This is the international human Right notes for the L.L.B exam on the topic of international human right.

1. Q 1 What is human right ? Position of human right in different
phases of the western tradition.
Q 2 International convention on political and civil rights
Q 3 Note on Universal Declaration of human rights
UDHR is considered to be the most important document as it consist all the
essential rights and has been ratified by every country in the world.
Practically no other international instrument can claim this honor. In short,
the UDHR has acquired a moral and political significance.It provides rights
which can be implemented both in present and in the future.
UDHR has helped to form other treaties like:
•The International Covenant on Economic, Social and Cultural Rights (1966).
•The International Covenant on Civil and Political Rights (1966).
•The Convention on the Elimination of All Forms of Discrimination Against
Women (1979).
•The Convention on the Rights of the Child (1989).
Important Rights mentioned Universal Declaration of Human Rights
(UDHR)
1)Right to Equality– is considered the most important right as it helps to
create a balanced society, a society where every individual is treated equally
and it also enlarges the scope of unity among its members. There are
different articles under UDHR which deals with equality, for example Article 1
of the UDHR provides that all the human beings are born free and are equal
in dignity and rights, Article 7 deals with equality before law and equal
protection against any discrimination, Article 10 provides that every
individual have equal opportunity for a fair and free public hearing by an
independent and impartial tribunal
2)Right to Freedom– Article 13(1), Article 19, Article 20(1), and Article
23(4) of the UDHR protects rights like freedom of movement, freedom of
speech and expression, freedom of peaceful assembly, freedom to form
Object 6
Object 7
Object 5
Object 4
Object 3
Object 2
Object 1

2. association and union, respectively. In Union Of India vs. Association For
Democratic Reforms And Another, the Supreme Court held that “article 19 of
universal declaration of human rights, 1948 (UDHR) recognizes right to
receive information, “everyone has right to freedom of opinion and
expression; this right includes freedom to hold opinions without interference
and to seek, receive and impart information and ideas through any area and
regardless of frontiers.” There is no gainsaying that without participation of
citizens, democracy is ineffective. To enable citizens to actively participate in
governance information should be made available”.
3) Right to life and liberty– UDHR states that every individual have the
right to life and liberty. These rights are provided since the very birth of an
individual and these rights are inalienable.
4) Protection from Slavery or Slave trade– slavery and slave trade was a
major issue. The Universal of Abolition of the Slave Trade in 1815 was the
first to voice this issue and since then 300 agreements were formulated to
abolish slavery. In the 19th century both England and USA had already passed
legislation to outlaw slave trade. In UDHR Article 4 clearly specifies “No one
shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms. Also Article 5 of UDHR protects from ill
treatment, torture or cruelty or kind of punishment.
5)Freedom of Conscience and Religion– religion is considered one of the
most sensitive topics, and UDHR quite rightly has recognized that every
individual has the freedom to practice any religion of their own choice, Article
18 states that “Everyone has the right to freedom of thought, conscience and
religion; this right includes freedom to change his religion or belief, and
freedom, either alone or in community with others and in public or private, to
manifest his religion or belief in teaching, practice, worship and observance”
6)Remedy for enforcement of right– Article 8 of UDHR seeks that every
individual has the right to get an effective remedy by the competent tribunal.

3. Q 4 All forms of discrimination against women?
How Powerful is the Convention on the Elimination of All Forms of
Discrimination Against Women
•It is built on three important principles: non-discrimination,
state obligation, and substantive equality.
•The convention has six parts, with the number of articles
totalling 30. The Parts are:-
1.Part I Focuses on non-discrimination, sex trafficking, and sex
stereotypes.
2.Part II Outlines the rights of women in the public sphere and
3.Part III Women's economic and social rights are described in
this part about education, employment, and health. It also
includes special protection to ensure the rights of rural women.
4.Part IV describes women's right to equality in family life and
marriage and equality before the law.
5.Part V This part establishes the Committee on the Elimination
of Discrimination against Women and states the procedure of
reporting parties.
6.Part VI - Describes how the convention affects other treaties,
state parties' commitment, and the administration of this
convention.

4. Q 6 International commission on human rights.
The United Nations Human Rights Council (UNHRC) is a UN body that fosters and
protects human rights all over the world.
Established in 15 March 2006, the Geneva, Switzerland headquartered
organisation has 47 members elected for 3 years on a regional basis.
Brief Overview of the UNHRC
The main objective of the United Nations Human Rights Council is to investigate
allegations of human rights abuse in member states of the United Nations and
ensure that the following human rights issues are addressed and upheld to the
maximum extent.
1.Freedom of assembly
2.Freedom of expression and free speech
3.Freedom of religion
4.Protection of women’s rights
5.Protecting rights of LGBT community and that of racial and ethnic minorities
The UNHRC was created under the auspices of the United Nations General
Assembly (UNGA) to replace the UN Commission on Humans rights due to the
reason that it was under severe criticism as its members were primary human
rights abusers themselves. The United Nations Human Rights Council works in
coordination with the Office of the High Commissioner for Human Rights (OHCHR).
Structure of the United Nations Human Rights Council
The UN General Assembly elects the members who will constitute the 47
members of the UNHRC. The members of the Council serve for a period of three
years and shall not be eligible for immediate re-election after two consecutive
terms.
These seats are distributed among the United Nations regional groups as follows:
1.Africa – 13
2.Asia – 13

5. 3.Eastern Europe – 6
4.Latin America – 8
5.Caribbean – 8
6.Western Europe – 7
7.Other Groups – 7
The UNGA has the power to suspend the rights of any Human Rights Council
member if it is found to have been constantly committing human rights violations
during its tenure. The suspension comes into effect with a ⅔ majority by the
General Assembly.
Regular sessions of the UNHRC are held during the months of March, June and
September.
A special session can be held at any time should the UNHRC deem it necessary or
at the request of the member states. As of May 2020, 28 special sessions have
been held.
For the smooth functioning of the United Nations Human Rights Council, the
following subsidiary bodies have been established which directly report to the
council:
Universal Periodic Review Working Group
The Universal Periodic Review Working Group monitors the progress review of all
193 UN members. The basis of a new mechanism is on reports from different
sources, among which is the contribution from NGOs. Each nation’s human rights
progression will be examined during a three-and-a-half-hour debate.
The first cycle of review took place between 2008 and 2011, the second between
2012 and 2016. The third cycle began in 2017 and is expected to be completed in
2021
Advisory Committee
In September 2007, the UNHRC created an Advisory Committee to provide expert
advice on various human rights issues. The composition of the Committee is as
follows:
1.Africa – 5
2.Asia – 5
3.Latin America and the Caribbean – 3

