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(..6..)
Human Rights and Vulnerable Groups
QUESTION BANK
1. Explain the International Human Rights Law relating to Women.
2. Who is a child? What are the various human rights at both national and international
levels?
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. Write a detailed note on how the aged and disabled persons are vulnerable groups is
there any protections and conventions for their security? Explain.
6. Discuss the rights of the following under the international instruments;
(a) Women.
(b) Disabled persons and minorities.
Short Notes
1. Refugees and Human Rights.
2. Children and Human Rights.
3. Rights of aged persons.
SYNOPSIS
Table of Contents
I. Introduction:-............................................................................................................................. 61
II. Vulnerable Groups:-................................................................................................................. 62
a. Measures taken to uplift womenтАЩs status-......................................................................... 62
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c. ChildrenтАЩs Rights in India:-................................................................................................... 65
(i) Declaration on The Rights of Disabled Persons, 1975-................................................... 68
(iii) Welfare Programmes of Governments:-........................................................................ 69
1. Articles 15 and 16:............................................................................................................ 71
b. Statutory Framework:-...................................................................................................... 71
I. Introduction:-
The term тАШVulnerable GroupsтАЩ is applied to groups of people (children, pregnant
women, elderly people, malnourished people, prisoners, migrants and refugees, drug
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addicts, etc.) who, due to factors usually considered out of their control, do not have the
same opportunities as other, more fortunate groups in society. They are physically,
mentally, or socially deprived persons who are unable to fulfil their basic needs. A group
is generally considered vulnerable if they are disadvantaged in comparison with
others. They are at a higher risk; therefore, they need humanitarian assistance from the
State and some favours from other individuals. The vulnerable groups that face
discrimination in all countries are women, Poor migrants, Children, Aged, Disabled,
People living with HIV/AIDS and Sexual Minorities. In India, people from Scheduled
Castes (SC) and Scheduled Tribes (ST) are also vulnerable. Sometimes, each group faces
multiple barriers due to its multiple identities.
II. Vulnerable Groups:-
We will discuss some of them as follows, with protections provided to them.
1. Women:-
Despite womenтАЩs contributions in every sphere of an individualтАЩs life, they are still
discriminated against. Women are vulnerable in all countries. In India, women are also
most vulnerable. Some social customs, traditions, beliefs, and cultural values accord her
secondary status. They face all types of violence, ill-treatment, humiliation, torture and
exploitation, including sexual exploitation; women face discrimination compared to men.
Therefore, their number is decreasing day by day in India. They are made weaker by economic
discrimination. Traditionally, they had no proprietary rights. They have little control over the
resources and important decisions related to their lives. According to the International Labour
Organization, around 11.4 million girls and women are victims of forced labour in different forms,
including debt bondage, trafficking and forced prostitution.
However, the upliftment of women is an essential factor in the development of every
nation.
a. Measures taken to uplift womenтАЩs status-
Many steps are taken at the international and national levels to uplift womenтАЩs
status. In India, women have not only legal rights but also constitutional rights.
(i) International Measures:-
(1). The 1993 Vienna Conference declared that womenтАЩs and girlsтАЩ human rights are
inalienable, integral, and indivisible parts of universal human rights. The Declaration acted
to eliminate gender-based violence.
The Conference was a landmark in terms of womenтАЩs rights and equality. Its
programme of action discussed WomenтАЩs human rights, gender equality, the family,
reproductive health, birth control, family planning, maternal health, and womenтАЩs
education.
(3) The Beijing Declaration:-
Conference on Women, held in September 1995, outlined an agenda for women's
empowerment. It addressed twelve key areas concerning the implementation of womenтАЩs
human rights, which were articulated as human rights.
(4). The UN Conference on Sustainable Development, 2012-
The Conference reaffirmed the commitment of States to the rights, participation and
leadership of women in the economic, social and political spheres. It was also stated that
discriminatory laws should be repealed so that women can access justice justly and
equally.
