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HUMAN RIGHTS PROTECTION IN INDIA
QUESTION BANK
1. Discuss in brief the role played by the Indian judiciary in protecting the fundamental
Human rights of prisoners.
2. Mention the role played by the Human Rights Commission of India in the protection of
the basic human rights of the people.
3. Discuss the legal provisions in India to protect the rights of women.
4. The Convention on the Rights of the Child, 1989 Includes various human rights of the
Child-Elaborate.
5. Discuss the role played by the Indian Judiciary for the implementation & and protection
of Human Rights in India.
6. How the international Human Rights Law has been implemented by Indian judiciary?
7. Explain the role of various National Commissions in the promotion and protection of
Human Rights in India.
8. Write a detail note on how the aged and disabled persons are vulnerable groups in there
any protection and conventions for their security. Explain.
9. (a ) Discuss the rights of women enumerated in the Convention on the Elimination of
All Forms of Discrimination Against Women (CEDAW).
(b) Highlight on the role of judiciary in the protection of rights of women in India with
reference to Indian laws.
10. Write a note on various enforcement mechanisms adopted by India for the Protection
of human rights under the Protection of Human Rights Act, 1993.
11. With special reference to the Protection of Human Rights Act, 1993 answer the
following– (i) Appointment of chairperson and other members of the NHRC of India. (ii)
Functions of the commission relating to inquiries. (iii) Powers of the commission relating
to inquiries. (iv) Resignation and Removal of chairperson of the State Human Rights
Commissions.
12. Discuss the rights of children as provided under international and national documents.
13. (a) Discuss the scope and object of the Protection of Human Rights Act, of 1993.
(b) Explain the composition, powers, and functions of the National Human Rights
Commission (NHRC) under the Protection of the Human Rights Act, 1993.
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Short Notes
1. Human rights in ancient India.
3. NGO and Human Rights.
4. Development of Human Rights in Ancient India.
8. Role of the Supreme Court of India in the protection of Human Rights.
9. Minorities.
Table of Contents
a. Awareness and Education:................................................................................................ 97
b. Increased Accountability:-................................................................................................ 97
d. Preventive Measures:........................................................................................................ 97
5. Policy Advocacy:............................................................................................................ 101
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9. Commonwealth Human Rights Initiative (CHRI):......................................................... 103
10. Bachpan Bachao Andolan (Save the Childhood Movement): ...................................... 103
11. Centre for Social Justice (CSJ):.................................................................................... 103
I. The Protection of Human Rights Act, 1993.
1. Introduction:-
The Protection of Human Rights Act of 1993 is a pivotal piece of legislation in India
that was enacted to ensure the protection and promotion of human rights. It marked a
significant milestone in India's legal framework, providing a structured mechanism to
safeguard individuals' fundamental rights and freedoms. With the establishment of the
National Human Rights Commission (NHRC) and State Human Rights Commissions
(SHRCs), this act has played a vital role in addressing human rights violations, seeking
redressal for victims, and fostering a culture of human rights consciousness in the nation.
2. Important Provisions of the Act:-
a. Establishment of the National Human Rights Commission (NHRC): (Discussed in
detail in earlier topic):-
Chapters II, III, and IV S. 3 to 20 deal with the constitution, functions, powers, and
Procedures of NHRC. The NHRC is the apex body responsible for protecting and
promoting human rights at the national level. It consists of a Chairman and four members,
including former Chief Justices of the Supreme Court, former Chief Justices of High
Courts, and eminent persons with a distinguished record in human rights.
b. Formation of State Human Rights Commissions (SHRCs): (Discussed in detail in
earlier topic):-
Chapter V Sec. 21 to 29 deals with the constitution, functions, power, and procedure of
SHRC. The Act also provides for the establishment of State Human Rights Commissions
in each state, consisting of a Chairperson and two members. These commissions mirror the
functions of the NHRC but are concerned with human rights violations within their
respective states.
c. Human Rights Courts (S. 30) (Discussed in detail in earlier topic):-
The Protection of Human Rights Act of 1993 stands as a milestone in India's pursuit
of upholding fundamental human rights. This legislation was enacted to create a framework
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for the establishment of Human Rights Courts designed to safeguard and promote the
dignity and rights of individuals. Section 30 of the Act provides for the establishment of
these specialised courts. At the same time, the appointment of a Special Prosecutor adds
an extra layer of accountability and expertise to this crucial process.
d. Special Public Prosecutor (S. 31) (Discussed in detail in earlier topic):-
For every Human Rights Court, the State Government shall, by notification, specify
a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not
less than seven years as a Special Public Prosecutor for the purpose of conducting cases in
that Court (S. 31).
