Human beings are rational beings. They by virtue of their being human possess certain basic and inalienable rights, which are commonly known as Human Rights.
The document is a lecture note on basic concepts of taxation from Chanderprabhu Jain College of Higher Studies & School of Law. It defines key terms like taxes, direct and indirect taxes, income, assessment year, financial year. It distinguishes between capital and revenue receipts and discusses the differences between direct and indirect taxes. It also explains the concepts of application of income versus diversion of income and gives examples. Finally, it provides an overview of the different sections related to assessment under the Income Tax Act.
An agreement between a seller and a buyer for the sale of goods. The contract should, at a minimum, identify the seller and buyer, the quantity and type of product, delivery time, price and conditions of payment.
The objective of the seminar paper is to introduce the students to a holistic understanding of crime. PSDA in this seminar paper will include seminar presentation, debates and group discussions, critical review of existing laws in India and a comparison with
other countries. The paper seeks to explore the possible practical applications of the various theories that have been formulated so far. It will also require the students to look up the international cases where these theories have been applied. The students who opt for this paper will also visit the prisons/ juvenile homes/ juvenile courts / rehabilitation centre etc. and make an assessment of the current situation.
In the long march of mankind from the cave to the computer a central role has always been played by the idea of law – the idea that order is necessary and chaos inimical to a just and stable existence. Every society, whether it be large or small, powerful or weak, has created for itself a framework of principles within which to develop. What can be done, what cannot be done, permissible acts, forbidden acts, have all been spelt out within the consciousness of that community.
The document is a lecture note on basic concepts of taxation from Chanderprabhu Jain College of Higher Studies & School of Law. It defines key terms like taxes, direct and indirect taxes, income, assessment year, financial year. It distinguishes between capital and revenue receipts and discusses the differences between direct and indirect taxes. It also explains the concepts of application of income versus diversion of income and gives examples. Finally, it provides an overview of the different sections related to assessment under the Income Tax Act.
An agreement between a seller and a buyer for the sale of goods. The contract should, at a minimum, identify the seller and buyer, the quantity and type of product, delivery time, price and conditions of payment.
The objective of the seminar paper is to introduce the students to a holistic understanding of crime. PSDA in this seminar paper will include seminar presentation, debates and group discussions, critical review of existing laws in India and a comparison with
other countries. The paper seeks to explore the possible practical applications of the various theories that have been formulated so far. It will also require the students to look up the international cases where these theories have been applied. The students who opt for this paper will also visit the prisons/ juvenile homes/ juvenile courts / rehabilitation centre etc. and make an assessment of the current situation.
In the long march of mankind from the cave to the computer a central role has always been played by the idea of law – the idea that order is necessary and chaos inimical to a just and stable existence. Every society, whether it be large or small, powerful or weak, has created for itself a framework of principles within which to develop. What can be done, what cannot be done, permissible acts, forbidden acts, have all been spelt out within the consciousness of that community.
The Minimum Wages Act 1948 is an Act of Parliament concerning Indian labour law that sets the minimum wages that must be paid to skilled and unskilled labour.
What is a Charter ? Charter is a record of PublicAct, delegating rights &privileges to recipients (in form of public declaration& not addressed to recipient, but notified to public).
The document discusses various topics related to corporate law including types of companies, forms of business organization, shares, debentures, and securities. It provides information on sole proprietorships, partnerships, corporations, limited liability companies (LLCs), and different types of companies such as private companies and public companies. The document also defines key terms like shares, share capital, debentures, debenture bonds, and classifications of company securities.
The paper will focus on the civil procedures followed in instituting a suit. The students will be familiarised with certain important concepts and practical skill development activity will provide insights into the actual working of the court procedures.
The securities and exchange board of India (SEBI) was set up as an administrative body in April 1988. It was given statutory status on November 1992 by promulgation of the SEBI ordinance. The objective of setting up SEBI is to protect the interest of investors in securities and to promote the development and to regulate the security market.
The document discusses the Food Safety and Standards Act, 2006 which lays down standards and guidelines for consumer safety and protection related to food. It received assent in 2006 and came into effect in 2011. The Act regulates the food sector by setting standards for food businesses and processing. It also establishes mechanisms for food safety at the state level including a food safety appellate tribunal. Key definitions related to food adulteration are provided.
Property or valuable security
Given or agreed to be given
Directly or indirectly
By one party to the marriage to the other party
Before, at the time of or after marriage
In connection with the marriage
Dower or Mehr excluded (Section 2 of the Dowry Prohibition Act)
This is a PPT of Mobile phone crimes in cyber crimes under Information Technology Act, 2000. This will help students to understand the cyber crimes or mobile phone crimes.
This document provides an overview of key sections of the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC). It discusses sections related to punishment of offenses committed within India, lists specific punishable offenses, obligations of public servants and citizens, procedures for arrest, detention, and search and seizure. The summary sections define important terms like "public servant", "document", standards for "reason to believe", and principles of "good faith" and "res judicata" as they relate to criminal procedures and investigations in India.
The document discusses Supreme Court Rules 1966, Delhi High Court Rules 1967, The Limitation Act 1963, The Registration Act 1908 and Bench-Bar Relations.
It provides an overview of the key provisions of the Supreme Court Rules related to advocates, single judges, writ petitions and election petitions. It also summarizes some key provisions of the Delhi High Court Rules related to advocates, single judges and civil/criminal jurisdiction.
The summary then provides a high-level overview of the main provisions of The Limitation Act and The Registration Act related to limitation periods, legal disability exclusions and effects of registration. It concludes with a brief discussion of the Advocates Act 1961 and roles of the State Bar Council and Bar Council of India regarding
Environmental Studies and Environmental Laws (: LLB -301)cpjcollege
The objective of this paper is to acquaint the students with the environmental issues and the measures taken for its protection along with the norms prevailing at international and national
level
As technology infiltrates every aspect of our lives its no wonder solving crimes has become futuristic in its advances.
The benefits of real-time on-site forensic investigations are manifold and such technology has the potential to strongly increase the speed and efficacy of the criminal justice system.
Trade and Commerce have always been at the foundation of every civilization. No society can develop and prosper without its citizens conducting business transactions.