The following bodies of the United Nations are concerned with protecting,
promoting, and developing womenтАЩs rights. The Human Rights Council, created in 2006,
is an intergovernmental body for promoting and protecting human rights, including
women. United Nations Security Council is another body which has addressed several
issues relating to the peace and security of women. In many resolutions, the Council has
called all national parties to take special measures to protect women and girls from gender-
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based violence in armed conflicts. The Commission on the Status of Women, 1946 also
works to promote womenтАЩs rights in the political, economic, civil, social and educational
areas.
(ii) WomenтАЩs Rights in India:-
In India, the Constitution and other laws protect womenтАЩs rights. Some of the rights
are as follows-
(1). Equality before the law and equal protection of laws (Art. 14).
(2). Prohibition of discrimination on the grounds of gender (Art. 15).
(3). Duty of every Indian citizen to renounce such practices that are derogatory to women
(Art. 51 A (e)).
(4). Right of maternity leave (Art. 42).
(5). Right of equal pay (Art. 39 (d) and Art. 41 of the Indian Constitution, Equal
Remuneration Act, 1976).
(6). Right to live with dignity and decency.
(7). Right against workplace harassment.
(8). Right against domestic violence.
(9). Right against Dowry (The Dowry Prohibition Act, 1961).
(10). Right to legal aid.
(11). Right to keep their identity anonymous in serious cases.
(12). Right to privacy.
(13). Property rights.
(14). Right to marry or live with anyone of choice.
(15). Right of reservation in Panchayat etc.
(iii) The National Commission for Women (NCW):-
The National Commission for Women (NCW) in India is a statutory body
established in 1992 under the National Commission for Women Act of 1990. Its primary
objective is to promote and protect women's rights in India and ensure their holistic
development and empowerment.
a. Composition of the Commission (S. 4):
The Commission consists of a Chairperson who is an eminent woman with
experience in public affairs and five members representing various fields, such as law,
social service, and public administration.
b. Term of Office (S. 5):
The Chairperson and members hold office for three years or until they reach age
65, whichever is earlier.
c. Functions of the Commission (S. 10):
The functions of the Commission are as follows-
(1) Investigating and examining all matters relating to the safeguards provided for women
under the Constitution and other laws.
(2) Presenting reports to the government containing recommendations for effective
implementation of laws and policies.
(3) Taking up cases of violation of women's rights and recommending remedial measures.
(4) Monitoring the implementation of policies and programs for women.
(5) to submit Annual and Special Reports to the Central Government (S. 14):
The Commission has the powers of a civil court when it comes to summoning
and enforcing the attendance of witnesses, compelling the production of documents, and
receiving evidence (S. 10A).
d. Challenges and Criticisms:
(1). Limited Enforcement Powers:
The NCW has primarily advisory and recommendatory powers, which can
sometimes limit its effectiveness in enforcing its recommendations.
(2). Resource Constraints:
Like many government bodies, the commission often faces limited resources and
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staffing challenges, impacting its ability to address all issues effectively.
(3). Societal Attitudes:
Deep-rooted societal norms and attitudes towards gender roles remain a significant
challenge in advancing women's rights.
Despite these challenges, the National Commission for Women has made significant
contributions towards the advancement of women's rights in India. It serves as a crucial
institution in advocating for gender equality and empowerment while highlighting areas
requiring further attention and reform.
Thus, India has tried to bring women to par with men by passing several laws like
Apart from the laws, the Government has launched many schemes to uplift womenтАЩs
status, e.g. Beti Bachao Beti Padhao, Mahila Shakti Kendra, Working Women Hostels,
Scheme for adolescent Girls, Mahila Police Volunteers, Rashtriya Mahila Kosh, Pradhan
Mantri Matru Vandana Yojna, Pradhan Mantri Ujjwala Yojana etc.
***
2. Children.
Worldwide, Millions of children are subjected to violence, abuse, and
exploitation. They are vulnerable like women. Moreover, disabled children are more prone
to abuse and exploitation. Children are afforded a low status in most societies.
All humans are born inherently with fundamental freedoms and rights. Children
must enjoy the same human rights as everybody else, from the right to freedom of
expression to the right to privacy.
a. Definition of a Child-
The Convention on the Rights of the Child of 1989 defines a тАШchildтАЩ as тАЬevery human
being below the age of eighteen years unless, under the law applicable to the child, the age
of majority is attained earlier.тАЭ Children's most basic needs are referred to as rights.