3. Impact and Achievements of the Act:-
a. Awareness and Education:
The Act has played a crucial role in raising awareness about human rights among the
general populace. It has facilitated educational programs, seminars, and workshops to
promote human rights literacy.
b. Increased Accountability:-
The NHRC and SHRCs act as watchdogs, holding public authorities accountable for any
infringement of human rights. This has led to greater transparency and efficiency in
governance.
c. Redressal for Victims:
The commissions have been instrumental in providing redressal to victims of human
rights violations, ensuring that justice is served.
d. Preventive Measures:
These commissions' mere presence is a deterrent, discouraging potential violators from
committing human rights abuses.
e. International Standing:-
The existence of such institutions has elevated India's standing in the international
community by demonstrating a commitment to upholding human rights.
4. Conclusion:-
The Protection of Human Rights Act of 1993 stands as a beacon of hope and justice
for the citizens of India. It not only provides a structured framework for the protection of
human rights but also promotes a culture of accountability and responsibility. With the
NHRC and SHRCs at the forefront, India continues to take significant steps to safeguard
the fundamental freedoms of its people, setting a precedent for other nations to follow.
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2. Role of Courts in the protection of human rights, specifically,
The Supreme Court's Role in Human Rights Protection.
India is a diverse country with a multi-cultural, multi-ethnic and multi-religious
population. Therefore, the protection of their fundamental human rights is important for a
peaceful existence. The Indian Judiciary, specifically the Supreme Court of India, being a
guardian of these rights, has greatly achieved it through its number of enlightened
judgments and laying down guidelines. Various state High Courts have also contributed
greatly to implementing these rights. Many inhuman traditional practices like Sati, Child
Marriage, Honour Killings, Slavery, Child labour, etc., have been abolished due to the
initiative and strict stance of the judiciary.
The Indian Constitution, particularly the Fundamental Rights enshrined in Articles
14 to 32, serves as a bulwark for human rights. The judiciary ensures that these rights are
upheld and protected. The judiciary permits citizens or organizations to file PILs, allowing
them to seek legal remedies for human rights violations, even on behalf of those who might
not be able to do so themselves. PILs can be filed before the Supreme Cout under Art. 32
and before the High Court under Art. 226. The Sessions Courts, which are designated as
Human Rights Courts at the sessions level, also contribute to the protection of human
rights. In this topic we will specifically discuss the pivotal role played by the Supreme
Court of India.
The Supreme Court's Role in Human Rights Protection.
a. Introduction:-
The Supreme Court of India, often hailed as the guardian of justice, has played an
important role in safeguarding and upholding human rights in the country. As the apex
judicial authority, it wields immense power to interpret and enforce constitutional
provisions, ensuring that the rights and dignities of every individual are protected. In this
topic we will discuss the significant contributions of the Supreme Court of India to the
protection of human rights.
1. Guardian of the Constitution:
The Supreme Court stands as the ultimate interpreter of the Indian Constitution. Its
verdicts shape legal precedents and clarify the interpretation and application of
fundamental rights enshrined in the Constitution. Art. 32 and 142 of the Constitution makes
it the guardian of fundamental rights.
2. Expansion of Fundamental Rights:
The Supreme Court has expanded the scope of fundamental rights through progressive
interpretations. For instance, the recognition of the right to privacy as a fundamental right
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a watershed moment in the protection of individual liberties.
3. Right to Life and Personal Liberty:
The Court has zealously guarded the right to life and personal liberty under Art. 21, often
intervening in cases involving unlawful detention, custodial violence, and extrajudicial
killings. Its judgments have been instrumental in deterring such violations. In Maneka
individual.
4. Environmental Protection:
The Court has taken a proactive stance on environmental issues, passing directives to
mitigate pollution, protect natural resources, and safeguard the environment for future
generations. It has shown a commendable commitment to balancing development with
sustainability. For instance, M.C. Mehta v. Union of India (1987): This case led to the
closure of hazardous industries in Delhi due to concerns over air pollution, marking a
significant step in environmental protection. Similarly, in the Oleum Gas Leak Case
(1987), the court ordered the company to pay compensation Following a gas leak at a
Shriram Food and Fertilizer plant. It established the "strict liability" principle, holding
industries accountable for environmental damage.