Convincing" is an art of drafting deeds and documents whereby any right, title or interest in an immovable
property is transferred from one person to another. Such persons may be natural or artificial i.e. Corporate
The document discusses the concepts of res subjudice and res judicata under the Code of Civil Procedure 1908. It provides definitions and conditions for the application of both doctrines. Res subjudice refers to matters already under litigation in court and prevents simultaneous adjudication of the same matter. Res judicata establishes that a matter cannot be re-litigated once a competent court has made a final decision on it. The document also outlines the differences between the two doctrines.
The document discusses the definition, concept, and historical development of human rights from ancient times to the modern era. It notes that human rights are inherent to all people, regardless of attributes, and protect fundamental freedoms. Major milestones discussed include the Magna Carta, English Bill of Rights, American Declaration of Independence, French Declaration of Rights of Man and Citizen, and the UN Universal Declaration of Human Rights. Theories of human rights protection are also examined.
The document provides an overview of the concept and evolution of human rights. It discusses how:
1) After World War 2, the UN took a pledge to promote universal human rights. This led to the Universal Declaration of Human Rights in 1948, which outlined fundamental rights and freedoms.
2) Two binding international covenants were later adopted in 1966 to further define economic, social, cultural and civil/political rights. Optional protocols were also adopted.
3) The Indian constitution was influenced by the UDHR and incorporates many similar fundamental rights and freedoms for its citizens. India has also enacted national laws protecting human rights.
The Minimum Wages Act 1948 is an Act of Parliament concerning Indian labour law that sets the minimum wages that must be paid to skilled and unskilled labour.
What is a Charter ? Charter is a record of PublicAct, delegating rights &privileges to recipients (in form of public declaration& not addressed to recipient, but notified to public).
The document discusses various topics related to corporate law including types of companies, forms of business organization, shares, debentures, and securities. It provides information on sole proprietorships, partnerships, corporations, limited liability companies (LLCs), and different types of companies such as private companies and public companies. The document also defines key terms like shares, share capital, debentures, debenture bonds, and classifications of company securities.
The paper will focus on the civil procedures followed in instituting a suit. The students will be familiarised with certain important concepts and practical skill development activity will provide insights into the actual working of the court procedures.
The securities and exchange board of India (SEBI) was set up as an administrative body in April 1988. It was given statutory status on November 1992 by promulgation of the SEBI ordinance. The objective of setting up SEBI is to protect the interest of investors in securities and to promote the development and to regulate the security market.
The document discusses the Food Safety and Standards Act, 2006 which lays down standards and guidelines for consumer safety and protection related to food. It received assent in 2006 and came into effect in 2011. The Act regulates the food sector by setting standards for food businesses and processing. It also establishes mechanisms for food safety at the state level including a food safety appellate tribunal. Key definitions related to food adulteration are provided.
Property or valuable security
Given or agreed to be given
Directly or indirectly
By one party to the marriage to the other party
Before, at the time of or after marriage
In connection with the marriage
Dower or Mehr excluded (Section 2 of the Dowry Prohibition Act)
This is a PPT of Mobile phone crimes in cyber crimes under Information Technology Act, 2000. This will help students to understand the cyber crimes or mobile phone crimes.
This document provides an overview of key sections of the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC). It discusses sections related to punishment of offenses committed within India, lists specific punishable offenses, obligations of public servants and citizens, procedures for arrest, detention, and search and seizure. The summary sections define important terms like "public servant", "document", standards for "reason to believe", and principles of "good faith" and "res judicata" as they relate to criminal procedures and investigations in India.
The document discusses Supreme Court Rules 1966, Delhi High Court Rules 1967, The Limitation Act 1963, The Registration Act 1908 and Bench-Bar Relations.
It provides an overview of the key provisions of the Supreme Court Rules related to advocates, single judges, writ petitions and election petitions. It also summarizes some key provisions of the Delhi High Court Rules related to advocates, single judges and civil/criminal jurisdiction.
The summary then provides a high-level overview of the main provisions of The Limitation Act and The Registration Act related to limitation periods, legal disability exclusions and effects of registration. It concludes with a brief discussion of the Advocates Act 1961 and roles of the State Bar Council and Bar Council of India regarding
Environmental Studies and Environmental Laws (: LLB -301)cpjcollege
The objective of this paper is to acquaint the students with the environmental issues and the measures taken for its protection along with the norms prevailing at international and national
level
As technology infiltrates every aspect of our lives its no wonder solving crimes has become futuristic in its advances.
The benefits of real-time on-site forensic investigations are manifold and such technology has the potential to strongly increase the speed and efficacy of the criminal justice system.
Trade and Commerce have always been at the foundation of every civilization. No society can develop and prosper without its citizens conducting business transactions.
Convincing" is an art of drafting deeds and documents whereby any right, title or interest in an immovable
property is transferred from one person to another. Such persons may be natural or artificial i.e. Corporate
The document discusses the concepts of res subjudice and res judicata under the Code of Civil Procedure 1908. It provides definitions and conditions for the application of both doctrines. Res subjudice refers to matters already under litigation in court and prevents simultaneous adjudication of the same matter. Res judicata establishes that a matter cannot be re-litigated once a competent court has made a final decision on it. The document also outlines the differences between the two doctrines.
The document discusses the definition, concept, and historical development of human rights from ancient times to the modern era. It notes that human rights are inherent to all people, regardless of attributes, and protect fundamental freedoms. Major milestones discussed include the Magna Carta, English Bill of Rights, American Declaration of Independence, French Declaration of Rights of Man and Citizen, and the UN Universal Declaration of Human Rights. Theories of human rights protection are also examined.
The document provides an overview of the concept and evolution of human rights. It discusses how:
1) After World War 2, the UN took a pledge to promote universal human rights. This led to the Universal Declaration of Human Rights in 1948, which outlined fundamental rights and freedoms.
2) Two binding international covenants were later adopted in 1966 to further define economic, social, cultural and civil/political rights. Optional protocols were also adopted.
3) The Indian constitution was influenced by the UDHR and incorporates many similar fundamental rights and freedoms for its citizens. India has also enacted national laws protecting human rights.
The document discusses the concept and evolution of human rights. It defines key characteristics of human rights such as being universal, inherent to human dignity, and independent of legal systems. It traces the origins and development of human rights from natural law philosophies to religious doctrines to documents like the Magna Carta and the Universal Declaration of Human Rights. The document also outlines the six fundamental rights guaranteed by the Indian constitution - right to equality, right to freedom, right against exploitation, freedom of religion, cultural/education rights, and right to constitutional remedies.
