A SESSION ON

“HUMAN RIGHTS and Duties

PRESENTED BY

Dr. Prakash Chaudhary

Vice Principal and HOD, Business Laws,

Ness Wadia College of Commerce, Pune
 EVOLUTION OF CONCEPT OF
HUMAN RIGHTS
• The Magna Carta or Magna Charta (1215)
• King John granted the Great Charter of
liberties
• In the world history found it’s first expression
• Came at the backdrop of heavy taxation
• It is protection against arbitrary acts of the
King
TUSSLE BETWEEN HUMAN RIGHTS
AND HUMAN WRONGS

“The maxim of law is, there is no right without

remedy”.
the maxim of history is, there is no right
without wrong.
Thus the story of human right is the story of
human wrongs.”
 EVOLUTION OF CONCEPT OF
HUMAN RIGHTS
• Babylonian King Hammurabi : Hammurabi code
• Hittiti laws and Dharma in vedic period
Plato, (Greek) was one of the earliest writers,
advocated a universal standard of ethical
Conduct.
Ulpian (Roman) Jurist - natural law is that law
which nature and the state assured to all human
beings.
Aristotle- advocated that Justice, virtue & rights
change in accordance with different kinds of
Constitutions
 Definition
• HUMAN RIGHTS are the rights that all
people have by virtue of being human
beings.

• HUMAN RIGHTS are derived from the

inherent dignity of the human person and
are defined internationally, nationally and
locally by various law making bodies
 Definition
• HUMAN RIGHTS is defined as the
supreme, inherent, and inalienable rights
to life, to dignity, and to self-development.
It is concerned with issues in both areas of
civil and political rights and economic,
social and cultural rights founded on
internationally accepted human rights
obligations
 Human Rights
• RIGHTS – moral power to hold (rights to life, nationality,
own property, rest and leisure), to do (rights to marry,
peaceful assembly, run for public office, education), to omit
(freedom from torture and cruel, inhuman or degrading
punishment, freedom from arbitrary arrest, detention or
exile) or to exact something (equal protection of the law,
equal access to public service, equal pay for equal work)
• HUMAN RIGHTS coined by Eleanor Roosevelt to replace
Rights of Man
• NATURE – Human rights are more than legal concepts:
they are the essence of man. They are what make man
human. That is why they are called human rights; deny
them and you deny man’s humanity (Jose Diokno)
Characteristics of Human Rights
• Universal
• Internationally guaranteed
• Legally protected
• Protects individuals and groups
• Cannot be taken away
• Equal and indivisible
• Obliges States and State act
 Legal basis - UN Charter
• Sets the promotion of and respect for
human rights for all as one of the aims of
the UN
• Establishes legal obligations for Member
States to take act
 Legal basis
• Human rights Treaties
• Conventions, Covenants
• Declarations
– Contain detailed lists and definitions of human
rights and obligations of the State
 Five categories of Human Rights
• Civil – the right to be treated as an equal to
anyone else in society
• Political – the right to vote, to freedom of
speech and to obtain information
• Economic – the right to participate in an
economy that benefits all; and to desirable
work
• Social – the right to education, health care,
food, clothing, shelter and social security
• Cultural – the right to freedom of religion, and
to speak the language, and to practice the
culture of one’s choice
 SOME CIVIL RIGHTS
• Life
• Belief in own religion
• Opinion
• Free speech
• Non-discrimination according to sex
• Marry
• Race
• Cultural background
 SOME POLITICAL RIGHTS
• Vote in elections
• Freely form or join political parties
• Live in an independent country
• Stand for public office
• Freely disagree with views and policies of
political leaders
 SOME ECONOMIC RIGHTS
• Jobs
• Work without exploitation
• Fair wage
• Safe working conditions
• Form trade unions
• Have adequate food
• Protection against labor malpractices
 SOME SOCIAL RIGHTS
• Housing
• Education
• Health services
• Recreation facilities
• Clean environment
• Social security
 SOME CULTURAL RIGHTS
• Use own language
• Develop cultural activities
• Ancestral domains
• Develop own kind of schooling
 Universal Declaration of Human Rights
History and Current Status