ChildrenтАЩs rights are human rights. Children must be treated with respect, equality
and dignity because they are human beings.
b. International Measures:-
Children are protected by a special convention in international law since they are
vulnerable. The UN Convention on the Rights of the Child, 1989, is passed to protect
childrenтАЩs rights. The Convention is the most ratified of all the international human treaties.
The Convention is ratified by 194 countries. The Convention has 54 articles that lay down
all the rights of children below the age of 18. The Convention, in short, has the following
provisions-
(i) Part I (Articles 1 to 41)-
The part sets out the rights of children and the government's obligations. They have
(1) Survival rights, i.e., the right to life and access to basic necessities such as adequate
food, shelter, standard of living, and medical requirements.
(2) Development rights, i.e. the right to education, to practice the religion of own choice
and cultural activities, freedom of thought and conscience, to play and leisure, and to access
to information.
(3) Protection rights, i.e. the rights that protect children from abuse of the criminal justice
system, employment, etc.
(4) Participation Rights i.e. rights of children to participate in activities of the society,
especially matters that may affect their lives, to assemble peacefully and to join
associations.
In short, Children's rights include health rights, freedom of expression, the right to
participate in matters influencing their well-being, and the right to be protected from any
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form of violence or discrimination.
(ii) Part II (Articles 42 to 45)-
The part contains provisions as to the implementation of the Convention.
(iii) Part III (Articles 46 to 54)-
The part contains the signing, ratification, enforcement, amendment, and
denouncement of the Convention.
It gives them the same human rights as adults. According to the Convention,
children have the right to thrive and survive, to learn and grow, to make their voices heard,
to reach their full potential, to food, clean water and sanitation facilities, to primary health
care, education, etc.
c. ChildrenтАЩs Rights in India:-
Children enjoy all human rights available to adults; however, due to their tender age
and vulnerability to crimes, some additional human rights are granted to children at both
national and international levels. Some special human rights granted to children are as
follows-
(i). Children between the tender age of 6 and 14 are entitled to free and compulsory
education ( Art. 21 A of the Constitution).
(ii). Any child below the age of 14 shall not be given employment that would require them
to work in any mine, factory or hazardous nature (Art. 24 of the Constitution).
(iii). The state should enable childhood care and education of children up to six years of
age (Art. 45 of the Constitution).
(iv). The State to develop such a policy that would put a stop to the abuse of children of
tender age and enable opportunities and facilities for such children to develop in a healthy
environment (Art. 39 of the Constitution).
(iv). Parents and Guardians to provide education opportunities to the child or ward (Art.
51A).
Several laws have been passed in India, such as The Child Labour Prohibition and
Regulation Act of 1986 passed to condemn child labour, the Child Marriage Prohibition
Act of 2006, The Right to Protection of Children Against Sexual Offences of 2012; the
Right of Children to Free and Compulsory Education Act, 2009.
Several schemes promote children's rights and protect them, such as the Integrated
Child Protection Scheme, Sarva Shiksha Abhiyan, Rajiv Gandhi National Creche Scheme
for the children of working mothers, Kasturba Gandhi Swantantra (BalikaVidyalaya), etc.
***
3. Aged Persons and Human Rights.
a. Introduction:-
The elderly population is the fastest-growing segment of the world. Aged persons are also
known as тАШsenior citizensтАЩ. By 2025, more than 1.2 billion people will be aged sixty or above. In
India, the number of elder people is also increasing.
The Committee on Economic, Social and Cultural Rights defines тАШolder peopleтАЩ as тАШthose persons
aged 60 years and aboveтАЩ. The age of 60 seems to have been accepted worldwide.
b. Problems faced by the aged persons:-
Aged people face the following problems-
(i) Economic ProblemsтАФEconomic problems of elderly people include loss of employment,
income deficiency, and economic insecurity.
(ii) Physical and Psychological problems-
It includes health and medical problems, nutritional deficiency, and the problem of
adequate housing, etc.