5. Addressing Discrimination and Inequality:
The Supreme Court has been instrumental in combating discrimination based on caste,
religion, gender, and other grounds. Landmark judgments like the Mandal Commission
more inclusive environments.
6. Protection of Women's Rights:
The Court has championed women's rights by addressing issues such as dowry
legal recourse for women facing various forms of exploitation.
7. Right to Education:
1 K.S. Puttaswamy and Anr. vs. Union of India ((2017) 10 SCC 1),
2 Maneka Gandhi v. Union of India, AIR 1978 SC 597
3 Indra Sawhney v. Union of India 1992 SCC (L and S) Supp. 1 popularly known as the Mandal
Commission Case, wherein the implementation of reservations in public employment based on caste is
affirmed. However, it was declared that reservations should not be more than 50%.
4 Vishakha and Ors. vs State of Rajasthan and Ors. (1997) 6 SCC 241The Supreme Court laid guidelines
to protect women from sexual harassment at the workplace
5 Shaha Bano Case AIR SC 945
6 Supra
7 Unni Krishnan, J.P. & Ors. vs. State of Andhra Pradesh & Ors. (1993),
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fundamental right under Article 21 of the Constitution, affirming that every child has the
right to receive quality education.
8. Criminal Justice Reforms:
The Court has been a driving force behind reforms in the criminal justice system,
emphasizing fair trials, protection of the accused, and prevention of custodial excesses. Its
judgements have been pivotal in ensuring justice is served. Judgment in Hussainara
Khatoon & Ors. vs Home Secretary, State of Bihar (1979 In this landmark case, the
Supreme Court of India recognized the right to a speedy trial as an essential component
of the right to life and personal liberty guaranteed under Article 21 of the Indian
Constitution. The Court addressed the issue of prolonged pre-trial detention and
overcrowded jails and ordered the release of undertrial prisoners who had been detained
for excessive periods without trial. This judgment was instrumental in advocating for
criminal justice reforms and protecting the rights of accused individuals.
9. LGBTQ+ Rights:
homosexuality marked a significant milestone in recognizing and affirming the rights of
the LGBTQ+ community.
10. International Human Rights Norms:
The Court often draws from international human rights conventions and treaties while
interpreting domestic laws, aligning India's legal framework with global standards.
11. Public Interest Litigations (PILs):
The Supreme Court has been leading the charge in encouraging Public Interest
Litigation, enabling citizens to approach the Court directly for the protection of human
rights. This mechanism has democratized access to justice.
12. Preventing Torture and Custodial Violence:
The Court has set strict guidelines and established mechanisms to prevent torture and
custodial violence, ensuring the dignity and well-being of detainees. D.K. Basu v. State
set forth a series of guidelines to safeguard the rights of
individuals in police custody. These guidelines included measures to prevent torture,
ensure prompt medical examination, and establish a record of detention. The judgment
aimed to curb custodial abuse and uphold the accused's fundamental rights.
b. Conclusion:-
The Supreme Court of India, through its enlightened judgments, stands as a bulwark
in the protection of human rights. Its landmark judgments have not only set legal precedents
8 AIR 2018 SC 4321
9 AIR 1997 SC 610
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but have also transformed the country's social and political landscape. As India's custodian
of justice, the Supreme Court continues to play an instrumental role in upholding every
individual's fundamental rights and dignity, reaffirming the nation's commitment to a just
and inclusive society.
***
3. Role of NGOs in the protection of Human Rights in India.
a. Introduction:-
NGO stands for Non-Governmental Organization. In the field of human rights protection,
NGOs are independent, non-profit organizations that work towards promoting and
safeguarding human rights. These organizations operate independently of government
control and are often driven by a specific mission or cause related to human rights issues.
NGOs play a crucial role in advocating for the rights of individuals, monitoring human
rights abuses, providing assistance to victims, and promoting awareness and education on
human rights matters.
Non-Governmental Organizations (NGOs) play a pivotal role in the protection of human
rights in India through various avenues:
b. Role of the NGOs in the protection of human rights:-
NGOs play a vital role in the protection of human rights as follows-
1. Advocacy and Awareness:-
NGOs raise awareness about human rights issues, helping to educate the public and
policymakers. They advocate for legal and policy reforms to address human rights
violations.