Human Rights Presentation by Simhachalam K L VLVSimhachalam
The document discusses the history and overview of human rights. It defines human rights and traces their origins in international law after World War 2 through documents like the UN Charter and Universal Declaration of Human Rights. It also describes the classification of civil/political and economic/social/cultural rights. The document then outlines the national and state human rights commissions in India as well as violations of human rights and international promotion efforts.
This document provides an overview of the nature and constituents of human rights. It discusses the meaning and definition of human rights, their key characteristics including being inalienable and universal. The document then traces the evolution and key landmarks in the development of human rights, from the Magna Carta to the UN Charter and the Universal Declaration of Human Rights in 1948. It also discusses the natural rights theory as proposed by philosophers like Hobbes, Locke, and Rousseau, which formed the basis for modern conceptions of human rights. The document is intended to help readers understand the core concepts and historical development of the philosophy around human and natural rights.
Based on Arendt’s analysis of human rights, do you think human rig.docxjasoninnes20
Based on Arendt’s analysis of human rights, do you think human rights are
sufficient for protecting vulnerable populations including refugees illegal
immigrants, and people forced into exile? What are some of Arendt’s reasons? Use a current event to explain your analysis.
YOU SHOULD READ THE LECTURE FIRST
For more detail
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Human Rights /
Humans as Political Beings
Lecture 2.4
Natural Rights, Civil Rights, Human Rights
So far, in this unit of the course, the notion of
“rights” has come up several times. Both Hobbes,
Locke, and Mills discuss rights in some way.
As you may recall, Hobbes defines right as a type of
liberty, the freedom to do something without
impediment. Both Hobbes and Locke believe that
humans have natural rights, that is inherent
freedoms that they are endowed with by nature. In
other words, because humans and the world are
they way they are, humans come with pre-given
rights. For Hobbes the principle right held by
humans was to do whatever it takes to survive. For
Locke it was to defend one’s property (including
one’s life).
For Hobbes, when humans enter a social contract
and form a government with laws, they give up
their natural rights. For Locke, the institution of
government provides a way of guaranteeing one’s
natural rights by codifying those rights into law. When
a sovereign power establishes rights for its citizens
and laws for protecting those rights, we get civil
rights.
Natural rights apply in the state of nature while civil
rights apply in civilization. Human rights refer to
those rights which humans hold simply because they
are human. Such rights are closer in kind to natural
rights, but are often reflected in civil rights.
The notion of human rights gets invoked frequently in
discussions of violations of human dignity and ethics.
But where do human rights come from? Are they
real? Who guarantees them? How effective are
they in protecting vulnerable people? Do
other-than-human beings have rights, too?
Amartya Sen, 1933 -
Sen was born in West Bengal India in 1933. He
received is B.A., M.A., and Ph.D. in Economics at
Trinity College in Cambridge, England. His research
has included topics such as social choice theory,
economic theory, ethics and political philosophy,
welfare economics, theory of measurement,
decision theory, development economics, public
health, and gender studies. His interest in global
welfare and human rights was partly inspired by his
experience of witnessing famine in India.
Sen has served on various economic advisory
boards including the American Economic
Association. He has also received numerous awards
for his work, the most prestigious of which was the
Nobel Prize in economics.
Sen currently teaches at Harvard University.
Hannah Arendt,
1906-1975
Arendt was born in Linden, Germany in 1906 to a Jewish
family. She studied under the German philosophers
Martin Heidegg ...
New Microsoft PowerPoint Presentation.pptxKrishna2017
The document discusses the history and origins of human rights. It notes that the United Nations adopted the Universal Declaration of Human Rights in 1948, which has served as a framework for other human rights laws and conventions. Concepts of ethics, justice and human dignity have been important in human societies throughout history, even prior to written records. Human rights are based on the idea that all people have inherent worth and dignity.
Title: Understanding Human Rights
Slide 1: Introduction
- Title: Understanding Human Rights
- Subtitle: Protecting the Dignity of Every Individual
- Your Name/Presenter's Name
- Date
Slide 2: What Are Human Rights?
- Definition: Fundamental rights and freedoms that every person is entitled to, simply because they are human.
- Universal: They apply to all people, regardless of race, nationality, gender, religion, or other status.
- Inherent: Human rights are not granted by the government; they are inherent to every human being.
Slide 3: Historical Background
- Begin with the Universal Declaration of Human Rights (1948).
- Key events that contributed to the development of human rights.
- Historical atrocities and the need for a global human rights framework.
Slide 4: The Universal Declaration of Human Rights
- Key principles:
- Equality and non-discrimination.
- Right to life, liberty, and security.
- Freedom from torture and slavery.
- Right to work, education, and more.
Slide 5: The International Bill of Human Rights
- Consists of three major documents:
- Universal Declaration of Human Rights.
- International Covenant on Civil and Political Rights.
- International Covenant on Economic, Social, and Cultural Rights.
Slide 6: Categories of Human Rights
- Civil and Political Rights: Right to vote, freedom of speech, and more.
- Economic, Social, and Cultural Rights: Right to education, healthcare, and a standard of living.
- Collective Rights: Rights of indigenous people, minority groups, and self-determination.
- Solidarity Rights: Right to peace, a clean environment, and development.
Slide 7: Violations of Human Rights
- Discuss global examples of human rights violations.
- War crimes, discrimination, censorship, and police brutality.
- Emphasize the importance of accountability and justice.
Slide 8: Protecting Human Rights
- National governments: Enact and enforce laws that protect human rights.
- International organizations: United Nations, NGOs, and regional bodies play a role.
- Advocacy: The power of collective action to raise awareness and effect change.
Slide 9: Challenges and Controversies
- Balancing individual rights with societal interests.
- Cultural relativism vs. universalism.
- Emerging technologies and privacy concerns.
- Ensuring human rights in times of crisis (e.g., pandemic response).
Slide 10: Progress and Achievements
- Highlight milestones in the advancement of human rights.
- Cases of successful advocacy and change.
- Illustrate how human rights have improved lives globally.
Slide 11: The Future of Human Rights
- Address ongoing challenges.
- The role of the younger generation in advocating for human rights.
- Potential areas for development and reform.
Slide 12: Conclusion
- Summarize key points.
- Reiterate the importance of human rights for global peace and development.
Slide 13: Q&A
- Open the floor to questions and discussions.