6. 4.Western Europe – 3
5.Eastern Europe – 2.
This task was earlier done by the Sub-Commission on the Promotion and the
Protection of Human Rights. It conducts studies on discriminatory practices on the
basis of race, religion, language ethnicity etc.
Find the list of Important Organisations and their Headquarters by visiting the
linked article.
Complaints Procedure
Established in 18 June 2007, the Complaints Procedure helps in reporting of
consistent and reliable reporting of human rights violations as well as that of other
fundamental freedoms from around the world.
It was two working groups to supplement the Complaint Procedure:
•Working Group on Communications (WGC): Consists of five experts designated by
the Advisory Committee from its members, selected from each regional group. Serving
for 3 years, the exerts determine whether a complaint deserves investigation.
•Working Group on Situations (WGS): Once the WGC decides a human rights
complaint needs to be investigated it is passed to this group. The WGS meets twice a
year to examine the replies of the concerned states, as well as the situations which are
already before the UNHRC under the complaint procedure.
Criticism of the UNHRC
Over the years the United Nations Human Rights Council has faced severe
criticism over ineffectiveness in solving human rights issues and electing
members whose human rights records are downright questionable. Some of these
members include Pakistan, Saudi Arabia, Russia, Venezuela etc.
Other issues include:
1. Biased focus on the Israeli-Palestine Conflict: The UNHRC is accused of an
anti-Israel bias as it passes resolutions that focus on alleged Israeli human rights
violations while ignoring similar allegations from the Palestinian side everytime
the council meets.

7. Foreign leaders have also shared the same opinion saying that the UN Human
Rights Council has resolved more resolutions condemning Israel than the rest of
the world combined.
2. Ignorance of other human rights issues: It was reported in 2008 that
certain that the UNHRC was being controlled by few Middle-East and African
nations with support from China and Russia, in order to shield each other from
criticism.
The UN Secretary G eneral Ban ki Moon noted this and said that while Israel has
been condemned many times, human rights issues in Darfur, Tibet, Pakistan and
Zimbabwe have been largely ignored. He urged the member nations to let go of
their ‘dop rhetoric and partisan posturing in order to be an unbiased body that
protects human rights around the world despite any political implications.
3. Members with Questionable Human Rights Records: Just like the UN
Commission on Humans rights, the UN Human Rights Council also elects members
like China, Pakistan and Russia who have poor or questionable track records on
Human rights. It raises questions on how effective or unbiased the organisation is.
It remains to be seen how effectively can the UNHRC shake off its criticism in the
coming years and become the organization that it was meant to be – an unbiased
protector of human rights.

8. Q 7 NGO ? Role of NGO in the protection of Human rights
Human rights are necessary for the survival of mankind. These rights protect our right
to freedom, right to life and liberty, freedom from slavery and torture, etc. These are
universally accepted principles governed by International law. However, there seems to
remain a gap between actual acceptance of these rights and laws which mention them.
Weaker sections of the society many times cannot cope with the existing legal structure
on human rights. Hence, this is where Non-Governmental Organisations (NGOs)
intervene.
Role of NGOs in protection of human rights
As mentioned above, the scope of NGOs has widened. The Vienna Conference in 1993
conducted by the United Nations, which was attended by roughly around 840 NGOs
around the world, pledged for a combined human rights mission. Human rights NGOs
work towards the betterment of humanity and help in providing assistance to victims
suffering from human rights violations, collecting information on persons violating
human rights and reporting the same to various agencies, spreading awareness, and
educating about the importance of human rights. In 2007, the United Nations
established the Human Rights Council for the protection of human rights around the
world. NGOs played an important role by participating in various discussions of the
Council. They were instrumental in bringing to the notice of the Council various human
rights violations around the world, suggesting different kinds of solutions, and
approving certain resolutions. They have been key for putting pressure on their
respective governments as well as the UN organs for the protection of human rights
above all.
Amnesty International
is one of the biggest human rights NGOs in the world. Founded in 1961, this
organisation has been pivotal in promoting the protection of human rights around the
world. AI has exposed human rights violations by governments, armed militias, political
groups, etc. the AI strictly adheres to the principles mentioned in the UDHR and ensures
that they are followed. In 1977, Amnesty International was awarded the Nobel Peace
Prize. Recent projects taken by the organization include ensuring human rights are not
violated in Israel and Palestine-occupied areas, pressing for an international
investigation into last year’s Beirut explosion in Lebanon, providing humanitarian aid to
war-torn Syria, helping with COVID-19 relief work, ensuring LGBTQ equality, and sexual
reproductive rights around the world.

9. Q 8 Discuss Human Rights Norms reflected in Indian
constitution.
Human Rights is a global term we hear often, but many people can’t define.  So the question is what are
human rights?  “Rights” are things we are allowed to be, to do or to have, simply by being human.
Human rights can be defined as  “...rights inherent to all human beings, whatever our nationality, place
of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all
equally entitled to our human rights without discrimination. These rights are all interrelated,
interdependent and indivisible.”  “All human beings are born free and equal in dignity and rights. They
are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”
Universal Declaration.
human rights” means the rights relating to life, liberty, equality and dignity of the individual guaranteed
by the Constitution or embodied in the International Covenants and enforceable by courts in India.  To
violate the most basic human rights; is to deny individuals their fundamental moral entitlements. It is, in a
sense, to treat them as if they are less than human and undeserving of respect and dignity.
Under constitution norms
The seven fundamental rights recognized by the Indian constitution are:  Right to equality: Which
includes equality before law, prohibition of discrimination on grounds of religion, race, caste, gender or
place of birth, and equality of opportunity in matters of employment, abolition of untouchability and
abolition of titles.
Right to freedom: Which includes freedom of speech and expression, assembly, association or union or
cooperatives, movement, residence, and right to practice any profession or occupation (some of these
rights are subject to security of the State, friendly relations with foreign countries, public order, decency
or morality), right to life and liberty, protection in respect to conviction in offences and protection against
arrest and detention in certain cases.
Right against exploitation: Which prohibits all forms of forced labour, child labour and traffic of human
beings  Right to freedom of religion: Which includes freedom of conscience and free profession, practice,
and propagation of religion, freedom to manage religious affairs, freedom from certain taxes and freedom
from religious instructions in certain educational institutes.
Cultural and Educational rights: Preserve the right of any section of citizens to conserve their culture,
language or script, and right of minorities to establish and administer educational institutions of their
choice.  Right to constitutional remedies: Which is present for enforcement of Fundamental Rights. 
Right to education: It is the latest addition to the fundamental rights
Right to Equality Article 14. Equality before law 14. Equality before law.—The State shall not deny to any
person equality before the law or the equal protection of the laws within the territory of India.

