All questions of Unit 4 - Human Rights in India for Humanities/Arts Exam

Commission for Schedules Tribes

The Constitutional authority responsible for identifying Scheduled Tribes in India is the Commission for Scheduled Tribes. The Commission for Scheduled Tribes is a constitutional body established to safeguard the rights and interests of Scheduled Tribes in India.

Role of the Commission for Scheduled Tribes

The Commission for Scheduled Tribes plays a crucial role in identifying communities that qualify for Scheduled Tribe status based on certain criteria such as social, economic, and political indicators. The commission conducts thorough research and consultations with various stakeholders to determine the eligibility of a community to be classified as a Scheduled Tribe.

Constitutional Provisions

The Constitution of India under Article 338 provides for the establishment of a National Commission for Scheduled Tribes, which is responsible for addressing various issues related to the welfare and development of Scheduled Tribes. The commission has the authority to identify and recommend the inclusion or exclusion of communities from the list of Scheduled Tribes.

Significance of the Commission

The Commission for Scheduled Tribes plays a crucial role in ensuring the protection and promotion of the rights of Scheduled Tribes in India. By accurately identifying and recognizing Scheduled Tribes, the commission helps in addressing the social, economic, and political marginalization faced by these communities.

In conclusion, the Commission for Scheduled Tribes is the constitutional authority entrusted with the responsibility of identifying Scheduled Tribes in India. Through its research, consultations, and recommendations, the commission plays a vital role in safeguarding the rights and interests of Scheduled Tribes in the country.

The Universal Declaration of Human Rights proclaims that all human beings are born free and equal in dignity and rights.

The correct answer is option 'B': The Universal Declaration of Human Rights consists of 30 rights.

Explanation:

The Universal Declaration of Human Rights (UDHR) is a milestone document adopted by the United Nations General Assembly on December 10, 1948. It sets out the fundamental rights and freedoms to which all individuals are entitled, regardless of their nationality, race, gender, or other characteristics.

The UDHR is composed of 30 articles, each expressing a specific right or freedom. These articles outline the basic principles of human rights that should be universally recognized and respected. Here is a breakdown of some key points regarding the 30 articles:

1. Purpose and Equality:
- The UDHR preamble emphasizes the importance of promoting and protecting human rights.
- It states that all human beings are born free and equal in dignity and rights.

2. Categories of Rights:
- The 30 articles are divided into different categories of rights, including civil, political, economic, social, and cultural rights.
- These categories reflect the multidimensional nature of human rights and recognize that individuals are entitled to various aspects of well-being and freedom.

3. Examples of Rights:
- The articles cover a wide range of rights, including the right to life, liberty, and security of person (Article 3); the prohibition of torture and cruel, inhuman, or degrading treatment or punishment (Article 5); the right to freedom of thought, conscience, religion, and expression (Articles 18 and 19); and the right to education (Article 26), among others.

4. Universality and Non-Discrimination:
- The UDHR asserts that human rights are universal and should be applied without discrimination.
- It emphasizes that everyone is entitled to the rights and freedoms set forth in the declaration, regardless of their race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.

In summary, the Universal Declaration of Human Rights comprises 30 articles that articulate the fundamental rights and freedoms to which all individuals are entitled. These rights cover a wide range of aspects and are applicable to everyone, without any form of discrimination.

National Commission for Minorities Powers
The National Commission for Minorities, like the National Human Rights Commission, is vested with powers of a Civil Court. This means that the Commission has the authority to summon and enforce the attendance of witnesses, examine them on oath, require the discovery and production of documents, receive evidence on affidavits, and issue commissions for the examination of witnesses or documents.

Comparison with a Criminal Court
While the National Commission for Minorities does not have the powers of a Criminal Court, such as the ability to punish individuals for criminal offenses, it does have the authority to conduct inquiries into complaints regarding deprivation of rights and safeguards of minorities and to recommend measures for their effective implementation.

Role in Safeguarding Minority Rights
The Commission plays a crucial role in safeguarding the rights of minorities in India by investigating complaints of discrimination, harassment, or violence against minority communities. It also works towards promoting the socio-economic development of minorities and ensuring their representation in various sectors of society.

Importance of Civil Court Powers
The powers of a Civil Court enable the National Commission for Minorities to effectively carry out its mandate of protecting the rights and interests of minority communities in the country. By having the authority to summon witnesses, gather evidence, and issue recommendations, the Commission can address grievances and advocate for the rights of minorities in a legal and structured manner.

Right to Education
The UDHR, in Article 26, recognizes the right to education as a fundamental human right. Education is essential for the realization of all other human rights, as it empowers individuals to participate fully in society. Here are some key points to consider:

Importance of Education
Education is crucial for personal development, social progress, and economic growth. It provides individuals with the knowledge and skills needed to make informed decisions, access opportunities, and contribute meaningfully to their communities.

Equal Access to Education
Article 26 emphasizes that education should be accessible to all without discrimination. This means that everyone, regardless of their background or circumstances, should have the opportunity to receive a quality education. Governments have a responsibility to ensure that education is available, affordable, and of good quality for all individuals.

Quality of Education
In addition to access, the UDHR also highlights the importance of the quality of education. Education should be comprehensive, inclusive, and relevant to the needs of individuals and society. It should promote critical thinking, creativity, and respect for human rights and diversity.

Role of Governments and Society
Governments have a duty to provide and regulate education systems that uphold the right to education. They should allocate sufficient resources, promote educational opportunities for marginalized groups, and ensure that schools are safe and inclusive environments for learning. Society as a whole also plays a role in supporting education through advocacy, collaboration, and investment in lifelong learning opportunities.
In conclusion, the right to education is a cornerstone of human dignity and well-being. By recognizing and promoting this right, we can create a more just, prosperous, and sustainable world for all individuals.

Level of Guilt or Liability in a Civil Case

In a civil case, the level to which guilt or liability needs to be proven is on the balance of probabilities. This means that the party bringing the claim must establish that it is more likely than not that the defendant is responsible for the alleged harm. This standard is lower than the criminal standard of proof, which is beyond reasonable doubt.

Explanation:

1. Civil Case vs. Criminal Case:
It is important to understand the distinction between a civil case and a criminal case. In a civil case, two parties are involved in a legal dispute, usually seeking compensation or resolution of a private matter. On the other hand, a criminal case is brought by the government against an individual or entity accused of committing a crime.

2. The Balance of Probabilities:
In a civil case, the burden of proof rests on the party bringing the claim, known as the plaintiff. The plaintiff must establish their case on the balance of probabilities, which means that it is more likely than not that their version of events is true. This standard requires the court to assess the evidence and determine which side has provided the most persuasive case.

3. Lower Standard than Criminal Cases:
The balance of probabilities standard is lower than the standard of proof required in criminal cases, which is beyond reasonable doubt. Beyond reasonable doubt means that there is no other logical explanation based on the evidence except that the defendant is guilty. It is a higher standard and requires a much higher degree of certainty.

4. Preponderance of Evidence:
In a civil case, the plaintiff must convince the court that their version of events is more likely to be true than the defendant's. This does not mean that the plaintiff needs to prove their case beyond any doubt whatsoever or that they need to prove every single detail. Rather, they must provide enough evidence to establish a preponderance of evidence in their favor.

Conclusion:
In summary, in a civil case, guilt or liability needs to be proven on the balance of probabilities. This standard requires the plaintiff to establish that it is more likely than not that the defendant is responsible for the alleged harm. It is a lower standard than the criminal standard of proof, which is beyond reasonable doubt.