Human Rights in India Chapter Notes | Legal Studies for Class 12 - Humanities/Arts PDF Download

Introduction

Instead of organizing topics around specific themes like children, women, Dalits, adivasis, religious minorities, environment, or citizens in general, the content is structured based on the legal framework and provisions.

• Various themes, including child marriage and Dalits, are discussed within the context of legal provisions and frameworks concerning human rights laws in India.
• For instance, the topic of the 'right to equality' in the Constitution includes discussions on sub-themes like child marriage and Dalits.

1. Historical Context

• Human dignity and well-being are inherent principles recognized by various religious and social traditions and philosophical writings.
• Modern society has recognized these principles as human rights, entitlements that must be recognized and protected.
• The modern concept of human rights emerged from Western politics and philosophy.
• Examples of early human rights laws include the Magna Carta of 1215 and the English Bill of Rights of 1689.
• These laws granted rights such as the right to legal trial and protection from arrest and imprisonment without due process.
• The English Bill of Rights of 1689 was an agreement that prevented the King from abusing Protestants.
• The Bill included provisions like the prohibition of the Crown from levying money and the right to petition the King.
• It also ensured a fair trial and protection from cruel and unusual punishments or excessive fines.
• Parliamentary privileges were also included in the Bill.
• Western thinkers like John Locke, Jean-Jacques Rousseau, and Thomas Paine contributed significantly to the definition of human rights.
• Modern constitutions of democratic countries have adopted human rights as guiding principles.
• The United States and France are among the earliest and most influential examples.
• The American Declaration of Independence in 1776 recognized values such as equality and unalienable rights to life, liberty, and the pursuit of happiness.
• The French Declaration of the Rights of Man and the Citizen in 1789 laid the foundation for human rights principles still in use today.
• This includes recognition of the inherent dignity and equal and inalienable rights of human beings.
• These declarations form the basis for achieving freedom, justice, and peace in modern democratic states.

2. International Human Rights 

• In 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR) as a common standard for all people and nations.
• The UDHR defines various human rights applicable to all, including fundamental civil, political, economic, social, and cultural rights.
• Key rights include freedom of speech, assembly, conscience, religion, right to education, right to life, liberty and security of person, equality, and freedom from discrimination.
• The UDHR has been adopted by almost all UN member states to respect and protect basic human rights values.
• The UN has also adopted a series of international laws to protect human rights.
• Many countries have incorporated these rights in their constitutions and domestic laws.
• Complaint mechanisms are available to ensure these rights are respected and enforced by signatory countries.

Constitutional Framework and Related Laws in India 

Like in many other countries (e.g., the US, South Africa, and so on), in India, too human rights are rooted in the Constitution. The Indian constitutional human rights framework involves the following parts:

1. The Preamble 

• The Constitution of India starts with a preamble that outlines its aims, goals, and guiding principles.
• These principles are used to interpret the parts of the Constitution that are unclear.
• The basic structure of the Constitution includes features like democracy, rule of law, secularism, separation of powers, and judicial review.
• This basic structure cannot be changed by the Parliament.
• These principles are reflected in the preamble.

The Preamble states as follows:

 "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

 JUSTICE, social, economic and political;

 LIBERTY of thought, expression, belief, faith and worship;

 EQUALITY of status and of opportunity and to promote among them all;

 FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; 

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."

2. Part III - Fundamental Rights 

Articles 12-35 in Part III of the Constitution contain the provisions on fundamental rights. The salient features of fundamental rights are:

• Fundamental rights in India can be enforced by the higher courts.
• The right to petition the Supreme Court for enforcement of fundamental rights is provided in Article 32.
• Article 13 prohibits laws made by the State or other authorities that contradict or breach fundamental rights.
• Fundamental rights are mostly enforceable against the State, but in some cases against private persons.
• The term 'State' includes the Government, Parliament, State Legislatures, local bodies, and other state-run organizations like Indian Oil Limited, Delhi Jal Board, etc.