(iii) Psychosocial Problems-
It includes problems related to their psychological and social maladjustment, abuse,
harassment, etc.
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c. International efforts to support aged persons-
The World Assembly on Ageing held in Vienna in 1982 adopted the International Plan
of Action on ageing. The plan's objectives were to strengthen the ability of individual nations to
deal effectively with the ageing population while keeping in mind the concerns and needs of the
elderly.
In 1992, the U.N. General Assembly accepted the proclamation to observe 1999 as the
International Year of Older Persons. The UN then declared 1 October the International Day for
Older Persons.
In 1991, the United Nations issued its Implementation of the International Plan of Action
on Ageing and Related Activities, which contains the United Nations Principles for Older Persons.
The Principles are divided into five sections as follows-
(1) Older Persons should have the opportunity to work and determine when to leave work.
(2) Older persons should remain integrated into society and participate actively in the
formulation of policies that affect their well-being.
(3) Older Persons should have access to health care to help them maintain the optimum level of
physical, mental and emotional well-being.
(4) Older Persons should be able to pursue opportunities for the full development of their
potential and have access to society's educational, cultural, spiritual and recreational resources.
(5) Older Persons should be able to live in dignity and security and should be free from
exploitation and mental and physical abuse.
Moreover, as per Art. 25 of the Universal Declaration of Human Rights, 1948, everyone
has the right to security in the event of sickness, unemployment, disability, widowhood, old age,
etc.
d. National Efforts to support aged persons-
In India, several provisions for the protection of older persons are made in the Constitution,
some special laws, and also personal laws.
(i) Constitutional Protection:-
The Indian Constitution contains the following provisions for the protection of older
persons, whom we also call senior citizens.
(1) Right to work, education, etc (Art. 41)-
Within the limits of economic capacity and development, the State shall make effective
provisions for securing the right to work, education and public assistance in cases of
unemployment, old age, sickness and disablement, and other cases of undeserved want.
(2) Promotion of education and economic interests of weaker sections (Art. 46)-
The State shall promote with special care the educational and economic interests of the
weaker sections and protect them from social injustice and all forms of exploitation.
(ii) Special Laws to protect age-old persons-
The following Acts are passed by India to protect age-old persons-
(a) The Senior Citizen Act, 2017-
The Act replaced the earlier Maintenance and Welfare of Parents and Senior Citizens Act
of 2007. The 2017 Act makes provision to establish old age homes as a place of refuge for the
elderly. It provides financial support to elderly people and parents who are unable to meet basic
needs. The Act looks after the welfare of senior citizens and aims to protect their lives and property.
(b) S. 125 of the Criminal Procedure Code-
Under the provision, elderly persons (parents) can claim maintenance from their children.
(iii) Protections under Personal Laws-
We find provisions for the protection of the aged in the personal laws of Hindus,
Mohammedans, Christian Parsis, etc. We will discuss them as follows-
(a) Protection under Hindu Law-
Amongst the Hindus, the obligation of sons to maintain their age-old parents, who could
not keep themselves out of their own earnings and property, was recognised in old texts. To
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maintain parents is a pious obligation of every Hindu. Moreover, S. 20 of the Hindu Adoption and
Maintenance Act, 1956 imposes an obligation on the children to maintain their parents who are
unable to maintain themselves. Both sons and daughters are under obligation to maintain parents.
(b) Mulsim Law-
According to Muslim Scholars, it is the duty of the children to maintain their aged parents.
Even though he is poor, he has to maintain his parents.
(c) Christian and Parsi Law-
There is no provision for the maintenance of age-old parents in Christian and Parsi Law,
but the parents can seek maintenance under S. 125 of the Criminal Procedure Code.
(iv) Government Protection through Schemes:-
There are many government schemes to protect aged persons by providing them with
economic assistance (Pensions), establishing old age
(1) The National Policy for Older Persons, 1999-
In pursuit of the UNтАЩs declaration of 1999 as the тАШInternational Year of Olde PersonsтАЩ, the
Indian government has launched a National Policy for Older Persons. The policy was again revised
as The National Policy for Senior Citizens, 2011. The main features of the policy are-
(a) Old Age Pension Scheme.