The Universal Declaration of Human Rights (UDHR)

was drafted by the UN Commission on Human Rights
chaired by, then first lady, Eleanor Roosevelt. The
UDHR was adopted by the 56 member nations of the
UN General Assembly on December 10, 1948.
December 10th is celebrated around the world as
International Human Rights Day. The 192 member
states in the U.N., upon membership, agreed to
educate their citizens about the principles of the
UDHR. Most of these countries have incorporated
the principles of the UDHR into their constitutions.
“The UDHR specifies minimal conditions of a
dignified life.”
 Formal state obligations for each
human right
• Respect: The state must not interfere directly with people realising
their rights
• Protect:The state must stop others from interfering with people’s
rights
• Fulfil:The state must build the legislation, institutions, norms to
realise the right
• Non discrimination:The state must not discriminate in meeting its
obligations
• Adequate progress:Progress must occur at a rate that show
commitment
• Participation:People must be able to participate in realising their
rights
• Effective remedy:There must be a remedy for violations of
obligations
The UNIVERSAL DECLARATION OF
HUMAN RIGHTS, 1948
• Preamble : Declares it as natural law
• Common standard of achievement of all
people in the world
• Human Rights of First Generation : Civil And
Political Rights ; To participate in political
process
• Human Rights of Second Generation :
Economic, social and cultural Rights
;economic and cultural development
 The UNIVERSAL DECLARATION OF HUMAN
RIGHTS, 1948

• Art. 1: Free and equal dignity

• Art. 2: Prohibition of declaration
• Art.3: Right to life, liberty and security
• Art. 4: Prohibition of slavery
• Art. 5: Prohibition of torture
• Art 6: Right to recognition as person before the
law
• Art 7: Equality before the law
• Art. 8: Right to an effective remedy
 The UNIVERSAL DECLARATION OF HUMAN
RIGHTS, 1948

• Art. 9 : Prohibition of arbitrary arrest

• Art.10: Right to a fair trial
• Art.11: Presumption of innocence
• Art. 12: Right to privacy
• Art.13: Freedom of movement
• Art 14: Right to asylum
• Art 15: Right to nationality
• Art. 16: Right to marry & family life
 The UNIVERSAL DECLARATION OF HUMAN
RIGHTS, 1948

• Art. 17: Right to property

• Art. 18: Freedom of thought, conscience &
religion
• Art. 19: Freedom of opinion & expression
• Art. 20: Freedom of assembly & association
• Art.21: Participation in govt.
• Art :22: Economic, social & cultural rights
• Art :23: Right to work
• Art. :24 Right to rest & leisure
 The UNIVERSAL DECLARATION OF HUMAN
RIGHTS, 1948

• Art. 25: Right to an adequate standard of

living & health
• Art.26: Right to education
• Art :27: Right to culture
• Art :28: Social & international order
• Art. 29: Duties & limitations
• Art. 30: No Abuse of right
The Protection of Human Rights
Act, 1993
• Preamble : Legislative arrangement to for
establishment of
• National Human Rights Commission,
• State Human Rights Commission and
• Human Rights Court at District level
• For promotion and protection of Human Rights
• Primary responsibility to protect Human
Rights is with state
DEFINITION OF HUMAN RIGHT

S. 2(d) “Rights relating to

life, liberty, equality and dignity of individuals
guaranteed by the Constitution or embodied in
the international covenants
and enforceable by courts in India.”
This right is inalienable.
National Human Rights Commission
• S.3 prescribes for composition
• Eight members
• Chairman :- Retired Chief Justice of India
• Other members :-
• Sitting or retired judge of Supreme Court,
• A serving or retired Chief Justice of High Court
• Two prominent persons having knowledge or
experience as Chairpersons of -
• The National Commission for Minorities
• The Scheduled Castes and Scheduled Tribes
• The National Commission for Women
 STATE HUMAN RIGHTS COMMISSION
• Chairperson : Retired Chief Justice of High
Court
• Other members :
• A Judge of High Court
• A District Judge
• Two members having knowledge and
experience in the field of Human Rights
 INTERNATIONAL COVENANTS ON
HUMAN RIGHTS
• The General Assembly on 16th December 1966
adopted two important covenants;