10. 21. Protection of life and personal liberty
22. Protection against arrest and detention in certain cases.—
Article 23. Prohibition of traffic in human beings and forced labour
Article 24. Prohibition of employment of children in factories, etc
Q 9 National commission for women.
The National Commission for Women was formed to establish an equal and just
livelihood for women by making legal and constitutional amendments for women
in India. Violence against Women is a fundamental violation of human rights,
across nations, societies, cultures and classes and to stop this violation of this
fundamental right; this Commission was formed.
Problems faced by the women in the country have been one of the biggest
concerns of the Government and other authorities. Over the years, many
Commissions have been set up by the Government to look into the welfare of
Women in the country. According to the reports of these commissions, all of them
state the necessity of setting up an apex body for reviewing and addressing the
grievances of women in the country. The demand for setting up a body persisted
for long and ultimately to keep the interest of the people, the National
Commission for Women Bill 1990 was introduced in the Lok Sabha on 22nd May
1990.
National Commission for Women
The National Commission for Women was set up in 1992 under the National
Commission for Women Act, 1990. This body was established to review the
constitutional and legal safeguards for women.
Composition of National Commission for Women
The Commission must consist of a minimum number of members which includes a
chairperson, a member secretary, and the other five members.

11. •Chairperson: The central government should nominate the chairperson.
•Five members: The five members are also to be nominated by the central
government from amongst the person of ability, integrity, and standing. They should
possess experience in various fields like law or legislation, trade unionism,
management of industry potential of women, women’s voluntary organization,
education, administration, economic development, and social well-being.
•Member Secretary: The Central Government also nominates a member secretary.
He/she should be either an expert in the field of management, an organization, or an
officer who is a member.
Functions of National Commission for Women
•Inquiry and Investigation
•The National Commission of Women enjoys the powers of a civil court. It
investigates and examines the matters related to the safeguards ensured for
feminine society under the Constitution of India. It takes complaints suo moto
notice of issues related to the non-implementation of laws and non-enforcement
of laws and non-compliance of policy decisions, guidelines enacted and aimed at
mitigating hardships ensuring the welfare and then takes up issues arising out of
matter with the concerned authorities.
•Action Research
•NCW members participate in the planning process of the socio-economic
development of women, propose measures to encourage their representation in
all spheres and review their advancement. It also examines the safeguards
provided for women in the Constitution and other laws study their working,
recommends amendments to meet any inadequacies or deficiencies, and
advocates measures for effective implementation.
•Legal Intervention
•The Parivarik Mahila Lok Adalat, (PMLA) is an innovative component with its
roots in the traditional Nyaya Panchayats. It is created by NCW for the redressal
and speedy disposal of cases. It has taken up 7500 cases so far. The essential
feature of PMLA is cordial mutual settlement and flexibility in implementation,
aiming to empower women in the justice delivery mechanism.
The Commission shall perform all or any of the following functions:
1.Investigation and Examination: Investigate and examine all the matters relating
to the safeguards provided for women under the Constitution and other laws
2.Presentation of Reports: Table reports to the Central Government, every year and
at such other times as the Commission may deem fit, reports upon the working of
those safeguards
3.Recommendations: Make such reports and recommendations for the effective
accomplishment of those safeguards for enhancing the conditions of the women by the
Union or any State.

12. 4.Review, every now and then, the current provisions of the Constitution and other
laws distressing women and prescribe alterations and suggest curative legislative
measures to meet any break, inadequacies, and incapacity in such legislation.
5.Cases of Violation: Take up cases of infringement of the provisions of the
Constitution and of other laws relating to women with the relevant authorities
6.Suo Moto Notice: It looks into complaints, and takes Suo Motto notice of matters
relating to – the deprivation of women’s rights, non-implementation of the laws, and
non-compliance of policy decisions guaranteeing the welfare of women’s society.
7.Special Studies and Investigation: It conducts special studies or investigations on
the concerning issues or circumstances emerging out of segregation and outrages
against ladies and recognizes the limitations to suggest techniques for their expulsion
8.Research: Undertake the promotional and educational research to propose ways of
ensuring due representation of women in all fields and identify the factors responsible
for impeding the support services and technologies for reducing drudgery and
professional health hazards and for escalating their efficiency.
9.Participation in all spheres particularly in Planning: take part and advice on
the planning process of socioeconomic development of women
10.Evaluation: assess the progress of the development of women’s society under the
Union and State.
11.Inspection: investigate or cause to be inspected a jail, remand home women’s
establishment or other places of guardianship where ladies are kept as detainees.
12.Funding: fund litigation, relating issues affecting a large body of women.
13.Reporting: make periodical reports on any issue about women and in particular
various difficulties under which women toil.
Drawbacks of National Commission for Women
•It has no actual legislative powers. It only has the powers to suggest amendments and
submit reports which are not obligatory on a state or union governments.
•It does not have the power to choose its own members. The power selecting members
is vested with the Union Government and the nature of the country’s volatile political
scenario tends the commission to be politicized.
•It is reliant on financial assistance from the Union Government and this could
compromise the independence of the Commission.
•The jurisdiction of the commission is not operating in Jammu and Kashmir and
considering the current political unrest and human rights infringements in the region,
the presence of the commission is vital.
List of Women-Specific Legislation
Multiple laws have been passed for the safety and rights of women in India. Below
is a list of a few such laws:

13. •The Immoral Traffic (Prevention) Act, 1956
•The Dowry Prohibition Act, 1961 (28 of 1961) (Amended in 1986)
•The Commission of Sati (Prevention) Act, 1987 (3 of 1988)
•The Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION and
REDRESSAL) Act, 2013
•The Criminal Law (Amendment) Act, 2013
•Protection of Women from Domestic Violence Act, 2005
•The Indecent Representation of Women (Prohibition) Act, 1986
Q 12 UNESCO
UNESCO
UNESCO is a specialised agency of the United Nations that works for world peace
through global cooperation in the fields of education, culture and the sciences.
•Through its programmes, it strives to achieve the Sustainable Development
Goals (SDGs).
•UNESCO develops educational tools so as to help humanity live in a world free of
intolerance and hate.
•It works in preserving the cultural heritage of the world’s many cultures and also
promotes the equal dignity of all cultures.
•It also engages in advancing scientific programmes and policies as platforms for
cooperation and development.
•UNESCO is also known for advocating the freedom of expression and stands up against
the killing of journalists.
•Although officially founded as UNESCO in 1945, the organisation had its origins in the
League of Nations itself. The Constitution of UNESCO came into force in 1946.
•Headquartered in Paris, UNESCO is also a member of the United Nations Development
Programme (UNDP).
•Currently, UNESCO has 193 members.
•The US, Israel and Liechtenstein are members of the UN, but not members
UNESCO.
•The US and Israel pulled out in 2019 citing bias in the organisation in the
Palestine issue.
•The US had pulled out of UNESCO once earlier in 1984 and then rejoined
in 2003.