1. Right to Equality 

• Article 14 of the Indian Constitution provides the right to equality before the law.
• It ensures equal protection of the law to all citizens.
• Prohibits discrimination based on religion, race, caste, sex, or place of birth.
• Everyone is treated equally by the law, regardless of their status or background.
• Equality allows for differentiation in treatment between those who are similarly placed and those who are not.
• The principle of equality is applied in laws such as the Prohibition of Child Marriage Act.
• The marriage age for girls is set at 18 and for boys at 21, drawing a distinction based on age.
• This distinction is made without regard to religion, race, caste, sex, or place of birth.
• Discrimination & access to public places- Article 15 of the Indian Constitution prohibits discrimination based on religion, race, caste, sex, or place of birth by the State and individuals, and prohibits restrictions on access to public places such as shops, restaurants, hotels, wells, and roads.
• Reservation and affirmative action- Article 16 provides equality of opportunity in public employment and prohibits discrimination based on religion, race, caste, sex, descent, place of birth, or residence. It allows for reservation or affirmative action programs for government jobs for underrepresented groups such as Schedule Castes and Scheduled Tribes.
• Abolition of untouchability- Article 17 abolishes the practice of untouchability and makes it illegal. The article is enforceable against both the State and private individuals and can be punished under special laws like the Protection of Civil Rights Act, 1955, and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. These laws aim to prevent harassment and abuse of Dalits and Adivasis by the State or private individuals.

2. Right to Freedom 

Freedoms- Article 19 prescribes and protects the following kinds of freedoms to all citizens: 

• Freedom of speech and expression. 
• Freedom to assemble peaceably and without arms. 
• Freedom to form associations or unions. 
• Freedom to move freely throughout the territory of India. 
• Freedom to reside and settle in any part of the territory of India; and 
• Freedom to practice any profession, or to carry on any occupation, trade or business.

• Reasonable Restrictions- However, Article 19 also provides 'reasonable restrictions' on these freedoms, which means that these rights are conditional. The State can 'reasonably' limit or take away the right to 'freedom of speech and expression' 

• Rights of persons accused of crimes-  Article 20 provides safeguards for individuals who are accused of committing a crime. This article sets the standard for human rights within the criminal justice system and gives rights to those accused of crimes.
  
  Firstly, no one can be found guilty of an act that is not considered a crime by any existing law at the time of the act. For example, the Indian Penal Code's section 377 considered consensual same-sex conduct a crime, but in 2009 the Delhi High Court declared it unconstitutional. However, in 2013, the Supreme Court reversed this decision. In this case, the sodomy law will not apply to consensual same-sex conduct committed in 2011 but will apply to conduct after the Supreme Court's decision in 2013. Article 20 also prevents the application of laws retrospectively or prospectively.
  
  Secondly, the article states that anyone who is convicted of a crime should not receive a harsher penalty than what is defined in the law at the time of the offense.
  
  Thirdly, the article ensures that an individual cannot be prosecuted or punished more than once for the same crime.
  Fourthly, it provides that no accused person can be forced to be a witness against themselves, protecting their right against self-incrimination. An accused person may voluntarily provide information, but cannot be made to incriminate themselves. All accused individuals have a right to a fair trial.
  
  
• Right to life and personal liberty- Article 21 of the Indian Constitution guarantees the right to life and personal liberty, which includes the right to human dignity, basic requirements of life, participation in activities and expression, tradition, heritage, and culture, among others. This right applies to both citizens and non-citizens. A person can be deprived of their life or personal liberty only through a fair and reasonable procedure established by law. For example, the Indian Penal Code allows for the death penalty in the rarest of rare cases, with established procedures and appeals if the waiting period is more than five years.
  
  
• Right to education- Article 21A provides the right to free and compulsory education to all children between the ages of 6 and 14 in India. Prior to 2002, this right was only a policy goal and not enforceable in court. In 1992-93, the Supreme Court ruled that denying education is equivalent to denying the right to life, making education a fundamental right. Article 21A was added in 2002 to enforce this right, however implementing it requires significant financial and budgetary expenditures from the state, which has been inadequate thus far.
  