(b) Tax Exemption for Senior Citizens.
(c) Subsidy in healthcare, mental health services, and counselling facilities.
(d) Land grants at concessional rates and private hospitals are available to provide economical and
specialised care for the older person.
(e) Earmarking 10% of the houses in housing schemes and easy access to loans.
(f) The layout of housing colonies should be sensitive to the needs of the older persons.
(g) Quick disposal of cases of property transfer, property tax, etc.
(h) Assistance for construction/maintenance of old age homes, Daycare centres, multi-service
citizens centres, outreach services, supply of disability-related aids and appliances etc.
(i) Setting up a welfare fund for older persons.
(2) The government policy encourages prompt pension, gratuity, provident fund (PF), etc.,
settlements to save the superannuation from hardships.
(3) Sections 88 B, 88 D, and 88 DDB of the Income Tax Act grant a tax discount to elderly persons.
(4) The Life Insurance Corporation of India (LIC) has provided several schemes for the benefit of
aged persons, such as., Jeevan Akshay Yojana, Jeevan Dhara Yojana, Senior Citizen Unit Yojana,
Medical Insurance Yojana.
(5) тАШAnnapurna YojanaтАЩ provides 10 kg of food every month to aged persons.
***
4. Disabled Persons and Human Rights.
a. Introduction:-
The disabled are the most vulnerable class in the world. They are neglected in society. A
great number of disabled die up to 20 years earlier than other persons. An estimated 1.3 billion
people experience significant disability. This represents 16% of the worldтАЩs population or 1 in 6
of us.1. Around 80% of disabled persons live in developing countries. In India, out of the 121 Crore
disabled in developing countries experience material deprivation and social exclusion. Only 2%
of disabled children in such developing countries receive schooling.
b. Definition of Disability:-
According to the United NationтАЩs Convention on the Rights of Persons with Disabilities,
тАЬPeople with disabilities include those who have long-term physical, mental, intellectual or
sensory impairments which, in interaction with various barriers, may hinder their full and effective
1 GERARD QUINN ET AL., HUMAN RIGHTS AND DISABILITY 1 (2002), available at
2 http://www.ccdisabilities.nic.in/resources/disability-
india#:~:text=In%20India%20out%20of%20the,2.21%25%20of%20the%20total%20population.
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participation in society on an equal basis with othersтАЭ.
The Declaration on тАШThe Rights of Disabled Persons, 1975тАЩ defines a "disabled person"
as anyone who cannot ensure the necessities of a normal individual and/or social life due to a
deficiency in physical or mental capabilities.
c. Challenges faced by persons with disabilities.-
Disabled persons face several challenges, such as discrimination and inequality, inhuman
treatment, loss of identity, illiteracy, unemployment, accessibility, etc.
d. International efforts to protect the human rights of disabled persons-
At the international level, efforts are taken to improve the condition of disabled persons;
therefore, the UN has taken the following steps-
The United Nations General Assembly made the Declaration on The Rights of Disabled
Persons on 9 Dec. 1975. The main points of the declaration are-
(1) Disabled persons have the inherent right to respect for their human dignity.
(2) Disabled persons have the same civil and political rights as other human beings.
(3) Disabled persons are entitled to the measures intended to enable them to become as self-reliant
as
possible.
(4) Disabled persons have the right to medical, psychological and functional treatment.
(5) Disabled persons have the right to economic and social security and decent living.
(6) Disabled persons are entitled to have their special needs considered at all social and economic
planning
stages.
(7) Disabled persons have the right to live with families or foster parents and participate in all
social, creative or recreational activities.
Disabilities, 2006-
The Convention was adopted on 13 Dec, 2006, and it presently has more than 164 signatory
countries.
Art.1 of the Convention lays down the purpose of the Convention as тАЬto promote, protect
and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all
Articles 5 to 32 lay down the rights of persons with disabilities and the obligations of states
towards them. The rights, in short, are the rights to accessibility, including information technology,
the rights to live independently and be included in the community, personal mobility, habilitation
and rehabilitation, participation in political and public life, cultural life, recreation and sport.