14. •Three countries, namely, Palestine, Niue and the Cook Islands are members of
UNESCO, but not of the UN.
•UNESCO sponsors many programmes such as in the fields of teacher training, science,
promotion of media and press freedom, regional and cultural history, cultural diversity,
natural and cultural heritage, translating world literature, human rights, etc.
•UNESCO is headed by its Director-General.
•Culture Conventions of UNESCO: These conventions have helped in the protection
and preservation of the natural and cultural heritage of the world.
•Convention on the Means of Prohibiting and Preventing the Illicit Traffic of
Cultural Property (1970)
•Convention for the Protection of the World Cultural and Natural Heritage (1972)
•Convention on the Protection of the Underwater Cultural Heritage (2001)
•Universal Declaration on Cultural Diversity (2001)
•Convention for the Safeguarding of the Intangible Cultural Heritage (2003)
•Convention on the Protection and Promotion of the Diversity of Cultural
Expressions (2005)
•UNESCO is the only UN Agency to have a global network of national cooperating
bodies known as National Commissions for UNESCO.
UNESCO World Heritage Sites
UNESCO World Heritage Site is a site recognized by UNESCO as having a
distinctive cultural or physical significance, and which is considered of outstanding
value to humanity. There are more than 1000 heritage sites across 167 nations.
To know more about UNESCO World Heritage Sites, and the list of World Heritage
Sites in India, click here.
International Days observed at UNESCO
Through UNESCO, the United Nations designates specific days as occasions to
mark particular events or topics in order to promote, through awareness and
action, the objectives of the Organization.
Some of the International days observed by UNESCO is given in the table below:

15. Date Name
27 January International Day of Commemoration in Memory of the Victims of the Holocaust
13 February World Radio Day
8 March International Women’s Day
22 March World Water Day
23 April World Book and Copyright Day
3 May World Press Freedom Day
25 May Africa Day/ Africa Week
5 June World Environment Day
12 August International Youth Day
15 September International Day of Democracy
5 October World Teachers Day
16 November International Day for Tolerance
1 December World AIDS Day
To know more about other important international days and dates, visit the linked
article.
UNESCO and India
India is a founding member of UNESCO.
•The National Commission in India that works with UNESCO (as mandated by UNESCO’s
Constitution) is called the Indian National Commission for Cooperation with UNESCO
(INCCU).
•The INCCU comes under the Department of Secondary and Higher Education,
Ministry of Human Resource Development, GOI.
•UNESCO has its presence in India since 1948 and currently has two offices.
•India has been continuously re-elected to the Executive Board of UNESCO since 1946.

16. •Members are elected for four-year terms.
•India makes huge contributions to the organisation in the form of funds every year.
•A UNESCO Category I Institute dedicated to education for peace and sustainable
development was established in 2012 and is called the Mahatma Gandhi Institute of
Education for Peace and Sustainable Development (MGIEP).
•Located in New Delhi, It is the first and only category 1 Research Institute in the
Asia Pacific and focuses on achieving the SDG 4.7 towards education to foster
peaceful and sustainable societies.
•UNESCO’s most significant work in India relates to the cultural heritage of the country.
UNESCO works closely with the Ministry of Culture in this regard.
Q 13 National Human right commission.
Q 16 Role of supreme court in the protection and enforcement of
human rights.
Introduction:
The judiciary plays a vital role in protecting the fundamental rights of citizens in
India. The Constitution of India guarantees fundamental rights to its citizens under
Part III (Article 12 to 35). The judiciary, especially the Supreme Court, is the
ultimate protector and interpreter of these fundamental rights.
Body:
Role of Judiciary in Protecting Fundamental Rights
•The judiciary protects fundamental rights through various means such as writs,
public interest litigation (PIL), and judicial review.
•Interpreting and Enforcing the Constitution:
•The judiciary plays a key role in interpreting and enforcing the Constitution, which
serves as the supreme law of the land and provides for the protection of
fundamental rights.

17. •The courts are empowered to strike down laws or government actions that violate
constitutional provisions, including those related to fundamental rights.
•Providing Remedies for Violations of Fundamental Rights:
•The judiciary also provides remedies for violations of fundamental rights,
including the issuance of writs such as habeas corpus, mandamus, and certiorari,
which can be used to protect against unlawful detention, compel government
action, or review decisions of lower courts.
•The courts can award damages or other forms of relief to individuals whose
fundamental rights have been violated.
•Protecting Minorities and Marginalized Groups:
•The judiciary plays a critical role in protecting the rights of minorities and
marginalized groups, who may be particularly vulnerable to violations of
fundamental rights.
•For example, the courts can strike down laws or government actions that
discriminate on the basis of race, religion, or other characteristics protected by
fundamental rights provisions.
•Upholding International Human Rights Standards:
•The judiciary may also look to international human rights standards and treaties,
which may be incorporated into domestic law, when interpreting and enforcing
fundamental rights provisions.
•This can provide additional protections for individuals whose fundamental rights
are at risk of being violated.

18. •Serving as an Independent Check on Government Power:
•The judiciary serves as an independent check on government power, ensuring
that the executive and legislative branches do not overstep their constitutional
authority and infringe on fundamental rights.
Examples where Judiciary Protected Fundamental Rights:
•The judiciary has delivered several landmark judgments that have strengthened
the protection of fundamental rights, such as the Kesavananda Bharati case
(established the doctrine of basic structure of the Constitution), Puttaswamy
judgment (right to privacy).
•ADM Jabalpur case:
•The Supreme Court in the ADM Jabalpur case (1976) upheld the government's
right to detain citizens without trial during the Emergency, which was a blatant
violation of fundamental rights.
•NALSA Case:
•The judiciary has played a significant role in protecting the rights of marginalized
communities, such as the transgender community, through judgments such as the
National Legal Services Authority (NALSA) v. Union of India case (2014), which
recognized transgender persons as a third gender and granted them equal rights
and protection under the law.
•Shreya Singhal case:

19. •The judiciary has also protected the freedom of speech and expression through
landmark judgments such as the Shreya Singhal case (2015), which struck down
Section 66A of the Information Technology Act, 2000, which was used to suppress
free speech on the internet.
Conclusion:
The role of the judiciary in protecting fundamental rights is crucial to maintaining
the democratic fabric of India. The judiciary's independence, impartiality, and
activism are essential for safeguarding the rights of citizens.
The judiciary must continue to interpret fundamental rights in a progressive
manner to ensure that the Constitution remains relevant and effective in
protecting citizens' rights.
Q 18 ILO – International Labour Organation
The ILO is a meeting point for governments, workers and employers of ILO’s
member States to set labour standards, improve upon policies and create
programs that promote decent work for people.
The four strategic objectives at the heart of the Decent Work agenda
are:
•To develop and effectuate standards, fundamental principles, and fundamental rights
at work.
•To ensure that men and women have equal access to decent work while enhancing
opportunities for the same.
•To magnify the coverage and effectiveness of social protection for everyone.
•To strengthen Tripartism and social dialogue.