Slide 14: Thank You
- Express gratitude to the audience for their
Human rights are moral principles that protect standards of human behavior as legal rights. The modern concept of human rights emerged from documents dating back to the 600s and grew out of major events like the French Revolution. The UN was founded after WWII to promote human rights and created the Universal Declaration of Human Rights. Major treaties and political bodies have further codified and enforced human rights internationally on issues like discrimination, disabilities, children, torture, and migrants.
This document contains notes from law school classes on human rights topics. It defines human rights and discusses the evolution and characteristics of human rights. It also explains provisions of the Universal Declaration of Human Rights, international covenants on civil and political rights, and conventions like CEDAW and the European and American conventions. Finally, it summarizes international conferences on human rights that addressed issues like genocide, labor organizations, and child labor.
The legality of human rights law in the lives of 'originals' in india.Devarshi Sen Deka
The 'legalization of a human right norm into Human rights in International Law at the backdrop of UNDRIP and 'Right to Development' in the lives of the Originals in India.'
THE DIGNITY OF MAN, An Islamic Perspective.pdfccccccccdddddd
This document provides background information on the author Dr. Mohammad Hashim Kamali and his book "The Dignity of Man: An Islamic Perspective". It discusses the origins and development of the concept of human rights after World War II, including the drafting of the Universal Declaration of Human Rights in 1948. It notes that while the Declaration was an important milestone, there was debate around its philosophical underpinnings and cultural influences being predominantly Western. Some Asian and Muslim-majority countries raised objections or concerns that cultural and religious contexts were not fully considered. The document provides this context and history to frame Kamali's examination of human dignity and rights from an Islamic perspective.
Introduction to human rights with a special focus on indian constitution, uni...Shahnawaz Ahmed Malik
This document provides an overview of key concepts in human rights including definitions of human rights, the elements and history of human rights, and important human rights documents like the UDHR and ICCPR. It discusses how human rights are based on natural law and outlines civil, political, economic, social and cultural rights. The document also summarizes the structure and rights protected in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
The document provides an overview of human rights topics including:
1. An introduction to human rights and identifying rights in news stories and key documents like the Universal Declaration of Human Rights.
2. The nature of human rights and their origins in documents from ancient civilizations through philosophers like Locke and declarations like the U.S. Bill of Rights.
3. Specific rights like the rights of children established in the UN Convention on the Rights of the Child and how groups like indigenous peoples and refugees relate to human rights.
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Human rights in international perspective
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Human rights in the international context are fundamental principles that safeguard the inherent dignity and worth of every individual, regardless of their nationality, ethnicity, religion, gender, or any other characteristic. This essay explores the evolution, challenges, and significance of human rights from a global perspective.
Historical Evolution:
Human rights have deep historical roots, with milestones such as the Magna Carta (1215) and the Universal Declaration of Human Rights (UDHR) in 1948 shaping their trajectory. The aftermath of World War II underscored the need for a global commitment to prevent atrocities and protect individuals from the abuse of power.
Universal Declaration of Human Rights:
The UDHR, adopted by the United Nations General Assembly, serves as a cornerstone in the international human rights framework. It outlines a comprehensive set of rights and freedoms, ranging from the right to life and liberty to freedom of expression and education. However, the challenge lies in implementing these rights universally, as diverse cultural, political, and economic contexts often influence their interpretation and enforcement.
International Treaties and Conventions:
To operationalize the principles outlined in the UDHR, various international treaties and conventions have been established. Examples include the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These instruments provide a legal framework for states to adhere to and are monitored by international bodies.
Challenges to Implementation:
Despite these efforts, the realization of human rights faces persistent challenges. National sovereignty, cultural relativism, and geopolitical considerations can impede the enforcement of international standards. Issues like discrimination, poverty, and inequality persist globally, illustrating the gap between legal frameworks and their effective implementation.
Human Rights in Conflict Zones:
Conflict zones often witness severe human rights abuses, raising questions about the international community's ability to intervene. The Responsibility to Protect (R2P) doctrine emerged as an attempt to address this, emphasizing the global responsibility to prevent and respond to mass atrocities. However, debates over intervention and sovereignty complicate the application of R2P.
Economic Globalization and Human Rights:
The interconnectedness of the global economy brings both opportunities.
Human rights are basic rights and freedoms that belong to all people. They include civil/political rights like freedom of expression and religion as well as economic/social rights like adequate living standards and education. The Universal Declaration of Human Rights established core human rights values and principles in 1948. Eleanor Roosevelt and Rene Cassin played instrumental roles in drafting the declaration, which remains highly influential today.
UDHR - United Declaration of Human Rights n.pptxDrOsiaMajeed
UDHR - The Universal Declaration of Human Rights (UDHR) is a landmark document adopted by the United Nations General Assembly in 1948. It outlines fundamental rights and freedoms to which all individuals are entitled, regardless of their nationality, ethnicity, religion, or any other status. The UDHR serves as a moral and legal framework for promoting and protecting human dignity, equality, and justice worldwide.
Socio-Legal Dimensions of Gender (LLB-507 & 509 )cpjcollege
This paper intends to sensitize the students about the changing
dimensions of gender and also familiarizes them with the subtle manifestations of inequality rooted in our society.
The objective of the paper is to apprise the students with the laws relating to marriage, dissolution, matrimonial remedies, adoption, contemporary trends in family institutions in India, in particular the Hindus and Muslims.
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
The objective of this paper is to provide an understanding of basic concepts of Indian Constitution and various organs created by the Constitution and their functions.
It is an indispensable complementary part of our legal system without the study of which no advocate is suitably equipped with the basic requisites required to go to the court.
This document provides an overview of key concepts in international relations discussed in a political science class, including:
- Democracy and its key principles such as majority rule, protection of minority rights, and consent of the governed.
- Federalism and its features such as division of powers between central and state/provincial governments.
- The parliamentary system in India and features such as a ceremonial head of state, executive drawn from the legislature, and collective responsibility of ministers.
- Concepts in international relations like power, sovereignty, and the elements and limitations of national power, including international law, morality, and world public opinion.
This paper focuses on various aspects of health care law including the constitutional perspective, obligations, and negligence of medical professionals and remedies available to
consumers of health care.
The object of this paper is to focus on land reforms in India, Constitutional provisions related to land reforms, Land Acquisition, Rehabilitation, and Resettlement Act,2013, Urban Real Estate Development Laws and the Provisions of the Rent Laws under the
Delhi Rent Control Act, 1958.
