CBSE Textbook Solutions: Human Rights in India | Legal Studies for Class 12 - Humanities/Arts PDF Download

Based on your understanding, answer the following questions:

Q1. ‘Human rights and SDGs are two sides of the same coin.’ Explain. 
Ans: The statement that "Human rights and SDGs are two sides of the same coin" emphasizes the intrinsic connection between human rights and the Sustainable Development Goals (SDGs). Both frameworks aim to promote dignity, equality, and justice for all individuals. Human rights provide the foundation for the SDGs, as they ensure that every person has access to essential services such as education, health, and social protection, which are critical for sustainable development.

• Interdependence: Progress in achieving SDGs directly impacts the realization of human rights.
• Universal Goals: Both frameworks advocate for universal access and non-discrimination, ensuring that marginalized groups are included.
• Accountability: States are obligated to respect, protect, and fulfill human rights while pursuing SDGs.

In summary, the synergy between human rights and SDGs is essential for fostering a just and equitable society, where every individual can thrive and contribute to sustainable development.

Q2. Explain states’ obligations to respect, protect and fulfil human rights. 
Ans: States have a fundamental obligation to respect, protect, and fulfil human rights, which are essential for ensuring human dignity and equality. These obligations can be summarized as follows:

• Respect: States must refrain from interfering with or curtailing the enjoyment of human rights.
• Protect: States are required to take measures to prevent human rights violations by third parties, including individuals and organizations.
• Fulfil: States must take positive actions to facilitate the realization of human rights, ensuring access to essential services and opportunities.

These obligations are rooted in international human rights law and are crucial for promoting justice and equality within societies. By adhering to these principles, states contribute to the creation of a fair and just environment where all individuals can thrive.

Q3. Identify any two features in the Preamble of the Indian Constitution that indicates its objective of protecting human rights. 
Ans: The Preamble of the Indian Constitution serves as a guiding light for the interpretation of the Constitution and reflects the core values of the nation. Two significant features that indicate its objective of protecting human rights are:

• Justice: The Preamble emphasizes social, economic, and political justice, which lays the foundation for ensuring that every citizen has access to basic rights and freedoms. This commitment to justice is crucial for the protection of human rights.
• Liberty: The Preamble guarantees liberty of thought, expression, belief, faith, and worship. This feature underscores the importance of individual freedoms and the protection of personal rights, which are essential components of human rights.

In summary, the Preamble not only outlines the aspirations of the Indian state but also firmly establishes the commitment to uphold and protect human rights for all its citizens, ensuring a just and equitable society.

Q4. Describe any three salient features of fundamental rights in the Indian Constitution. 
Ans: The Fundamental Rights enshrined in the Indian Constitution are crucial for ensuring the dignity and freedom of individuals. Here are three salient features:

• Enforceability: Fundamental Rights are enforceable by the courts, allowing individuals to seek justice if their rights are violated. Article 32 empowers citizens to approach the Supreme Court for enforcement.
• Protection Against State Action: These rights primarily protect individuals from arbitrary actions by the State. Article 13 ensures that any law contravening these rights is void, thereby safeguarding citizens from unjust laws.
• Comprehensive Coverage: The rights encompass various aspects of life, including equality, freedom of speech, and protection against exploitation. This comprehensive nature ensures that citizens can lead a dignified life.

In summary, the Fundamental Rights serve as a cornerstone of democracy in India, providing essential protections and promoting individual freedoms.

Q5. What is right to equality? How is reservation or affirmative action for government jobs to Schedule Castes and Scheduled Tribes protected by the right to equality? 
Ans: The right to equality, enshrined in Articles 14 to 18 of the Indian Constitution, guarantees that every individual is treated equally before the law and prohibits discrimination based on religion, race, caste, sex, or place of birth. Article 15 specifically bars discrimination and ensures access to public places, while Article 16 provides for equality of opportunity in public employment.

• Article 14: Ensures equality before the law.
• Article 15: Prohibits discrimination in public places.
• Article 16: Guarantees equality of opportunity in government jobs.
• Article 17: Abolishes untouchability.

Reservation or affirmative action for Scheduled Castes (SC) and Scheduled Tribes (ST) is a crucial aspect of the right to equality. It acknowledges the historical disadvantages faced by these groups and aims to provide them with equitable representation in government jobs. This affirmative action is a means to level the playing field, ensuring that those who have been marginalized can access opportunities that were previously denied to them, thus reinforcing the principle of equality.

Q6. Why do you think it was necessary to abolish the practice of untouchability? 
Ans: The practice of untouchability was deeply rooted in social discrimination, denying basic human rights to a significant portion of the population, particularly the Dalits and Adivasis. Abolishing untouchability was essential to promote equality and justice in society. It aimed to dismantle the caste-based hierarchy that perpetuated inequality and social exclusion.

