultural and Educational Rights(Articles29–30)

 These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve
their heritage and culture. Educational rights are for ensuring education for everyone without any
discrimination.

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COIMBATORE | INDIA
What are the Fundamental Rights?
6. Right to Constitutional Remedies(32– 35)

The Constitution guarantees remedies if citizens’ fundamental rights are violated. When these rights are
violated, the aggrieved party can approach the courts. Citizens can even go directly to the Supreme Court which
can issue writs for enforcing fundamental rights.

Right to Life and liberty

AccordingtoArticle21:
“Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except
according to procedure established by law.”
•This fundamental right is available to every person, citizens and foreigners alike.
•Article21provides two rights:
• Right to life
• Right to personal liberty
•The fundamental right provided by Article 21 is one of the most important rights that the
Constitution guarantees.
•The Supreme Court of India has described this right as the ‘heart of fundamental rights’.
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COIMBATORE | INDIA
 Right to Life and liberty

The right specifically mentions that no person shall be deprived of life and liberty except as per the procedure

established by law.

• Any private individual encroaching on these rights of another individual does not amount to a violation of

Article 21. The remedy for the victim, in this case, would be under Article226 or under general law.

• The right to life is not just about the right to survive. It also entails being able to live a complete life of

dignity and meaning.

• The chief goal of Article21is that when the right to life or liberty of a person is taken away by the State, it

should only be according to the prescribed procedure of law.

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COIMBATORE | INDIA
RighttoLifeandliberty
The Court gave a list of rights
• Right to privacy
• Right to go abroad
• Right to shelter
• Right against solitary confinement
• Right to social justice and economic empowerment
• Right against hand cuffing
• Right against custodial death
• Right against delayed execution
• Doctors’ assistance
• Right against public changing
• Protection of cultural heritage
• Right to pollution-free water and air
• Right of every child to a full development
• Right to health and medical aid
• Right to education
• Protection of under-trials
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COIMBATORE | INDIA
Directive Principles of State Policy(DPSP)
Introduction
• Background: The source of the concept of Directive Principles of State Policy(DPSP)is the Spanish
Constitution from which it came in the Irish Constitution.
o The concept of DPSP emerged fromArticle45 of the Irish Constitution.

• Constitutional Provisions: Part IV of the Constitution of India(Article36–51)

Contains the Directive Principles of State Policy (DPSP).
o Article37 of the Indian Constitution States about the application of the Directive Principles.
• These principles aim at ensuring socioeconomic justice to the people and establishing
India as a Welfare State.

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COIMBATORE | INDIA
Fundamental Rights Vs DPSP
• Unlike the Fundamental Rights (FRs), the scope of DPSP is limitless and it protects the rights of a citizen and
work at a macro level.
o DPSP consists of all the ideals which the State should follow and keep in mind while formulating
policies and enacting laws for the country.
• Directive Principles are affirmative directions on the other hand, Fundamental Rights are negative or
prohibitive in nature because they put limitations on the State.
• The DPSP is not enforceable by law; it is non-justiciable.
• It is important to note that DPSP and FRs go hand in hand.
o DPSP is not subordinate to FRs.

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COIMBATORE | INDIA
 Classification of Principles
The Directive Principles are classified on the basis of the irideological source and objectives. These are
Directives based on:
• Socialist Principles
• Gandhian Principles
• Liberal and Intellectual

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COIMBATORE | INDIA
 Directives based on Socialist Principles
Article 38: The State shall strive to promote the welfare of the people by securing and protecting a social order
by ensuring social, economic and political justice and by minimizing inequalities in income, status, facilities and
opportunities

Articles39:The State shall in particular, direct its policies towards securing:

o Right to an adequate mean so livelihood to all the citizens.
o The ownership and control of material resources shall be organized in a manner to serve the common good.
o The State shall avoid concentration of wealth in a few hands.
o Equal pay for equal work for both men and women.
o The protection of the strength and health of the workers.
o Childhood and youth shall not be exploited.

Article41:To secure the right to work, to education and to public assistance incases of unemployment, old age,
sickness and disability.

Article42:The State shall make provisions for securing just and human reconditions of work and for maternity
relief.
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COIMBATORE | INDIA
 Directives based on Socialist Principles
Article43:The State shall Endeavour to secure to all worker saliving wage and adecent standard of life.

o Article43A:The State shall take steps to secure the participation of workers in the management of industries.

Article47:To raise the level of nutrition and the standard of living of people and to improve public health

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COIMBATORE | INDIA
 Directives based on Gandhian Principles

Article 40: The State shall take steps to organize village panchayats as units of Self Government

Article 43: The State shall Endeavour to promote cottage industries on an individual or cooperative basis in rural
areas.
o Article43B:To promote voluntary formation, autonomous functioning, democratic control and professional
management of cooperative societies.

Article 46: The State shall promote educational and economic interests of the weaker sections of the people
particularly that of the ScheduledCastes (SCs),ScheduledTribes(STs) and other weaker sections.

Article47:The State shall take steps to improve public health and prohibit consumption of intoxicating drinks and
drugs that are injurious to health.