Business Environment and Ethical Practices (BBA LLB 213 )cpjcollege
The objective of the course is to familiarize students with the different aspects of business environment and ethical practices to be adopted by organizations in conducting their business.
The document provides information about human resource management (HRM) including definitions of HRM, its components, nature, scope, importance, evolution, policies, challenges, and trends. It also discusses the differences between personnel management and HRM as well as HRM and strategic HRM. Additionally, it covers topics related to human resource planning such as meaning, importance, job analysis, and future personnel needs. The document appears to be lecture notes on an introduction to HRM course provided by Ms. Pallavi Sharma.
The document discusses various topics related to computer networks including:
- Networking concepts such as computer networks being collections of devices connected to communicate and share resources, with connections made via physical wires or wireless connections.
- Types of networks including local area networks (LANs), wide area networks (WANs) and metropolitan area networks (MANs).
- Network protocols such as TCP/IP and how they function.
- Multiplexing techniques used in networks such as frequency division multiplexing (FDM), wavelength division multiplexing (WDM), and time division multiplexing (TDM).
Business environment refers to all external forces and factors that affect the functioning of a business. The business environment includes internal factors within a firm's control as well as external factors beyond its control, such as economic, political, social, technological, legal and environmental factors. The business environment influences a firm's strategic choices, organizational structure and operations. Understanding the business environment is crucial for identifying opportunities and threats to make appropriate business decisions.
Object oriented programming using BCA 209cpjcollege
This document discusses object oriented programming (OOP) and C++. It provides an overview of procedure oriented programming versus OOP, highlighting that OOP emphasizes data over procedures and uses objects and classes. Characteristics of OOP like encapsulation, inheritance, and polymorphism are covered. The document then discusses C++ features like classes, objects, constructors, destructors, static class members, friend functions, and inline functions. Finally, it introduces templates in C++ as a way to write generic functions and classes that can work with multiple data types.
This document contains lecture material from Chanderprabhu Jain College of Higher Studies & School of Law in New Delhi, India. It discusses various accounting topics including the meaning and classification of accounts, accounting principles and concepts, journals and their subdivisions, final accounts (trading account, profit and loss account, balance sheet), inventory management methods, concepts of depreciation, and methods for calculating depreciation. The document provides definitions, explanations and examples of key accounting terms and procedures.
This document contains lecture notes from a class on VB.NET programming and the .NET architecture. It discusses the .NET infrastructure including the common language runtime and portable executable files. It also covers topics like .NET project types, designing applications for .NET, variable scope, arrays and collections, object passing and parameters, inheritance control, threading, delegates, exception handling, object-oriented features in .NET, and ADO.NET concepts like data connections, adapters, datasets and data readers.
This document discusses registers in computer architecture. It defines a register as a very fast memory used to store data or instructions being executed. A register consists of a group of flip-flops that can each store one bit. The document also discusses register transfer language, which uses symbolic notation to describe operations between registers, and different types of register transfers and micro-operations that can be performed. It provides examples of shift operations and how an arithmetic logical unit is used to perform logic and arithmetic operations on data from registers.
The document discusses various topics related to web servers and web development including:
- The difference between local and remote servers, with local servers hosting files on the user's own machine and remote servers hosting files on another computer accessed over the internet.
- Popular web server software like Internet Information Services (IIS) which is used to host ASP.NET and ASP web applications, and Personal Web Server (PWS) which allows individuals to publish and share content.
- The difference between static websites with fixed HTML pages and dynamic websites whose content changes based on a database or CMS.
- Other topics covered include installing web servers, client-side vs server-side scripting, and introducing HTML.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
1. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
BALLB / BBALLB (SEVENTH SEMESTER)
HUMAN RIGHTS LAW
UNIT I
INTRODUCTION TO HUMAN RIGHTS
2. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● MEANING AND NATURE OF HUMAN RIGHTS
❖ Human beings are rational beings. They by virtue of their being human possess
certain basic and inalienable rights, which are commonly known as Human Rights.
❖ New International Webster’s Comprehensive Dictionary of the English Language,
literally the word “right” means anything done in accordance with or conformable to
truth or fact, correct, true, accurate, not mistaken, conformable to a standard of
propriety, fit , suitable and the word “human” means pertaining to characterizing
man or mankind.
❖ Human Right is mainly related to humans and nature of human right is different. It
does not require any state recognition, any legitimacy from the state and any
enforcement. Human rights are older than states.
3. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
❖ History of human rights can be traced back to man itself. When there was only
human being human right was there. When there was not state, natural law etc there
was human right. History of human rights starts with the history of man itself.
❖ Nature of human rights changed with Industrial Revolution. Human rights in this era
was considered as social rights. Human rights changed with Russian Revolution
1916. The outcome of this was making of first constitution of USSR in 1916. It was
the first constitution of the modern states guaranteed Social and Economic Rights in
its Constitution itself. This led to dawn of Second Generation Human Rights.
4. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● ORIGIN AND EVOLUTION
❖ The history of origin and development of Human Rights is very fascinating. The
origin of human is traced by some Scholars back to the times of ancient Greeks.
❖ The fact that human rights were recognized as natural rights of man is illustrated by a
Greek play Antigone.
❖ It is said that the struggle for human rights started in the Western world sometimes in
the beginning of 13th century, which is the great English Charter known as Magna
Carta was issued but the fact is that this struggle had started even 200 years prior to
the issue of this charter determining the rights of the parliament in 1037 AD.
5. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
❖ The Second important document was the draft of Right, 1689. Other important
documents included the English Bill of Rights, 1689, American declaration of
independence, 1776, French declaration of the Rights of man and of the Citizens,
1789 etc.
❖ Though the established fact is that concept of “Human Rights” was existed, before
the “Magna Carta” (Bill of Rights), itself came into existence. However, Magna
Carta enjoys the status of a milestone in the history of human rights. This charter was
also issued in 1216, 1217 and 1325 after being amended and modified.
❖ The expression ‘fundamental rights of man ‘were stated in the declaration and
constitutional instruments of many states.
6. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
❖ The term human rights came somewhat late in the vocabulary of mankind. It is a
twentieth century name for what has been traditionally known as Natural rights or
the rights of Man. It was first used by Thomas Paine in the English translation of the
French Declaration of the rights of Man and citizen.