  
• Protection against arrest and detention- Article 22 provides rights to arrest and detention protection, including 1) the requirement to provide grounds for arrest, 2) the right to consult and be defended by a legal practitioner, 3) production before a magistrate within 24 hours, and 4) prohibition on detention beyond 24 hours without a magistrate's authority.

3. Right against exploitation

• Prohibition of traffic in human beings and forced labor- Article 23 prohibits human trafficking, begging, and forced labor. 
• Prohibition of employment of children in factories, etc. - Article 24 prohibits employment of children below the age of fourteen years in factories, mining, and other hazardous employment. 

4. Right to Freedom of Religion 

• Freedom of conscience and free profession, practice, and propagation of religion- Article 25 of the Indian Constitution guarantees freedom of conscience and the right to practice, propagate, and profess religion, as long as it does not pose a threat to public order, morality, and health. The Supreme Court has stated that religious practices should not disturb others, and the state may regulate or restrict secular activities related to religion. The state may also provide social welfare and reforms in Hindu, Sikh, Jain, or Buddhist religious institutions, and ensure open access to religious institutions for all classes and sections of the society. The wearing and carrying of kirpans by Sikhs is considered part of their religious practice and does not pose a threat to public order, morality, or health.
• Freedom to manage religious affairs-  Article 26 provides the right to every religious denomination, including their sub-sections or sects, to establish and maintain institutions for religious and charitable purposes; manage their matters of religious affairs; own and acquire movable (e.g., vehicles, furniture) and immovable (e.g., house, trees) property; and administer such property by law. These rights are conditional; they should not endanger public order, morality, and health.
• Freedom as to payment of taxes for promotion of any particular religion- Article 27 prohibits forcing anyone to pay any taxes on revenues that are used in payment of expenses for the promotion or maintenance of any religion or section.
• Freedom as to attendance at religious instruction or religious worship in certain educational institutions- Religious instruction is prohibited in educational institutions fully funded by the state, such as government schools, but institutions established by endowments or trusts that require religious instruction are exempt. State-recognized or aided institutions cannot force students to participate in religious instruction or worship. These provisions help maintain India's secular state.

5. Cultural and Educational Rights 

• Protection of interests of minorities- Article 29 gives the right to minority groups with distinct languages, scripts, or cultures to preserve their identity. It also prohibits state-run or state-aided educational institutions from denying admission to anyone based on religion, race, caste, or language.
• Right of minorities to establish and administer educational institutions- Article 30 grants minorities, based on religion or language, the right to establish and manage their educational institutions. It also prevents the state from discriminating against educational institutions while providing them with aid, based on religion or language.

6. Right to Constitutional Remedies

• Remedies for enforcement of fundamental rights- Article 32 guarantees individuals whose fundamental rights have been violated or denied the right to file a petition directly to the Supreme Court for enforcement of these rights. Unlike other cases, where lower courts must be exhausted first, those facing violation of their fundamental rights can go directly to the Supreme Court. Additionally, Article 226 gives the High Courts the authority to directly address and enforce violations of fundamental rights.
• Public Interest Litigation- Article 32 allows for the practice of Public Interest Litigation, which allows letters written by concerned citizens or organizations regarding violations of fundamental rights to be converted into petitions. This process can be used to address rights violations of vulnerable groups such as those in custody, victims of police violence, laborers, child workers, and those living in poverty. The courts can also act on reports of fundamental rights violations from newspapers. 

3. Directive Principles

Articles 36-51 in Part IV of the Constitution lay down the guiding principles of governance for the State are called the 'Directive Principles of State Policy'.  The silent features of the directive principles are 

The principles focus mainly on economic and social rights.