20. International Labour Organization (ILO) – Structure
The basis of the ILO is the tripartite principle. The ILO comprises the I
1) International Labour Conference, the 2) Governing Body, and the 3)
International Labour Office.
•International Labour Conference:
•The progressive policies of the ILO are set by the International Labour
Conference.
•The Conference is an annual event, which happens in Geneva, Switzerland. The
conference brings together all the representatives of the ILO.
•Function: It is a panel for the review of the important issues regarding labour.
•Governing Body:
•The Governing Body is the executive body of the International Labour
Organization.
•The governing body meets in Geneva. It meets three times annually.
•The Office is the secretariat of the Organization.
•It is composed of 56 titular members, and 66 deputy members.
•Makes decisions regarding the agenda and the policies of the
International Labour Conference.
•It adopts the draft Programme and Budget of the Organization for
submission to the Conference.
•Election of the Director-General.
•International Labour Office:
•It is the permanent secretariat of the International Labour Organization.
•Functions: It decides the activities for ILO and is supervised by the Governing
Body and the Director-General.
•The ILO member States hold periodically regional meetings to discuss
the relevant issues of the concerned regions.
•
The ILO plays an important role in the formulation of policies which are
focussed on solving labour issues. The ILO also has other functions, such
as:
•It adopts international labour standards. They are adopted in the form of conventions.
It also controls the implementation of its conventions.

21. •It aids the member states in resolving their social and labour problems.
•It advocates and works for the protection of Human rights.
•It is responsible for the research and publication of information regarding social and
labour issues.
•The Trade Unions play a pivotal role in developing policies at the ILO
•The ILO also assumes a supervisory role: it monitors the implementation of ILO
conventions ratified by member states.
•The implementation is done through the Committee of Experts, the
International Labour Conference’s Tripartite Committee and the member-states.
•Member states are obligated to send reports on the development of the
implementation of the conventions they have approved.
•Registration of complaints: The ILO registers complaints against entities that are
violating international rules.
•The ILO, however, does not impose any sanctions on the governments.
•Complaints can also be filed against member states for not complying with ILO
conventions that have been ratified.
•International Labour Standards: The ILO is also responsible for setting
International Labour Standards. The international labour conventions which are set by
the ILO are ratified by the member states. These are mostly non-binding in nature.
•But once a member state accepts conventions, it becomes legally binding. The
conventions are often used to bring national laws in alignment with international
standards.
•ILO Global Commission on the Future of Work: The formation of an ILO Global
Commission on the Future of Work marks the second stage in the ILO Future of Work
Initiative.
•The Commission outlines a vision for a human-centred agenda that is based on
investing in people’s capabilities, institutions of work and decent and
sustainable work.
•It also describes the challenges caused by new technology, climate change and
demography and appeals for a collective global response to the disturbances
being caused in the world of work.
International Labour Organization – Mission
The ILO’s mission is to promote decent work for all workers. This is accomplished
by promoting social dialogue, protection, and employment generation.
•The ILO provides technical support along with the support of development partners to
multiple countries in order to achieve this mission.
Why is the ILO important?
The ILO works to promote social justice at the workplace, as it believes that social
justice is the key to lasting peace. It also promotes employment generation and

22. the concept of decent work, while adhering to international labour and human
rights.
What are the principles of the ILO?
The ILO works for promoting internationally recognized human rights for the
workers. They have three primary principles which are based on freedom of
association, the abolition of child labour, and promoting social justice.
Q 20 UNICEF
UNICEF
UNICEF started as the International Children’s Emergency Fund (IECF) in 1946,
formed by the UN Relief Rehabilitation Administration in order to offer relief and
healthcare for affected children and mothers in the aftermath of the Second World
War.
UNICEF engages in fighting for the rights of children all over the world.
•It also works to provide safe shelter, healthcare, nutrition, education, equality and
protection from disaster and conflicts.
•Other areas the UNICEF works are providing vaccines, safe water and sanitation, HIV
prevention in mothers and babies, protecting children from violence and abuse, early
childhood development, adolescent health, etc.
•It also works in regions embroiled in humanitarian crises, to give relief and
rehabilitation.
Scope of UNICEF’s Work
•The work of the UNICEF includes:
•Child Development and Nutrition;
•Child Protection;
•Education;
•Child Environment;
•Polio Eradication;
•Reproductive and Child Health;
•Children and AIDS;
•Social Policy, Planning, Monitoring and Evaluation;

23. •Advocacy and Partnership;
•Behaviour Change Communication;
•Emergency Preparedness and Response.
Strengths and Weaknesses of UNICEF
Like many global organizations around the world, UNICEF has its fair share of
strengths and weaknesses. They are listed in brief below:
Strengths:
•UNICEF can impact major changes in strategy as well as practice, even though the
pace may be slow.
•It has become an authority on the education of girls, especially through its Child
Protection programmes and the UNAIDS.
•UNICEF has successfully made the shift from a needs-based, vertical sector
programme to a rights-based approach rooted in the Convention on the Rights of the
Child, although greater clarity on the implementation of rights-based programming at
country level is still required. Read more on the Convention on the Rights of the Child
in PIB dated 20 Nov, 2019.
•UNICEF plays a significant role in emergency response and it has improved by a huge
degree in emergency planning and preparedness.
•It has gender sensitive programming although it has miles to go in this regard.
•Security standards have been introduced and security capacity and communications
networks strengthened.
Weaknesses:
•Self-Image & criticising governments: UNICEF has the image of an agency that
keeps its distance, never directly pointing fingers at rogue governments, for fear of its
operations being shunted out of that country.
•Partnership: There has been a rapid increase in collaboration and diversification of
partnerships with civil society. Despite this, UNICEF priorities and strategies for
partnerships are limiting the scope for partnership.
•Bureaucracy and complexity: UNICEF is a largely bureaucratic organisation and
suffers from the problems associated with this such as wasteful spending, red tape,
etc.

24. UNICEF and India
UNICEF’s partnership with India began in 1949. Its first office was established in
New Delhi in 1952.
•The nodal agency in India for interacting with UNICEF is the GOI’s Ministry of Women
and Child Development.
•Currently, UNICEF works in 17 states with more than 400 staff members.
•UNICEF has been very active in India in the past many decades.
•Most of their work in the country is by partnering with the government in the
implementation of the various governmental schemes.
•Though initially, the organisation focused on providing medicines, equipment and
supplies, currently, it contributes in many broad areas such as providing low-cost,
nutritionally balanced food products from locally available food sources; giving training
to personnel engaged in child-care projects, sanitation, water supply, health and family
planning; and evolving simplified basic-educational kits, specially in the field of science
and technology.
•UNICEF’s priority in India is children in the age group 0 – 5 years since most deaths
happen within this group. For this, UNICEF seeks to work with mothers and ensure they
have access to adequate nutrition and healthcare.
•A second area of priority is to focus on vulnerable areas like slums, backward remote
areas, drought or flood-prone areas, etc.
•Another noteworthy point is that India is among the top donors to UNICEF.
•A problem encountered in the functioning of UNICEF in the country is that since it
works in tandem with government schemes, the execution is sluggish in pace.