The Convention imposes obligations on states, including raising awareness of the human
e. Indian efforts to protect human rights of disabled persons-
(i) Provisions in the Constitution of India-
(1) Preamble- The Preamble seeks to secure social (as well as economic and political) justice for
all citizens along with equality of status and opportunity.
(2) Fundamental Rights:-
The individual's dignity is the fundamental concept behind all the fundamental rights
guaranteed under the Constitution. All fundamental rights are available to persons with disabilities.
(3) Directive Principles (Article 41) urges the State to make effective provisions for securing the
3 The term "declaration" is used for various international instruments. However, declarations are not
always legally binding. The term is often deliberately chosen to indicate that the parties do not intend to
create binding obligations but merely want to declare certain aspirations.
4 An international convention or treaty is an agreement between different countries that is legally binding
to the contracting States. Existing international conventions cover different areas, including trade, science,
crime, disarmament, transport, and human rights.
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right to education, work, and to public assistance in case of unemployment, sickness and disability.
(4) The state shall promote the educational and economic interests of the weaker segments of the
people and protect them from all forms of exploitation and social injustice (Article 46).
(5) Relief to the Disabled is a State Subject (Entry 9 in List II) under the Seventh Schedule.
(6) Welfare of the Disabled and mentally retarded is listed in the Eleventh and Twelfth Schedule.
(ii) Acts passed to protect and uplift disabled:-
Several Acts have been passed in India for the protection and upliftment of the disabled, as
follows-
(1) The Mental Health Act, 2017: This act was passed to provide mental health care and related
services for persons with mental illness and to protect, promote, and fulfil their rights.
(2) The Rights of Persons with Disabilities Act, 2016:
The Act came into force in April 2017. It fulfils the obligations of the United NationтАЩs Convention
on the Rights of Persons with Disabilities. The Act has several provisions for the benefit of persons
with disabilities, it has increased the magnitude of reservation for Persons with Disabilities from
3% to 5% in higher education institutes and from 3% to 4% in government jobs. It stresses more
to ensure accessibility in public buildings in a prescribed time frame.
(3) The Rehabilitation Council of India Act, 1992:
It provides statutory status to the Rehabilitation Council of India. The mandate given to
Rehabilitation Council of India is to regulate and monitor services given to the persons with
disability, to standardise syllabus, to maintain a Central Rehabilitation Register of all qualified
professionals, personnel working in the field of Rehabilitation and Special Education.
(4) The National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental
Retardation and Multiple Disabilities Act, 1999:-
The Act has been enacted with the object to provide for the composition of a body at the
National level for the Welfare of Persons with Autism, Mental Retardation, Multiple Disabilities
and Cerebral Palsy,. The trust aims to provide total care to persons with mental retardation, cerebral
palsy and also manage the properties bequeathed to the Trust.
(iii) Welfare Programmes of Governments:-
The Central Government and various State Governments have launched welfare
programmes for the disabled as follows-
(1) Accessible India Campaign:-
It aims at the creation of an Accessible Environment for the disabled. The programme was
launched in December 2015. The Campaign aims to make a barrier-free, conducive environment
for all Persons with Disabilities all over the country.
(2) Deendayal Disabled Rehabilitation Scheme (DDRS):-
It aims to create an enabling environment to ensure equity, equal opportunities, social
justice and empowerment of persons with disabilities. Under the programme, NGOs are provided
with financial assistance for running their projects, rehabilitation of persons with disability etc.
Projects include Special school, preschool and early intervention, Halfway Homes and Community
Based Rehabilitation etc.
(3) Assistance to Disabled Persons for Purchase/Fitting of Aids and Appliances
(ADIP):-
The scheme aims to assist needy disabled persons in procuring durable, scientifically
manufactured appliances. It helps to promote their physical, social, and psychological reintegration
by reducing the effects of disabilities and enhancing their economic potential.
(4) Indian Sign Language Research and Training Centre:-
It promotes the use of sign language, the development of human resources in the field, etc.
(5) National Institute of Mental Health Rehabilitation (NIMHR):
It aims to work at capacity building in the field of mental health and rehabilitation and
develop community-based rehabilitation protocols for mainstreaming persons with mental illness
for those who have been successfully cured.