• The provisions of the directive principles cannot be enforced by a court of law, but guide in making and implementing laws and policies for human and social development.
• The Supreme Court has elevated some provisions of the directive principles to the level of fundamental rights.
• The purpose of the directive principles is to improve the welfare of citizens and ensure social, economic, and political justice.
• The principles aim to reduce income inequalities and eliminate inequalities based on status, facilities, and opportunities for individuals and groups.

4. Fundamental Duties

Part IV(A) Article 51A of the Constitution prescribes the fundamental duties of every citizen. In that, certain conduct and behavior are expected of the citizens. The salient features of fundamental duties are given below. 

• The fundamental duties cannot be enforced in a court of law for violation of the duties.
• No one can be punished for the violation of fundamental duties.
• Fundamental duties contain standards to be followed by the citizens.
• They remind citizens not to behave irresponsibly.
• Fundamental duties help build a free, democratic, and strong society.
• Question for Chapter Notes: Human Rights in India

  Try yourself:

  What article of the Indian Constitution guarantees the right to equality before the law and prohibits discrimination based on religion, race, caste, sex, or place of birth?

  • A.

    Article 14
  • B.

    Article 19
  • C.

    Article 21A
  • D.

    Article 25

  Explanation

  - Article 14 of the Indian Constitution provides the right to equality before the law and ensures equal protection of the law to all citizens. It prohibits discrimination based on religion, race, caste, sex, or place of birth. This article forms the foundation for ensuring equality and nondiscrimination in Indian society.

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• It may be possible that, similar to some provisions of the directive principles, courts may raise the status of these duties in the future.

Complaint Mechanisms of Quasi-judicial Bodies

• Public administrative agencies under the executive branch.
• Similar authority to courts, with power to resolve disputes and impose punishments.
• Examples: national and state human rights commissions, information commissions, consumer forums, and income tax tribunals.

1. National Human Rights Institutions

• Include bodies like the National Human Rights Commission, the National Commission for Minorities, the National Commission for Women, the National Commission for Scheduled Castes, and the National Commission for Scheduled Tribes.
• Independent and transparent bodies are created to protect human rights.

National Human Rights Commission (NHRC):

• Established under the Protection of Human Rights Act, of 1993, as an independent institution.
• Composition: Chairperson (ex-Chief Justice of Supreme Court), members (ex-Supreme Court judge, ex/active High Court Chief Justice, human rights experts), and Secretary-General (CEO).
• Appointment process: by the President of India based on recommendations from a committee.
• Roles: Promote and protect human rights, handle complaints, and ensure efficient functioning with appointed staff.

a) Powers and Functions of the Commission

Inquiry and Investigation: The Commission conducts inquiries into alleged human rights violations, either based on complaints or suo motu, utilizing powers like summoning witnesses, examining evidence, and recommending actions.

Intervening in Court Proceedings: The Commission can intervene in court cases related to human rights violations to ensure fair proceedings and the protection of witnesses and evidence.

Inspection of Jails, etc.: The Commission inspects prisons and government institutions, suggesting improvements in living conditions for inmates.

Awareness and Sensitization: Reviewing laws, recommending enforcement measures, studying terrorism's impact on rights, promoting human rights literacy, and supporting related NGOs and institutions are among the Commission's activities.

Complaint Mechanism: Individuals can file complaints easily in any language through online portals or paper petitions, without any fees within a year of the violation.

2. National Commission for Minorities

a) Introduction

• The National Commission for Minorities Act of 1992 was established by Parliament. Its aim is to safeguard the human rights of minorities. It ensures protection against inequality and discrimination.
• Minority rights are protected by the Constitution and various laws. Religious minorities include Muslims, Christians, Sikhs, Buddhists, Jains, and Parsis. State Minorities Commissions exist in many states.
• These commissions are located in respective state capitals. Minority community members can seek redressal for human rights violations.
• The National Minorities Commission comprises a Chairperson, Vice-Chairperson, and five other members. Members are appointed by the Central Government from eminent minority individuals.

b) Functions of the Commission

The Commission's roles include:

• Evaluating minority development progress
• Monitoring constitutional and legislative safeguards
• Making recommendations for safeguard implementation
• Handling complaints on minority rights violations
• Conducting studies on discrimination issues and suggesting solutions
• Researching socioeconomic and educational minority development
• Proposing measures for minority welfare by Central and State Governments
• Submitting regular or special reports to the Central Government on minority matters
• Possesses civil court powers for hearings and investigations similar to the NHRC

c) Complaint Mechanism

The Commission may decline complaints based on various grounds:

• Irrelevant to minority rights
• Already under legal consideration elsewhere
• Not utilizing available legal channels for redressal
• Exceeding a one-year time limit
• Vague, anonymous, or frivolous nature
• Not directly addressed to the Commission
• The Commission can also take action on its own based on credible information.
• Applications should be directed to the Secretary of the National Commission for Minorities.
• Complaints can be lodged free of charge, and contact details are available on the Commission's website.

3. National Commission for Women

a) Introduction

• The National Commission for Women was established in 1992 under the National Commission for Women Act of 1990.
• The Commission comprises a Chairperson and five Members appointed by the Central Government based on their expertise in various areas.
• At least one member each belongs to the Scheduled Castes and Scheduled Tribes communities.
• The member-secretary handles administrative matters.

b) Functions and Powers

• The Commission is tasked with various functions:
• To investigate and examine issues concerning women's safeguards under the Constitution and other laws.
• To submit regular reports to the Central Government on the effectiveness of these safeguards.
• To make recommendations to enhance the conditions of women at the Central and state levels.
• To review constitutional and legal provisions impacting women and suggest necessary legislative actions.
• To address cases of women's human rights violations and take action on complaints.
• To conduct special studies on discrimination against women and propose solutions.
• To promote educational research and ensure women's representation in all spheres.
• To advise on women's socio-economic development planning and evaluate progress.
• To inspect and take action in facilities where women are held, like jails or institutions.
• To financially support legal cases affecting a large number of women.
• To provide periodic reports to the Government on women-related issues.
• The Commission possesses investigative powers akin to a civil court, including summoning individuals, requiring documents, receiving evidence, and issuing commissions for witness examination.

4. National Commissions for Scheduled Castes & Scheduled Tribes

• Article 338 of the Indian Constitution establishes a Special Officer for Scheduled Castes and Scheduled Tribes to investigate matters related to their safeguards and report to the President.
• Two commissions, the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes, were set up to protect their rights and prevent exploitation.
• They aim to promote the social, educational, economic, and cultural well-being of these communities as outlined in the Constitution and other laws.
• Examples of special laws include the Protection of Civil Rights Act, of 1955, and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, of 1989.

b) Powers and Functions

• Both Commissions have similar powers under Article 338, such as monitoring safeguards, evaluating their effectiveness, and addressing complaints regarding the rights of Scheduled Castes and Scheduled Tribes.
• They participate in planning socio-economic development, assess progress, and submit reports to the President on safeguard implementation and recommendations for improvement.
• Similar to other human rights commissions, they can summon individuals, request documents, receive evidence, and issue commissions for witness examinations.

Consultation Mandate

• Art.338 requires the Union and State Governments to consult the Commissions on major policy matters affecting Scheduled Castes and Scheduled Tribes.

c) Complaint Mechanism

• The Commissions receive complaints about the denial of constitutional safeguards and follow up with authorities or organizations involved.
• Complaints can be lodged through the respective Commission websites:
• www.ncsc.nic.in for Scheduled Castes
• www.ncst.nic.in for Scheduled Tribes
  
  Question for Chapter Notes: Human Rights in India

  Try yourself:

  Which national commission is responsible for investigating cases related to human rights violations and recommending actions?

  • A.

    National Commission for Minorities
  • B.

    National Commission for Women
  • C.

    National Commission for Scheduled Castes
  • D.

    National Human Rights Commission

  Explanation

  - The National Human Rights Commission is responsible for investigating cases related to human rights violations and recommending actions.

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