25. Q 21 National commission for S.C and S.T
The National Commission for Scheduled Castes (NCSC) is a constitutional body
that works to safeguard the interests of the scheduled castes in India. It seeks to
offer the SC community protection from discrimination and exploitation, as well as
providing facilities to uplift the SC community. Article 338 of the constitution of
India deals with this commission.
National Commission for Scheduled Castes Functions
1.Monitoring and investigating all issues concerning the safeguards provided for the
SCs under the constitution.
2.Enquiring into complaints relating to the deprivation of the rights and safeguards of
the SCs.
3.Taking part in and advising the central or state governments with respect to the
planning of socio-economic development of the SCs.
4.Regular reporting to the President of the country on the implementation of these
safeguards.
5.Recommending steps to be taken to further the socio-economic development and
other welfare activities of the SCs.
6.Any other function with respect to the welfare, protection, development and
advancement of the SC community.
National Commission for Scheduled Castes
Composition
•National SC Commission Chairman: Shri Kishor Makwana
•Apart from the Chairman, there is a Vice-chairman and three other members.
NCSC History
•Initially, the constitution provided for the appointment of a Special Officer under
Article 338.
•This special officer was designated as the Commissioner for Scheduled Castes and
Scheduled Tribes.
•In 1987, the government, upon pressure from various Members of Parliament, decided
to form a multi-member commission for the welfare of the SCs and STs instead of a
one-member commission.
•The 65th Amendment to the constitution replaced the one-member system with a
multi-member National Commission for Scheduled Castes and Scheduled
Tribes. The Constitution (65th Amendment) Act 1990, amended Article 338 of the
Constitution. The newly formed National Commission for Scheduled Castes and

26. Scheduled Tribes consisted of 5 members apart from the Chairman and Vice-Chairman
of the Commission.
•The 89th Amendment in 2003 replaced this Commission with the following with effect
from 2004:
•National Commission for Scheduled Castes
•National Commission for Scheduled Tribes
•The first National Commission for Scheduled Castes was formed in 2004 under the
chairmanship of Suraj Bhan.
Q 22 Amnesty International.
Amnesty International (commonly known as Amnesty and AI) is a non-
governmental organization that works for the upliftment of human rights and has
a supporter list of close to 7 million around the world. There are members of
Amnesty International in more than 140 countries and territories around the
world.
Amnesty International (AI)
•Amnesty International is a worldwide movement of people who campaign for human
rights.
•Its members give freely of their time and energy in solidarity with the victims of
human rights violations.
•It is a campaigning organization.
•It researches, documents and reports on human rights abuses, but its work does not
end there.
•AI members take practical, effective action to stop these abuses.
•Amnesty International is organised to make it possible for ordinary people to speak up
– to protest on behalf of other human beings who are in danger.
•The work of Amnesty International is built upon international solidarity.
•Its members come from many different cultures and backgrounds, with widely
different beliefs, united by a determination to work for a world where everyone enjoys
human rights.

27. When was Amnesty International formed?
The Amnesty International was formed in July 1961, in London
How is Amnesty International Structured?
•Amnesty International is largely made up of voluntary members but retains a small
number of paid professionals. In countries in which Amnesty International has a strong
presence, members are organized as “sections”. Sections co-ordinate basic Amnesty
International activities normally with a significant number of members, some of whom
will form into “groups”, and professional staff.
•They also co-ordinate basic activities but have a smaller membership and limited staff.
•In countries where no section or structure exists, people can become “international
members”.
•Two other organizational models exist: “international networks”, which promote
specific themes or have a specific identity, and “affiliated groups”, which do the same
work as section groups but in isolation.
What is the objective of Amnesty International?
The main objective of Amnesty International is to conduct rigorous research and
initiate measures to prevent and end grave abuses of human rights and to provide
justice for the deprived section of the community.
The movement is organised to make it possible for ordinary people to speak up –
to protest on behalf of other human beings who are at risk of abuse.
What are the areas of work looked into by Amnesty International?
The major areas that are covered by Amnesty International include –
1.Women’s, children’s, minorities’ and indigenous rights
2.Ending torture
3.Abolition of the death penalty

28. 4.Rights of refugees
5.Rights of prisoners of conscience
6.Protection of human dignity.
Vision of Amnesty International
•Its vision is of a world in which every person enjoys all of the human rights enshrined
in the Universal Declaration of Human Rights and other international human rights
standards.
•In pursuit of this vision, AI’s mission is to undertake research and action focused on
preventing and ending grave abuses of the rights to physical and mental integrity,
freedom of conscience and expression, and freedom from discrimination, within the
context of its work to promote all human rights.
Q 24 Reflection of Internation Human rights in part IV of the
Indian Constitution.
Human Rights in Constitution of India
The Fundamental Rights of India is similar to the human rights mentioned in
Covenant on Civil and Political Rights, 1976 and Covenant on Economic,
Social and Cultural Rights, 1976.
These rights are taken from many sources which include the English Bill of
Rights, the American Bill of Rights and French Declaration of the Rights of
Man which also happens to be the source of UDHR. Fundamental rights in
India are the rights guaranteed under Part III (Articles 12-35) of the
Constitution of India. There are six fundamental rights recognised by the
Indian constitution:
•Articles 14-18: Right to equality,
•Articles 19-22: Right to freedom,
•Articles 23-24: Right against exploitation,
•Articles 25-28: Right to freedom of religion,
•Articles 29-30: Cultural and educational rights and
•Article 32 and 226: Right to constitutional remedies.