***
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5. Refugees and Human Rights.
a. Introduction-
A тАШrefugeeтАЩ is someone who has been forced to flee his country due to persecution, war or
violence. He has a well-founded fear of persecution for reasons of nationality, race, religion,
political opinion or membership in a particular social group. Mostly, they do not return home or
are afraid to do so. War, ethnic, tribal and religious violence are leading causes of refugees fleeing
their countries. Every year, millions of people are forced to abandon their homes and flee.
Most of the refugees are from Syria, Venezuela, Afghanistan, South Sudan and Myanmar.
The need for protection of refugee rights arose after the Second World War when millions
of people around the world were forced out of their homes.
b. Convention Relating to the Status of Refugees, 1951:-
(1) Introduction:-
The Convention Relating to the Status of Refugees, 1951 is also known as тАЬ1951 Refugee
ConventionтАЭ or тАЬthe Geneva Convention of 28 July 1951тАЭ. As of 2023, around 149 countries have
signed the Convention. The Convention has a Protocol Relating to the Status of Refugees that
entered into force on 4th Oct. 1967.
The Convention defines who is and who is not a refugee and sets out the rights of the
persons granted asylum.
(2) Definition of Refugee (Article 1)-
A Refugee is-
тАЬ(a) A person
(b) who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality,
membership of a particular social group or political opinion,
(c) is outside the country of his nationality and
(d) is unable or, owing to such fear, is unwilling to avail himself of the protection of that country;
or who, not having a nationality and being outside the country of his former habitual residence as
a result of such events,
(e) is unable or, owing to such fear, is unwilling to return to itтАЭ.
(3) Rights of Refugees:-
Important rights of refugees as per the Convention are as follows-
(a) Right not to be returned (Article 33):-
The important right guaranteed by the 1951 Convention is based on the principle of тАШnon-
refoulementтАЩ. It means a refugee should not be returned to a country where they face threats to
their life or freedom.
(b) The right not to be expelled, except under certain, strictly defined conditions (Article 32)
(c) The right not to be punished for irregular entry into the territory of a contracting State (Article
31).
(d) The right to non-discrimination (Articles 3 and 5).
(e) The right to decent work (Articles 17 to 19 and 24).
(f) The right to housing, land and property, including intellectual property (Articles 13, 14 and
21).
(g) The right to education (Article 22).
(h) The right to freedom of religion (Article 4).
(i) The right to access to justice (Article 16).
(j) The right to freedom of movement within the territory (Article 26 and Article 31 (2)).
(k) The right to be issued civil, identity and travel documents (Articles 12, 27 and 28).
(l) The right to social protection (Articles 23 and 24).
(4) Responsibility of Refugee (Article 2)
The refugees shall abide by the national laws of the contracting states.
(5) Indian position-
Protocol and does not have a framework for refugee protection, the country continues to provide
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refuge to a large number of refugees from neighbouring countries.
***
6. Minority Rights:-
India is known for its rich cultural heritage, diverse religious, linguistic, and ethnic
groups, and strong emphasis on protecting the rights of minorities. This commitment is
enshrined in the Constitution of India, which guarantees fundamental rights and freedoms
to all citizens, irrespective of their religious, linguistic, or ethnic affiliations. In this paper,
we will discuss the mechanisms and provisions that are in place to safeguard minority
rights in India.
a. Constitutional Safeguards:-
1. Articles 15 and 16:
These articles prohibit discrimination on grounds of religion, race, caste, sex, or
place of birth. They ensure that minorities have equal access to educational institutions
and public employment. The state is mandated to provide special provisions for
advancing any socially and educationally backward class of citizens, including
minorities.
2. Articles 29 and 30:
These articles grant minorities the right to conserve their distinct language,
script, or culture. Article 29 safeguards the educational rights of minorities by allowing
them to establish and administer educational institutions of their choice. Article 30
extends this right to both religious and linguistic minorities.