Article 48: To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their
breeds.

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COIMBATORE | INDIA
 Directives based on Liberal-Intellectual Principles
Article44:The State shall Endeavour to secure for the citizen a Uniform Civil Code Through the territory of
India.

Article45:To provide early childhood care and education for all children until they complete the age of six years.

Article48:To organise agriculture and animal husbandry on modern and scientific lines.
o Article48A:To protect and improve the environment and to safeguard the forests and wildlife of the country.

Article49:The State shall protect every monument or place of artistic or historic interest.

Article 50: The State shall take steps to separate judiciary from the executive in the public services of the
State.

Article51:It declares that to establish international peace and security the State shall Endeavour to:
o Maintain just and honorable relations with the nations.
o Foster respect for international law and treaty obligations.
o Encourage settlement of international disputes by arbitration.
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COIMBATORE | INDIA
AmendmentsinDPSP:

42ndConstitutionalAmendment,1976:Itintroducedcertainchangesinthepart-IVoftheConstitutionbyaddingnew
directives:
Article39A: Toprovide freelegalaidtothepoor.
Article43A:ParticipationofworkersinmanagementofIndustries.K1M
Article48A:Toprotectandimprovetheenvironment.
44th Constitutional Amendment, 1978: It inserted Section-2 to Article 38 whichdeclares that; “The State in
particular shall strive to minimise economic inequalities inincome and eliminate inequalities in status, facilities
and opportunities not amongstindividualsbutalsoamongstgroups”.
Italsoeliminatedthe RighttoPropertyfromthelistofFundamentalRights.
86th Amendment Act of 2002: It changed the subject-matter of Article 45 and
madeelementaryeducationafundamentalrightunderArticle 21A.

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COIMBATORE | INDIA
FundamentalDuties

AbidebytheIndianConstitutionandrespectitsidealsandinstitutions,theNationalFlagand
theNationalAnthem
Cherishandfollowthenobleidealsthatinspiredthenationalstruggleforfreedom

Upholdandprotectthesovereignty,unityandintegrityofIndia

Defendthecountryand rendernationalservicewhencalled upontodoso

PromoteharmonyandthespiritofcommonbrotherhoodamongstallthepeopleofIndia
transcendingreligious,linguisticandregionalorsectionaldiversitiesandtorenouncepractices
derogatorytothedignityofwomen

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COIMBATORE | INDIA
FundamentalDuties

Valueand preservetherichheritageofthecountry’scompositeculture
Protectandimprovethenaturalenvironmentincludingforests,lakes,riversandwildlifeand
tohavecompassionforlivingcreatures
Developscientifictemper, humanismandthespiritofinquiryandreform
Safeguardpublicpropertyandtoabjureviolence
Strivetowardsexcellencein allspheresofindividualandcollectiveactivitysothatthenation
constantlyrisestohigherlevelsofendeavourandachievement
Provideopportunitiesforeducationtohischildorwardbetweentheageofsixandfourteen
years.Thisdutywasadded bythe86thConstitutional AmendmentAct,2002

Dr. NGPASC
COIMBATORE | INDIA
FundamentalDuties

Valueand preservetherichheritageofthecountry’scompositeculture
Protectandimprovethenaturalenvironmentincludingforests,lakes,riversandwildlifeand
tohavecompassionforlivingcreatures
Developscientifictemper, humanismandthespiritofinquiryandreform
Safeguardpublicpropertyandtoabjureviolence
Strivetowardsexcellencein allspheresofindividualandcollectiveactivitysothatthenation
constantlyrisestohigherlevelsofendeavourandachievement
Provideopportunitiesforeducationtohischildorwardbetweentheageofsixandfourteen
years.Thisdutywasadded bythe86thConstitutional AmendmentAct,2002

Dr. NGPASC
COIMBATORE | INDIA
Grouprights

Group rights, alsoknown as collective rights, are rights held by a group as a whole ratherthan individually by its
members; in contrast, individual rights are rights held by individualpeople; even if they are group-differentiated,
which most rights are, they remain individualrights if the right-holders are the individuals themselves. Historically,
group rights have beenusedboth toinfringeuponandtofacilitateindividualrights,andtheconceptremainscontroversial.

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COIMBATORE | INDIA
Themultiplefacetsofhumanrights

SIXTY-FIVE years ago, the United Nations General Assembly adopted the UniversalDeclaration of Human Rights
(UDHR). On Dec 10, 1948, when the UDHR was put to vote,the UN had 58 member states. It was adopted by 48
votes, with eight abstentions (SouthAfrica, Saudi Arabia, Byelorussia, Czechoslovakia, Poland, Ukraine, the Union
of SovietSocialistRepublicsandYugoslavia)andnoneopposed.

The goal was not the affirmation of one and the same conception of the world, of manand of knowledge. Article 1 of
the UDHR asserts: “All human beings are born free and equalin dignity and rights. They are endowed with reason
and conscience, and should act towardsone anotherinaspiritofbrotherhood.”

Dr. NGPASC
COIMBATORE | INDIA
Dr. NGPASC
COIMBATORE | INDIA Department of Microbiology