• Human Rights Violation: Untouchability violated fundamental human rights, preventing individuals from accessing public spaces, education, and employment opportunities.
• Social Justice: The abolition was a step towards achieving social justice, ensuring that all citizens, regardless of their birth, could enjoy equal rights and opportunities.
• Legal Framework: Article 17 of the Indian Constitution explicitly prohibits untouchability, supported by laws like the Protection of Civil Rights Act, 1955, which aim to protect marginalized communities from discrimination.

In conclusion, abolishing untouchability was not just a legal necessity but a moral imperative to foster an inclusive society where every individual is treated with dignity and respect.

Q7. Identify any two kinds of right to freedom along with any two grounds of restrictions that take away these freedoms. 
Ans: Two significant kinds of rights to freedom enshrined in the Indian Constitution are the freedom of speech and expression and the freedom to assemble peaceably and without arms. These rights are fundamental to the functioning of a democratic society, allowing individuals to express their thoughts and gather for collective purposes.
However, these freedoms are not absolute and can be restricted under certain conditions. For instance, the sovereignty and integrity of India serves as a ground for restricting freedom of speech and expression, particularly when such expressions threaten national security or public order. Similarly, the public order can be cited as a reason to limit the freedom to assemble, ensuring that gatherings do not disrupt societal harmony or safety. These reasonable restrictions are essential for maintaining a balance between individual rights and the collective interests of society.

Q8. Explain any one fundamental right of a person who is either accused or convicted of a crime. 
Ans: The 'Right to Life and Personal Liberty' is enshrined in Article 21 of the Indian Constitution. This fundamental right guarantees that no person shall be deprived of their life or personal liberty except according to a procedure established by law. This provision is crucial as it protects individuals from arbitrary actions by the state and ensures that any deprivation of life or liberty follows a fair and reasonable legal process.

• Scope of Right to Life: It encompasses the right to live with dignity, which includes access to basic necessities such as food, shelter, and healthcare.
• Personal Liberty: This aspect allows individuals the freedom to make choices regarding their lives, free from unlawful detention or coercion.
• Legal Safeguards: The law must provide clear procedures for any deprivation of these rights, ensuring that such actions are not arbitrary.

In essence, Article 21 serves as a cornerstone for protecting human rights within the criminal justice system, ensuring that even those accused or convicted of crimes retain fundamental rights that uphold their dignity and liberty.

Q9. Explain ‘right to life and personal liberty’ as given in the Indian Constitution. 
Ans: The 'Right to Life and Personal Liberty' is enshrined in Article 21 of the Indian Constitution, stating that "No person shall be deprived of his life or personal liberty except according to procedure established by law." This fundamental right is expansive and includes various dimensions essential for human dignity.

• Human Dignity: Ensures that every individual is treated with respect.
• Basic Necessities: Includes access to food, shelter, and healthcare.
• Freedom of Expression: Allows individuals to express their thoughts and engage in cultural practices.
• Legal Protections: Safeguards against arbitrary detention and ensures a fair trial.
• Environmental Rights: Advocates for a pollution-free environment.

Moreover, the right to personal liberty encompasses the freedom to act according to one's will, provided it does not infringe on the rights of others. However, this right can only be curtailed through a fair and reasonable legal procedure, ensuring that no individual is deprived of their liberty arbitrarily.

Q10. Explain ‘right to education’ provided in the fundamental rights chapter of the Constitution. 
Ans: The 'Right to Education' is enshrined in Article 21A of the Indian Constitution, which was established by the 86th Amendment in 2002. This provision guarantees free and compulsory education for all children aged 6 to 14 years. The Supreme Court of India has affirmed that education is a fundamental right, linking it to the right to life under Article 21. This landmark decision elevated the status of education from a policy goal to a fundamental right, making it enforceable in courts.

• Supreme Court Rulings: The court has ruled that denying education violates the right to life.
• RTE Act, 2009: This act operationalizes the constitutional mandate, ensuring that every child has access to education in a neighborhood school.
• State Responsibility: Both state and central governments are obligated to implement this right, although challenges remain in terms of funding and infrastructure.

Overall, the Right to Education is a crucial step towards achieving equality and empowerment for children in India.

Q11. Identify any one safeguard provided to someone if s/he is arrested and detained. 
Ans: One significant safeguard provided to individuals who are arrested and detained is the right to consult and be defended by a legal practitioner of their choice. This right is crucial as it ensures that the arrested person has access to legal representation, which is fundamental for a fair trial and the protection of their rights. Legal counsel can provide guidance on the legal process, help in understanding the charges, and represent the individual during questioning and court proceedings.

• No one can be detained without grounds for arrest.
• The detained individual must be presented before a magistrate within 24 hours.
• Detention beyond 24 hours requires magistrate authorization.

These safeguards are designed to prevent arbitrary detention and ensure that individuals are treated fairly under the law. They reflect the principles of justice and human rights enshrined in the legal framework, aiming to protect individuals from potential abuses during the arrest and detention process.

Q12. What is meant by human trafficking, that is prohibited by the Indian Constitution? 
Ans: Human trafficking, as prohibited by the Indian Constitution under Article 23, refers to the illegal trade of individuals for various forms of exploitation. This includes forced labor, sexual exploitation, and other inhumane practices. The act encompasses several means such as recruitment, transport, transfer, harboring, and receipt of persons through coercion, fraud, or abuse of power.