29. Relation between Human Rights in Constitution of India
The history of human rights can be traced thousand years ago from the
various legal, cultural, religious and society development the world have
gone through. There is proof of human rights evolving in various regimes. For
example, during the time of Prophet Mohammed, he formulated Constitution
of Medina in 622, and Magna Carta, 1215 which helped in the formation of
various constitutional rights in UK, USA and France.
This is the origin of human rights. But these rights did not receive much
importance and were violated multiple times because countries and rulers
were more into conquering places and establishing their power. Such acts of
the existing countries resulted in the World Wars. The International
organisations such as League of Nations in 1919 helped in ending WWI but it
failed to stop WWII. United Nations Organisations (UNO) established in 1945
helped in bringing peace which eventually led to an end of WWII. Later, UNO
worked for the worldwide development of rights which was known as Human
rights.
As a result, UNO formulated Universal Declaration of Human Rights (UDHR) in
1948 which is based on certain documents and they are Magna Carta (1689),
English Bill of Rights, the American Declaration of Independence, the
American Bill of Rights, and the French Declaration of the Rights of Man and
of the Citizen. UDHR was not legally binding on the States. As a result, they
formed two covenants which is legally binding on the States and the
covenants are as follows.
•Covenant on Civil and Political Rights, 1976
•Covenant on Economic, Social and Cultural Rights, 1976

30. Human Rights Vs. Fundamental Rights: Human Rights and
Constitution of India
From the table below, it is understood that Human Rights under the
Constitution of India are similar because they have been adopted from a
common source and this explains the reflection of UDHR on the Fundamental
Rights of India.
ARTICLE
FUNDAMENTAL
RIGHTS
COVENANT OF CIVIL AND
POLITICAL RIGHTS
Equality before law Article 14 Article 26
Prohibition on discrimination on grounds
of religion, race, caste, sex or place of
birth.
Article 15 Article 18
Freedom of speech and expression Article 19(1)(a) Article 19
Freedom of peaceful assembly Article 19(1)(b) Article 21
Freedom to form associations or unions Article 19(1)(c) Article 22
Freedom of movement within border Article 19(1)(d) Article 12
Protection in respect of conviction for
offences
Article 20 (1) Article 15
Protection of life and personal liberty Article 21 Article 6 and 9
Right against arbitrary arrest and
detention
Article 22 Article 14
Protection of slavery and forced labour Article 23 Article 8
Freedom of conscience and religion Article 25(1) Article 18
Right to privacy Article 21 Article 17
Right to education Article 21A
Article 13 and 14 (of the covenant on
economic, social and cultural rights)
Human Rights in Constitution of India
The Constitution of independent India came into force on 26th January. The
impact of the Universal Declaration of Human Rights on drafting part III of the
Constitution is apparent. India has acceded to the Universal Declaration of
Human Rights as well as to the subsequent International Covenants of
Economic, Social and Cultural rights and Civil & Political Rights adopted by
the Central Assembly of the United Nations.
The Preamble to the Constitution declares India to be a Sovereign, Socialist,
Secular and Democratic Republic. The term democratic denotes that the
Government gets its authority from the will of the people. It gives a feeling
that they all are equal irrespective of the race, religion, language, sex and
culture.

31. The Preamble to the Constitution pledges justice, social, economic and
political, liberty of thought, expression, belief, faith and worship, equality of
status and of opportunity and fraternity assuring the dignity of the individual
and the unity and integrity of the nation to aid its citizens.
Fundamental Rights – enshrined in Part III of the Constitution have emerged
from the doctrine of natural rights. Fundamental Rights are the modern name
for what have been traditionally known as Natural Rights. The Natural Rights
transformed into fundamen- tal rights operate as a constitutional limitation or
a restriction on the powers of the organs set up by the Constitution or the
State action.
Judicial Review, Justiciability or Enforcement became an insepa- rable
concomitant of fundamental rights. As no right of freedom can be absolute,
limitations have been imposed to each fundamen- tal right in the interest of
securing social justice. Enforcement of fundamental rights can even be
suspended or prevented in an emergency.
PROTECTION OF HUMAN RIGHTS- Education about Human Rights should
become a part of the general public education.Technical and financial
assistance should be provided to increase knowledge about human rights.
Police members and security forces have to be trained to ensure the
observation of human rights standards for law enforcement. Law that makes
human rights violations illegal,should be created and existing law should be
implemented. Policies and programs should be adopted to ensure people
have access to their rights.
Proper reservations in politics and public life should be provided by the
Government. Government should provide that women have the same rights
as men regarding the nationality of their children. Government should work
against the trafficking of women and exploitation of prostitution of women. To
violate the most basic human rights; is to deny individuals their fundamental
moral entitlements. It is, in a sense, to treat them as if they are less than
human and undeserving of respect and dignity.
Recent Events of Violation of Human Rights under Constitution
of India
Limits on free speech and attacks on religious minorities, often led by
vigilante groups that claim to be supporters of the ruling Bharatiya Janata
Party (BJP), are an increasing concern in India. In 2016, students were
accused of sedition for expressing their views; people who raised concerns

32. over challenges to civil liberties were deemed anti-Indian; Dalits and Muslims
were attacked on suspicion they had killed, stolen, or sold cows for beef; and
nongovernmental organizations (NGOs) came under pressure due to India’s
restrictive foreign funding regulations. A crackdown on violent protests in
Jammu and Kashmir beginning in July killed over 90 people and injured
hundreds, fueling further discontent against government forces. Impunity for
police and security forces largely continued amid new allegations of torture
and extrajudicial killings, including reports of sexual assault and other abuses
by security forces in the central Indian state of Chhattisgarh.
Case laws dealing with Human Rights in Indian Constitution
The following cases highlight few instances where human rights were the
base for formulating landmark decisions. It is necessary to protect the rights
of women, transgender, LGBTQ, etc. The legal world should meet the needs
and demand of public accordingly as the world is not static.
MC Mehta v. Union of India (1986)
This is a landmark case that highlighted the concept of Right to Life.
This case is about the escape of Oleum gas from Shriram Food and
Fertilisers Ltd at Delhi. This case got its momentum because it happened
after one year of Bhopal Gas Tragedy and it was the need of the hour to
formulate a new law so that none of them escapes liability. Hence, absolute
liability was established. This extended also the scope of Article 21 and
Article 32.
Air India v Nargesh Meerza (1981)
In Air India v Nargesh Meerza, regulations 46 and 47 of the Air India
Employees Service Regulations were challenged. These Service Regulations
created major differences in the salaries and designation of male and female
in-flight cabin crew. The male cabin crew were referred to as “Air Flight
Pursers” and the female cabin crew as Air Hostesses.
According to Regulation 46, Flight Pursers have a retirement age of 58 years.
Air Hostesses were required to retire on the grounds of marriage, first
pregnancy or 35 years of age, whichever occurred earlier. According to
Regulation 47, it was under the discretion of the Managing Director to extend
a person’s job. Such regulations were violative of Article 14, 15(1) and 16(2)