❖ The term natural law was replaced because the concept of natural law had become a
matter of great controversy and the phrase ‘the rights of man’ was found unsuitable
as it was not universally understood to include the rights of women.
7. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● Development of Human Right Regime
❖ The turning point for the traditional approach in International law came in 1940’s in
midst of the extreme human rights abuses in war-torn Europe during the World War II
shocking crimes were committed against the humanity and there was a total
suppression of fundamental human rights. Nazi leaders of Germany have established a
regime of complete lawlessness and tyranny. They had barbously negated human
values and dignity within their territories under their occupation.
❖ Violation of human rights was considered as a source of International conflict and
protection of human rights was regarded as necessary for international peace. This
conviction was reflected in the proclamation issued by President Franklin D,
Roosevelt on January 6, 1941 which came to be known as ‘Four Freedoms’.
8. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
❖ ‘Four Freedoms’. These he listed as freedom of speech, freedom of religion, freedom
from want and freedom from fear. In the message he declared; “freedom means the
supremacy of human rights everywhere. Our support goes to those who struggle to
gain these rights or keep them”.
❖ The same efforts for the creation of an international organization, in order to
establish peace, were being made even when the World War II was in progress. A
number of conference and meetings were held before the United Nations, an
international organization was established in 1945.
9. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
❖ At San Francisco conference it was expressed by several delegates that eh United
Nation’s should established an International Bill of Rights.
❖ Although that could not be done it was realized that it should be the obligation of the
International community to co-operate in eradicating the scourge of war, therefore
the promotion and respect for human rights which at present constitute so important
and so conspicuous be an integrated part of the United Nation charter.
❖ UN decided to prepare on International Bill of Rights to achieve the end. The
General Assembly adopted its on December 10, 1948 through a resolution known as
‘Universal Declaration of Human Rights’
❖ After the Universal Declaration of Human Rights by the UN General Assembly on
December 10, 1948, the concept of Human Rights assumed a significance of its own.
10. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
BALLB / BBALLB (SEVENTH SEMESTER)
HUMAN RIGHTS LAW
UNIT II
INTERNATIONAL HUMAN RIGHTS LAW
11. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● UN CHARTER
❖ The UN Charter in 1945 affirmed faith in the fundamental human rights and
appointed a Commission on Human Rights under Mrs. E. Roosevelt. This
declaration was the outcome of the latter’s deliberations A.A. Said aptly remarked
“The concept of Human Rights may be difficult to define but impossible to ignore”.
❖ The United Nations (UN) is an international organisation whose stated aims are to
facilitate cooperation in international law, international security, economic
development, social progress and human rights issues. The pursuit of human rights
was a central reason for creating the UN. It was founded in 1945 and began with fifty
countries signing the United Nations Charter.
12. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
❖ As of 2007, there are 192 United Nations member states, encompassing almost every
recognised independent state. The UN Charter obliges all member nations to promote
“universal respect for, and observance of, human rights” and to take “joint and
separate action” to that end.
❖ The Charter consists of a preamble and a series of articles divided into chapters. It
includes: purposes of the United Nations; criteria for membership; the organs and
institutions of the UN; arrangements for integrating the UN with established
international law; and the enforcement powers of UN bodies.
13. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● UDHR
❖ In December 10, 1948 the General Assembly of the United Nations adopted and
proclaimed the Universal Declaration of Human Rights the full text of which appears
in the following pages. Following this historic act the Assembly called upon all
Member countries to publicize the text of the Declaration and "to cause it to be
disseminated, displayed, read and expounded principally in schools and other
educational institutions, without distinction based on the political status of countries
or territories".
❖ The 1948 Universal Declaration of Human Rights is probably the most famous
human rights document and at the same time is the cornerstone of international
human rights protection.
14. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
❖ The effects of II World War and fear of communism however led to a turnaround.
During the war the Allies explained that they were willing to create conditions for all
humans to live in freedom and free from any fear and shortage. Therefore the UN
Charter of 1945 contains the clear order to the community of states to encourage the
respect and realisation of human and basic rights.
❖ The thirty articles of the Universal Declaration of Human Rights guarantees
protection of the person, of procedural law , classical freedom rights such as freedom
of expression, as well as economical, social and cultural rights. These rights apply to
all people irrespective of their race, gender and nationality.
❖ The UNDH was significantly important in terms of its content and a benchmark for
the establishment of binding UN Human Rights Conventions since the 1950’s.
15. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● COVENANTS OF 1966
❖ Universal Declaration of Human Rights(UDHR) includes civil and political rights,
economic, social, Cultural and group rights. There are quests to transform the
declaration to legally binding documents, United Nations eventually adopted the two
covenants.
❖ International covenant on civil and political rights (ICCPR)
❖ International covenant on economic, social and cultural rights (ICESCR)
16. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
❖ International covenant on civil and political rights (ICCPR) The state parties to
the covenants consider principles in the charter of the UN and recognized the civil
and political rights in Universal Declaration of Human Rights(UDHR) and duties of
individual to other individuals and community, it can be said that this covenant has
its foundation in Universal Declaration of Human Rights and UN charter .
❖ International covenant on economic, social and cultural rights (ICESCR) The
covenant was adopted alongside ICCPR to develop UDHR rights, it contains ‘second
generation’ rights. it was opened for signature in 1966.it came into force in 1976
with 155 States as parties as at January 2007. It also has five parts, Part I of the
covenant is solely on Article 1,which on right of all people to self determination with
free right to pursue economic, social and cultural development and right to deal
freely with their natural resources and wealth.
17. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● OPTIONAL PROTOCOLS
❖ An optional protocol is a treaty that complements and adds to an existing human
rights treaty. For this reason, only States that have already agreed to be bound by a
parent treaty may choose to be parties to optional protocols.
❖ There are only two kinds of optional protocols in the UN Human Rights Treaty
System:
❖ Those that address a new substantive area that has not been included in the original
text of a treaty. For example the Second Optional Protocol to the International
Covenant on Civil and Political Rights which considers the question of the abolition
of the death penalty;
❖ Those that address procedural aspects that may affect the way a treaty operates and is
enforced. For instance, by creating new compliance mechanisms as in the case of the
Optional Protocol to the CEDAW Convention.
18. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
❖ The Optional Protocol to the ICESCR (OP-ICESCR) is a separate treaty open for
signature and ratification by States that are already parties to the ICESCR. The OP-
ICESCR does not create any new substantive rights. It sets a mechanism that makes
it possible for individuals or groups to submit a complaint to the Committee in
regard to violations of their economic, social and cultural rights by a State party.
❖ For example, a community that was wrongfully evicted by the local authorities
without being able to benefit from any remedies provided by national courts would
be able to file a complaint directly to the Committee on ESCR.
19. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
BALLB / BBALLB (SEVENTH SEMESTER)
HUMAN RIGHTS LAW
UNIT III
NATIONAL HUMAN RIGHTS
LAW
20. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● CONSTITUTIONAL PROVISIONS
❖ The Constitution of India gave primary importance to human rights. To quote Guha,
”The demand for a declaration of fundamental rights arose from four factors.”
1. Lack of civil liberty in India during the British rule
2. Deplorable social conditions, particularly affecting the untouchables and women
3. Existence of different religious, linguistic, and ethnic groups encouraged and
exploited by the Britishers
4. Exploitation of the tenants by the landlords
21. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
❖ India was a signatory to the Universal Declaration of Human Rights. A number of
fundamental rights guaranteed to the individuals in Part III of the Indian Constitution
are similar to the provisions of the Universal Declaration of Human Rights.
❖ In Keshavananda Bharati v. State of kerala, the Supreme Court observed, ”The
Universal Declaration of Human Rights may not be a legally binding instrument but
it shows how India understood the nature of human rights at the time the
Constitution was adopted.”
❖ Constitutional interpretation in India has been strongly influenced by the
Declaration. In the judgement given in the Chairman, Railway Board and others v.
Mrs.Chandrima as, the Supreme Court observed that the Declaration has the
international recognition as the Moral Code of Conduct having been adopted by the
General Assembly of the United Nations.
22. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● FUNDAMENTAL RIGHTS
❖ The judicially enforceable fundamental rights which encompass all seminal civil and
political rights and some of the rights of minorities are enshrined in part III of the
Constitution (Articles 12 to 35). These include the right to equality, the right to freedom,
the right against exploitation, the right to freedom of religion, cultural educational rights
and the right to Constitutional remedies.
❖ The Supreme Court recognizes these fundamental rights as ’Natural Rights’ or ’Human
Rights’. While referring to the fundamental rights , Sikri the then Chief Justice of the
Supreme Court, in keshavananda Bharati v. State of kerala,”observed, ”I am unable to
hold these provisions to show that rights are not natural or inalienable rights. As a
matter of fact India was a party to the Universal Declaration of Rights . . . and that
Declaration describes some fundamental rights as inalienable.”
23. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● DIRECTIVE PRINCIPLES OF STATE POLICY
❖ Judicially non-enforceable rights in Part IV of the Constitution are chiefly those of
economic and social character. However, Article 37 makes it clear that their judicial
non-enforceability does not weaken the duty of the State to apply them in making
laws, since they are nevertheless fundamental in the governance of the country.
❖ It seems parts III, IV and IV(a) of the Constitution heavily depend upon the judiciary
for their interpretation and application. The various ’reasonable restrictions’ clauses
in Part Ill, Article 21, and the seldom-used Part IV-A have given the judiciary ample
scope for the Judicial Review of administrative and legislative action. Indeed, Article
21 has allowed it to act as a catalyst in prodding the State to implement the directive
principles in so far as they directly bear upon ”life and personal liberty.”
24. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● HUMAN RIGHTS ACT, 1993
❖ The Human Rights Commission Bill introduced in the Lok Sabha on May 14, 1992
was referred to the Standing Committee on Home Affairs of the Parliament. The
President of India promulgated an Ordinance, which established a National
Commission on Human Rights on September 27, 1993, owinc to pressure from
foreign countries as well as from the domestic front. Thereafter, a Bill on Human
Rights was passed in the Lok Sabha on December 18, 1993 to replace the ordinance
promulgated by the President The Bill became an Act, having received the assent of
the President, or January 8, 1994 (Act 10 of 1994) and was published in the Gazette
of India, Extraordinary Part II, Section I, on January 10, 1994.
25. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● NHRC: Composition, Powers and Functions
❖ Chapter II of the Human Rights Act deals with the constitution of the National
Human Rights Commission (N.H.R.C.).
❖ Section 3 of the Act lays down that the Central Government shall constitute a body
known as the National Human Rights Commission. It shall consist of Eight members
as follows:
a) A Chairperson who has been a Chief Justice of the Supreme Court
b) One Member who is, or has been a judge of the Supreme Court
c) One Member who is, or has been, the Chief Justice of a High Court
d) Two Members to be appointed from amongst persons having knowledge of, or
practical experience in, matters relating to human rights.
26. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
❖ Powers and Functions
❖ The functions of the Commission are as follows:~
1. The Commission shall inquire suo motu or on a petition presented to it by a victim
or any person on his behalf into complaints of
(a) violation of human rights or abatement thereof or (b) negligence in the prevention
of such violation by a public servant.
2. It may intervene in any proceeding involving any allegation of violation of human
rights pending before a court with the approval of such court.
3.The Commission shall review the safeguard provided by or under the Constitution.
4.The Commission shall review the factors, including acts of terrorism.
5. Shall study the treaties and other international instruments on human rights and
make recommendations
27. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● Role of State HRC, NCW, NCM, SC/ST Commission
❖ The Protection of Human Rights Act of 1993 provides for the creation of State
Human Rights Commission at the state level. A State Human Rights Commission
can inquire into violation of human rights related to subjects covered under state list
and concurrent list in the seventh schedule of the Indian constitution
❖ According to the protection of Human Rights Act, 1993; State Human Rights
Commission is allowed to carry out all the function which are carried out by NHRC.
❖ SHRC has the similar powers and functions as of NHRC which it can execute on its
State level.
28. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● Role of Civil Societies and Media
❖ Campaigning is always the first step to a noble cause and aims at building awareness
among the masses. In a great country like ours, the largest democracy of the world,
campaign is the authentic way to social change. The mass media can be an
instrument for educators, educational institutions and Governmental and Non-
Governmental Organizations for the emancipation of Human Rights.
❖ Freedom of expression, and press freedom in particular is an important factor in
democracy because of the media’s ability to provide information which serve as link
between mass publics, elites and government.