2. Monitoring and Documentation:-
NGOs conduct research and investigations and gather data on human rights abuses.
This information is crucial for evidence-based advocacy and to hold perpetrators
accountable.
3. Legal Aid and Support:-
NGOs provide legal assistance to victims of human rights violations, especially
marginalized and vulnerable communities who may not have access to legal resources.
4. Capacity Building:-
NGOs empower communities by educating them about their rights and providing
them with the skills and knowledge needed to assert those rights.
5. Policy Advocacy:
NGOs engage with policymakers, lawmakers, and government bodies to influence
the formulation of laws and policies that uphold human rights standards.
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6. Public Interest Litigation (PIL):-
In partnership with lawyers, many NGOs file PILs to address general human rights
issues and seek redress from the courts.
7. Humanitarian Aid and Relief:
During times of crisis, NGOs provide vital support such as food, shelter, medical
assistance, and psychosocial care to victims of natural disasters, conflicts, and other
emergencies.
8. Combatting Discrimination and Exclusion:
NGOs work to challenge discrimination based on factors like caste, gender, religion,
ethnicity, and sexual orientation and strive to ensure equal rights for all.
9. Environmental Protection:
Many NGOs focus on environmental rights, advocating for sustainable development
and policies that protect the environment and the rights of communities affected by
environmental degradation.
10. International Advocacy:
NGOs engage with international organizations and bodies, drawing attention to
human rights issues on the global stage and seeking support for domestic initiatives.
11. Public Engagement:
Through campaigns, workshops, seminars, and social media, NGOs mobilize public
opinion and engage citizens in advocating for human rights.
12. Victim Rehabilitation and Empowerment:
NGOs work towards rehabilitating and empowering victims of human rights abuses,
providing them with the resources and support needed to rebuild their lives.
13. Monitoring Government Actions:
NGOs scrutinize government actions and policies to ensure compliance with human
rights standards, acting as watchdogs to hold authorities accountable.
Overall, NGOs in India serve as a crucial bridge between government institutions,
civil society, and the marginalized, contributing significantly to promoting and protecting
human rights in the country.
c. Prominent NGOs in India and their work:-
There are several prominent NGOs in India that actively work towards the
protection and promotion of human rights. Here are some well-known organizations in this
field:-
1. Amnesty International India:
Part of the global Amnesty International network, this organization focuses on
various human rights issues, including civil liberties, gender equality, and socio-economic
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rights.
2. Human Rights Watch (HRW)- India:
HRW is an international NGO conducting research and advocacy on various global
human rights issues. Their India office focuses on issues like women's, child, and minority
rights.
3. People's Union for Civil Liberties (PUCL):
PUCL is one of India's oldest human rights organizations, known for its advocacy
on issues related to civil liberties and democratic rights.
4. Lawyers Collective:
This organization, founded by legal luminaries Indira Jaising and Anand Grover,
works towards the protection of human rights, especially focusing on issues related to
women, LGBTQ+ communities, and HIV/AIDS.
6. Child Rights and You (CRY):
CRY is dedicated to ensuring the rights of children in India, working on issues like
child labour, education, healthcare, and protection from abuse.
7. Mazdoor Kisan Shakti Sangathan (MKSS):
MKSS is a grassroots organization known for its advocacy on issues of
transparency, accountability, and social justice, particularly through the Right to
Information (RTI) movement.
8. ActionAid India:
This organization works on various social issues, including poverty alleviation,
women's rights, education, and disaster response, all interconnected with human rights.
9. Commonwealth Human Rights Initiative (CHRI):
CHRI works towards strengthening human rights institutions and practices in
Commonwealth countries, including India.
10. Bachpan Bachao Andolan (Save the Childhood Movement):
Led by Nobel laureate Kailash Satyarthi, this organization is dedicated to
eradicating child labour and trafficking.
11. Centre for Social Justice (CSJ):
CSJ focuses on issues related to marginalized and vulnerable communities,
including Dalits, Adivasis, and religious minorities.
12. PUKAR (Partners for Urban Knowledge, Action & Research):
PUKAR conducts research and advocacy on urban issues, including housing rights,
livelihoods, and environmental justice.
These organizations, among many others, contribute significantly to protecting and
advancing human rights in India, working tirelessly to ensure that all individuals enjoy
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their fundamental rights and freedoms.
***
References:-
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