3. Article 46:
This article directs the state to promote with special care the educational and
economic interests of the weaker sections, including Scheduled Castes and Scheduled
Tribes, and protect them from social injustice and exploitation. Minorities, often among
the socio-economically disadvantaged, benefit from this provision.
4. Directive Principles of State Policy:
Several directive principles, like Article 38, Article 39, and Article 46,
emphasise the state's duty to promote the welfare of the people, particularly those who
are socially and economically disadvantaged, which includes many minority
communities.
b. Statutory Framework:-
1. National Commission for Minorities (NCM):-
Established under the National Commission for Minorities Act of 1992, the
NCM is a statutory body that monitors constitutional safeguards for minorities,
investigates specific complaints, and recommends measures for their welfare.
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"Section 2(c) - 'Minority' for this Act means a community notified as such by the Central
Government."
This definition essentially means that the Central Government has the authority to
notify specific communities as "minorities" for the Act. These notified communities are
then eligible for protection and benefits under the provisions of the Act. The Act itself
does not specify which communities are considered minorities; rather, this determination
is made by the Central Government based on demographics and other relevant factors.
a. Establishment of the National Commission for Minorities (S. 3) -
This section establishes the National Commission for Minorities (NCM) as a
statutory body. It outlines the composition of the Commission, which includes a
Chairperson, a Vice-Chairperson, and five members. The President of India appoints
these members. They represent various fields like law, social service, and public
administration.
b. Inquiry into complaints (S. 9 and 10):
This is a crucial section that grants the NCM the authority to conduct inquiries into
specific complaints regarding deprivation of rights and safeguards of minorities. It can
also intervene in legal cases relating to the rights of minorities.
Section 9 outlines the functions of the National Commission for Minorities
as-
(a) to evaluate the progress of the development of minorities under the Union and States;
(b) to monitor the working of the safeguards provided in the Constitution and in other
laws enacted by Parliament or the State Legislatures;
(c) to make recommendations for the effective implementation of safeguards for the
protection of the interests of minorities by the Central Government or the State
Governments;
(d) to look into specific complaints regarding deprivation of rights and safeguards of the
minorities and take up such matters with the appropriate authorities; and
(e) to cause studies to be undertaken into problems arising out of any discrimination
against minorities and recommend measures for their removal.
(f) to submit annual reports to the Central Government on its activities and the
measures taken for the welfare of minorities. It may also submit special reports on any
matter of national or international importance (S. 10).
These functions collectively aim to safeguard and promote the rights and interests of
religious and linguistic minorities in India.
c. Action taken on the recommendations of the Commission (S. 11):
This section states that the Central Government is obligated to present an annual
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report to both Houses of Parliament on the action taken on the recommendations of the
NCM.
2. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:
While primarily focused on Scheduled Castes and Scheduled Tribes, this act
indirectly benefits minority communities as well by ensuring their protection against
atrocities.
3. Protection of Civil Rights Act, 1955:
Similar to the above act, this legislation primarily addresses Scheduled Castes,
but it also offers protection to other marginalised groups, including certain minority
communities.
4. Educational Institutions:
The Right of Children to Free and Compulsory Education Act, 2009, ensures
that children from all sections of society, including minorities, have the right to education.
d. Government Initiatives:-
1. Schemes and Programs:
The government has implemented various schemes and programs to promote the
socio-economic development of minority communities. This includes scholarships, skill
development programs, and initiatives to improve access to healthcare and housing.
2. Reservation and Representation:
In certain states, minority communities have been granted reservations in
educational institutions and government jobs to ensure their equitable participation.
Challenges and Future Prospects;-
While India has made significant strides in safeguarding minority rights,
challenges persist. Issues such as communal violence, discrimination, and economic
disparities need continuous attention. Encouragingly, there is an increasing awareness
and advocacy for the rights of minorities, and civil society plays a crucial role in this
regard.
Conclusion:-
India's commitment to protecting minority rights is evident through its
constitutional provisions, statutory frameworks, and various government initiatives.
These efforts are essential in fostering an inclusive and harmonious society where every
citizen, regardless of their background, can participate fully in the nation's progress and
development. It is imperative that these safeguards are not only upheld but also
strengthened for a more equitable and just future.
*****
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References