Means of Trafficking:

• Threat or use of force
• Coercion and abduction
• Fraud and deception
• Exploitation of vulnerability

Purposes of Trafficking:

• Sexual exploitation
• Forced labor and slavery
• Removal of organs
• Other forms of exploitation

Overall, human trafficking is a grave violation of human rights, and the Indian Constitution seeks to protect individuals from such exploitation.

Q13. Describe ‘right to freedom of religion’ as provided in the Indian Constitution. 
Ans: The right to freedom of religion in India is enshrined in Articles 25 to 28 of the Constitution. This fundamental right ensures that every individual has the freedom of conscience and the right to profess, practice, and propagate their religion, as long as these practices do not disrupt public order, morality, or health. For instance, the Supreme Court has ruled against the use of loudspeakers for religious purposes if it disturbs the peace.

• Article 25: Guarantees freedom of conscience and the right to practice religion.
• Article 26: Allows religious denominations to manage their own affairs and establish institutions.
• Article 27: Prohibits the imposition of taxes for the promotion of any religion.
• Article 28: Ensures freedom from attending religious instruction or worship in certain educational institutions.

These rights are essential for maintaining India's secular fabric, allowing diverse religious practices while ensuring that they do not infringe upon the rights of others.

Q14. Explain judicial remedies that are available for the enforcement of fundamental rights. 
Ans: The enforcement of fundamental rights in India is primarily facilitated through judicial remedies provided under Articles 32 and 226 of the Constitution. Article 32 empowers individuals to directly approach the Supreme Court if their fundamental rights are violated, bypassing lower courts. This provision underscores the importance of fundamental rights and ensures immediate access to justice.

• Article 32: Allows individuals to file petitions in the Supreme Court for the enforcement of fundamental rights.
• Article 226: Empowers High Courts to issue orders for the enforcement of fundamental rights.
• Public Interest Litigation (PIL): Enables public-spirited individuals to file petitions on behalf of those unable to approach the court, thus broadening access to justice.

These remedies not only protect individual rights but also uphold the rule of law and democracy in India, ensuring that violations are addressed promptly and effectively.

Q15. What is meant by Public Interest Litigation (PIL)? Find out one PIL that was initiated on the basis of a letter written to the Supreme Court or on the basis of a newspaper report? 
Ans: Public Interest Litigation (PIL) refers to legal actions initiated in a court of law for the protection of public interest, particularly in matters concerning the violation of fundamental rights of marginalized or disadvantaged groups. Under Article 32 of the Indian Constitution, individuals or organizations can approach the Supreme Court directly, even through letters or newspaper reports, to address grievances that affect the public at large.

• PIL serves as a tool for social justice and aims to provide access to justice for those unable to approach the courts themselves.
• It can be initiated by any public-spirited individual or organization.
• PILs often address issues like environmental protection, human rights violations, and social injustices.

One notable PIL initiated based on a letter to the Supreme Court is the Vishaka v. State of Rajasthan case. This case arose from a letter written to the Supreme Court highlighting the need for guidelines to prevent sexual harassment at the workplace, leading to the establishment of significant legal frameworks for women's rights in India.

Q16. Describe any one salient feature of the Directive Principles of State Policy. Give one example of directive principle that has been elevated to fundamental rights. 
Ans: One salient feature of the Directive Principles of State Policy is that they serve as guidelines for the State in making laws and policies aimed at promoting social and economic welfare. These principles are enshrined in Articles 36 to 51 of the Constitution and are intended to secure justice, liberty, equality, and fraternity among citizens. Although they are not enforceable by any court, they play a crucial role in shaping the governance of the country by encouraging the State to work towards eliminating inequalities and ensuring a decent standard of living for all.
Example of Directive Principle Elevated to Fundamental Right
An example of a directive principle that has been elevated to the status of a fundamental right is the right to education. Originally a directive principle, it was transformed into a fundamental right under Article 21A, which mandates free and compulsory education for children aged six to fourteen. This elevation was affirmed by the Supreme Court in the Mohini Jain case, where it was held that the right to education is integral to the right to life as guaranteed under Article 21 of the Constitution.

Q17. Give any one example of fundamental duties provided in the Constitution.
Ans: One significant example of a fundamental duty provided in the Constitution of India is the duty to respect the Constitution, the National Flag, and the National Anthem. This duty is enshrined in Article 51A of Part IV(A) of the Constitution, which outlines the fundamental duties of every citizen.

• This duty emphasizes the importance of national symbols and the Constitution as the supreme law of the land.
• By respecting these symbols, citizens contribute to the unity and integrity of the nation.
• It fosters a sense of patriotism and responsibility towards the country.

While these duties are not enforceable by law, they serve as a moral compass for citizens, reminding them of their responsibilities in building a democratic and harmonious society. Upholding this duty is essential for maintaining the values of freedom and democracy that the nation stands for.