33. Naz foundation v. Govt of NCT of Delhi and Ors (2009)
A PIL was filed before the Court by Naz for the Rights of LGBTs because
sexual acts between same sex were considered to be an offence under Sec
377 of IPC. Naz considered this as violative of Article 14, 15, 19 and 21 of the
constitution. This case was filed due to the continued discrimination of the
gay and transgender community in India.
Here, the Court stated that the part which decriminalised consensual
homosex was unconstitutional and stressed upon the importance of
upholding the values of equality, tolerance and inclusiveness in Indian
Society. But this judgment was overruled in 2013 by the Supreme Court of
India.
NALSA v. Union of India (2014)
This is a landmark decision where the Supreme declared transgender people
as the ‘third gender’. Transgender will also be able to enjoy the fundamental
rights granted under the Constitution of India and gave them the right to self-
identification of their gender as male, female or third gender. Moreover, the
court also held that transgender are minorities so they were granted
reservations in admissions to educational institutions and jobs.
Navtej Singh Johar v. Union of India (2018)
This case finally settled the position of Sec.377 and stated that this section is
violative of the rights enshrined under Article 14, 15, 19 and 21. This case
decriminalised consensual sex between consenting adults.
Joseph Shine v. Union of India (2018)
A writ petition was filed under Article 32 challenging the constitutional
validity of Section 497 of IPC read with Section 198 of CrPC being violative of
Article 14, 15 and 21.
Q 26 UN Child Right Convention
The UNCRC is a human rights treaty that sets the political, civil, economic, social,
health and cultural rights of children.
•It is an international agreement that is legally binding on the members.
•It consists of 54 articles that spell out various children’s rights and also the measures
governments should take in order to make these rights available to children.
•The CRC was adopted by the United Nations in 1989. It entered into force in 1990 after
receiving the minimum of 20 ratifications.

34. •It has been ratified by all members of the UN except for the United States. It is the
most widely ratified human rights treaty in the history of the world.
•Under the articles of the convention, all parties to it are required to ensure that
children’s basic needs are fulfilled and they are able to reach their full potential.
Rights of the Child
The convention identifies a child as a human being below the age of 18. The CRC
acknowledges that every child is entitled to fundamental rights, and some of the
most important rights are as follows:
1.Right to life, survival and development.
2.Right to education that facilitates them to reach their full potential.
3.Right to protection from abuse, violence or neglect.
4.Right to express opinions and be heard.
5.Right to be raised by or have a relationship with their parents.
What are the 4 core principles of the Convention on the Rights of
the Child?
1.Non-discrimination
2.Right to life, survival and development
3.Best interests of the child
4.Respect for the child’s views

35. Q 27 Classification of Human Rights.
Types of Human Rights
There are five types of human rights, Civil, Political, Economic, Social and
Cultural Human rights.
1) Civil Rights– These individual civil rights include life, liberty, security of
people, privacy freedom of movement, speech, thought conscience,
subjecting no one to arbitrary arrest, detention or exile, practicing religion
and beliefs etc.
2) Political rights– These involve right to expression, assembly and
association, right to participate in government affairs. It also involves the
right of universal and equal suffrage and entitlement of right to a nationality.
Right to life, personal liberty, and security (Article 3)
•Freedom from slavery (Article 4)
•The prohibition against torture and inhuman treatment (Article 5)
•Equality before the law and equal protection (Article 7)
•Remedy before national tribunals (Article 8)
•Freedom from arrest, which is arbitrary in nature (Article 9)
•Right to a fair trial and public hearing by an impartial tribunal (Article 10)
•Freedom from ex-post-facto laws (Article 11)
•Right to privacy (Article 12)
•Right to nationality (Article 15)
•Right to own property (Article 17)
•Right to freedom of religion and conscience (Article 18)
•Freedom of expression (Article 19)
•Freedom to conduct a peaceful assembly (Article 20)
•Take part in government activities (Article 21)

36. 3) Economic Rights–These are the rights which are essential to lead a
healthy life.
These rights have been included in Charter on the Human Rights as well like
the right to own property, right to social security, right to work, right of equal
pay for equal work without discriminating on various kinds of parameters.
Right to social security (Article 22)
•Right to work and choice of employment (Article 23)
•Right to rest (Article 24)
•Right to standard living and health (Article 25)
•Right to education (Article 26)
•Freedom to participate in cultural life (Article 27)
•Right to social and international order (Article 28)
4) Social Rights– These rights govern the smooth functioning of the society.
Right to marry and set up a family, right to free and compulsory education
etc. constitute a part of the social rights.
5) Cultural rights– Man is a social animal and hence these rights are
deemed necessary. Everyone has the right to participate in cultural activities.
Denial of these rights result in infringement of human rights which is against
the law.
Q 28 State human rights commission.
Overview of the State Human Rights Commission
The Protection of Human Rights Act of 1993 provides for the creation of not only
the National Human Rights Commission but also a State Human Rights
Commission at the State Level.
A State Human Rights Commission can inquire into violation of human rights only
in respect of subjects mentioned in the State List (List-II) and the Concurrent List
(List-III) of the Seventh Schedule of the Constitution of India.

37. The Central Government may confer upon the State Human Rights Commissions
the functions relating to Human Rights except the Union Territory of Delhi. Such
functions for New Delhi are dealt with by the National Human Rights Commission.
Composition of the States Human Rights Commission
The State Human Rights Commission is a multi-member body consisting of a
chairperson and two members. The chairperson should be a retired Chief Justice
or a Judge of a High Court and members should be serving or retired judge of a
High Court or a District Judge with a minimum of seven years experience as
District Judge and a person having knowledge or practical experience with respect
to human rights.
•The Chairperson and members are appointed by the Governor on the
recommendations of a committee consisting of the chief ministers as its head, the
speaker of the Legislative Assembly
•The chairperson and members hold office for a term of three years or until they attain
the age of 70 years, whichever comes first.
•Although the chairperson and members of a State Human Rights Commission are
appointed by the governor they can only be removed by the President (and not by the
Governor).
The functions of the States Human Rights Commission are as follows:
•To inquire into any violation of human rights or negligence in the prevention of such
violation by a public servant, either suo motu or on a petition presented to it or on an
order of a court.
•To intervene in any proceedings involving allegations of violation of human rights
pending before a court.
•To visit jails and detention places to study the living conditions of inmates and make
recommendations thereon.
•To review the constitutional and other legal safeguards for the protection of human
rights and recommend measures for their effective implementation.
•To review the factors including acts of terrorism that inhibit the enjoyment of human
rights and recommend remedial measures.
•To undertake and promote research in the field of human rights.
•To spread human rights literacy among the people and promote awareness of the
safeguards available for the protection of these rights.

38. Working of the States Human Rights Commission
The Commission is vested with the power to regulate its procedure. It has all the
powers of a civil court and its proceedings have a judicial character. It may call for
information or reports from the state government or any other authority
subordinate hitherto. The Commission is not empowered to inquire into any
matter after the expiry of one year from the date on which the act constituting a
violation of human rights is alleged to have been committed.
The Commission may take any of the following steps during or upon the
completion of an inquiry:
•It may recommend the state government or authority to make payment of
compensation or damages to the victim.
•It may recommend to the state government or authority the initiation of proceedings
for prosecution or any other action against the state government.
•It may recommend the state government or authority for the grant of immediate
interim relief to the victim.
•It may approach the Supreme Court or state high court for the necessary direction,
order or writs.