❖ They can also elevate the credibility and authority of new politicians, thus
enhancing their acceptability by voters. It is therefore evident that the media are
useful in ensuring that there is a feasible mechanism for democracy to thrive.
29. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
BALLB / BBALLB (SEVENTH SEMESTER)
HUMAN RIGHTS LAW
UNIT IV
GROUP RIGHTS
30. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
GROUP RIGHTS
● RIGHTS AVAILABLE TO PRISONERS
❖ It is established that conviction for a crime does not reduce the person into a non-
person, so a prisoner is entitled to all the rights, which are generally available to the
non-prisoner.
❖ The Supreme Court of United States as well as the Indian Supreme Court held that
prisoner is a human being, a natural person and also a legal person. Being a prisoner
he does not cease to be a human being, natural person or legal person.
❖ Right to life and personal liberty : The Hon’ble Supreme Court has adopted
annotation of Article 21 and expanded connotation of “life” given by Field J.
31. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
❖ Right to live with human dignity : The Supreme Court held that right to life is one of
the basic human rights, guaranteed to every person by Article 21 and not even the
State has authority to violate it. A prisoner does not cease to be a human being even
when lodged in jail; he continues to enjoy all his fundamental rights including the
right to life.
❖ Right to speedy trial: The Supreme Court held that right to speedy trial is a part of
the fundamental right envisaged under Article 21 of the Constitution. Delay in
disposal of cases is denial of justice, so the court is expected to adopt necessary steps
for expeditious trial and quick disposal of cases.
32. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● RIGHTS AVAILABLE TO WOMEN
❖ Women and girls have the same fundamental human rights as men and boys have.
These rights are set out in the Universal Declaration of Human Rights, and more
explicitly referred to in the Convention on the Elimination of Discrimination Against
Women (CEDAW) and the Beijing Platform for Action.
❖ CEDAW, is the principal international instrument on the rights of women. The
Convention’s focus is on eliminating all forms of discrimination against women so
that substantive equality, which requires equality in practice and the elimination of
structural forms of inequality, can be achieved.
33. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
❖ The CEDAW describes the three obligations that are central to state parties’ efforts
to eliminate discrimination against women as:
❖ To ensure that there is no direct or indirect discrimination in their laws and that
women are protected against discrimination – whether committed by public
authorities, the judiciary, organisations, enterprises or private individuals – in the
public as well as the private spheres, by competent tribunals as well as by sanctions
and other remedies.
❖ To improve the de facto position of women through concrete and effective policies
and programmes.
❖ To address prevailing gender relations and the persistence of gender-based
stereotypes that affect women, not only through individual acts by individuals but
also in the law, and legal and societal structures and institutions.
34. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● RIGHTS AVAILABLE TO INDIGENOUS PERSON
❖ Right of self-determination of indigenous individuals and peoples.
❖ Rights of indigenous individuals and people to protect their culture through
practices, languages, education, media, and religion.
❖ Asserts the indigenous peoples’ right to own type of governance and to economic
development
❖ Health Rights
❖ Protection of subgroups ex. elderly, women, and children.
❖ Land rights from ownership (including reparation, or return of land) to
environmental issues
35. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● RIGHTS OF DISABLED PERSON
❖ A disproportionate number of persons with disabilities live in developing countries,
often marginalized and in extreme poverty.
❖ The protection guaranteed in other human rights treaties, and grounded in the
Universal Declaration of Human Rights, should apply to all. Persons with disabilities
have, however, remained largely ‘invisible’, often side-lined in the rights debate and
unable to enjoy the full range of human rights
❖ The Convention on the Rights of Persons with Disabilities, which was adopted in
2006 and entered into force in 2008, signalled a ‘paradigm shift’ from traditional
charity-oriented, medical-based approaches to disability to one based on human
rights..
36. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
❖ The Convention on the Rights of Persons with Disabilities offers sufficient standards of
protection for the civil, cultural, economic, political and social rights of persons with
disabilities on the basis of inclusion, equality and non-discrimination. It makes clear
that persons with disabilities are entitled to live independently in their communities, to
make their own choices and to play an active role in society.
❖ The Committee on the Rights of Persons with Disabilities (CRPD), a group of 18
independent experts (currently, most of them persons with disabilities), oversees
promotion and implementation of the Convention. The experts are nominated by
individual countries and then elected by the States that have ratified the Convention.
All States are obliged to report regularly to the Committee on how the rights embodied
in the Convention are being implemented in each of their countries.
37. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● RIGHTS OF SENIOR CITIZEN
❖ The International Bill of Rights As mentioned earlier, human rights are universal.
They apply to all human beings everywhere, regardless of their sex, age, religious
affiliation, disability, sexual orientation and other distinctions. Thus, the human
rights of all people, including older persons are tacitly protected in the Bill of Rights.
❖ Work-related rights (Articles 6–7)
❖ The rights to social security (Article 9)
❖ Right to an adequate standard of living (Article 11)
❖ Right to the highest attainable standard of physical and mental health (Article 12).
38. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
● RIGHTS AVAILABLE TO REFUGEES
❖ The concept of refugee protection is inseparable from the notion of human rights. In
other words, we can say that the contemporary refugee law evolved out of human
rights law and considered to be a part of international humanitarian law. The
international legal regime for the protection of refugees, whose basis is provided by
the 1951 Convention relating to the Status of Refugee and the 1967 Protocol.
❖ Once a person has been recognized as a refugee under the provisions of Convention,
he is entitled to residen e and a number of human rights without discrimination. The
rights enjoyed by refugees under this convention cover wide and diverse areas, such
as religious, economic, social, educational, cultural, fiscal and civil rights etc. The
1951 Convention and the 1967 Protocol constitute the most important codification
efforts of the rights of refugees.
39. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
❖ Determination of the personal status of a refugee by law of the country of his
domicile or, if he has no domicile, by the law of the country of his residence.
❖ The rights of acquisition of movable & immovable property through different mode.
❖ The same protection of industrial property such a s inventions, designs or models,
trademarks, trade names, and of rights in literary, artistic and scientific work.
❖ A refugee shall have right to free access to courts and to legal assistance.
❖ A refugee shall have right regarding association with nonpolitical and non-profit
making associations and trade unions.
❖ The application of its provisions to refugees without discrimination on the basis of
race , religion or country of origin.
❖ The refugees are to be accorded a treatment, at least as favourable a s is accorded to
the nationals.
40. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
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