• International Covenants on Civil And Political

Rights, 1966

• International Covenants on Economic Social

And Cultural Rights, 1966
 RELATIONSHIP BETWEEN
THE TWO CONVENTIONS
• The Preamble and Articles 1,2,3 and 5 are
identical
• Article 1: affirms that all people have right to self
determination and can determine political status
and to pursue their economic social and cultural
development.
• Article 2: reaffirms principle of non-discrimination
• Article 3: states should ensure equal right to men
and women to enjoy all human rights
 INTERNATIONAL CONVENTIONS
ON INHUMAN ACTS
• The United Nations adopted various conventions
such as ;
• The Convention on the Prevention and Punishment
of Genocide (1948)
• Genocide : ‘genos’ means race and ‘cide’ means
killing
• Examples : Bosnia, Yugoslavia, Rawanda, India
 INTERNATIONAL CONVENTIONS
ON INHUMAN ACTS
• The Declaration on the Protection of All
Persons from Being subjected to Torture and
other Cruel, Inhuman or Degrading Treatment
or Punishment (1975)
• Torture : Article 1 defines it as, “any act by
which severe pain or suffering, whether
physical or mental, is intentionally inflicted on
person for obtaining information from him or
from third person”
• Sunil Batra v. Delhi Administration 1980
FORCED OR COMPULSORY LABOUR
• The Convention on the Abolition of Forced Labour
(1957) adopted by ILO
• Indian scenario :- Article 23 prescribes for
protection against exploitation
• People’s Union for Democratic Rights v. Union of
India, AIR 1982 SC 1473
• Bandhua Mukti Morcha v. Union of India, AIR
1984 SC 802
 ABOLITION OF DEATH PENALTY
• UDHR 1948, Article 3: Right to life
• ICCPR 1966, Article 6 : only for serious offences
• Optional Protocol on Civil and Political Right,
1987 : obligation to abolish death penalty
• Second Optional Protocol, 1991 : only during war
and serious crime
 THE CONVENTION ON ALL FORMS OF
DISCRIMINATION AGAINST WOMEN
• Adopted on December 18, 1979
• Instances of discrimination
• Education
• Employment
• Health care
• Economic and social life
• Marriage and family relations
• Vishakha v. State of Rajasthan (1997)
 HUMAN RIGHTS AND
THE INDIAN CONSTITUTION
PREAMBLE
• We, the people of India, having solemnly resolved to
constitute India into a sovereign, socialist, secular,
democratic, republic and secure to all it’s citizens:
• Justice, social, economic and political;
• Equality of status and 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
 PREAMBLE
• Not mere political or legal document but citizen’s
charter
• Can it be amended U/Art. 368
• Keshvanand Bharati vs. State of Kerala (1973) SC
• 42nd Amendment- Words ‘Socialist’ & ‘Secular'
• Usefulness in interpreting Constitution
• A. K. Gopalan v State of Madras (1950) SC
• Excel Wear vs. Union of India (1979) SC
• S. R. Bommai v Union of India (1994) SC
 ARTICLE 14 : EQUALITY BEFORE LAW
AND EQUAL PROTECTION OF LAWS
• Art. 14 permits : ‘Reasonable Classification’ but
prohibits ‘Class Legislation’
• Mithu v. State of Punjab (1983) SC- S. 303 of IPC
• Ajay Hasia vs. Khaalid Mujib (1981) SC- Admission
Criteria
• Protection against Arbitrariness
• Air India vs. NargeshMirza (1981) SC- Service
Conditions: Pregnancy
• Rules of Natural Justice
• Maneka Gandhi Vs. UOI (1978) SC- Forfeiture of
Passport
 OTHER FUNDAMENTAL RIGHTS
• Art. 15 : Prohibition of discrimination on grounds of
religion,race,caste,sex or place of birth
• Art. 16: Equality of opportunity in matters of public
employment
• Art. 17 : Abolition of untouchability
• Art. 18 : Abolition of titles
• Art. 19 : Protection of certain rights regarding freedom
of speech and expression
• Art. 20 : Protection in respect of certain offences
• clause(1) protection against ex-post-facto laws
• Clause (2) protection against double jeopardy
• Clause (3) protection against self incrimination
 OTHER FUNDAMENTAL RIGHTS
• Art. 21 : Right to life and personal liberty
• Art. 21 A: Right to education
• Right of Children for Free and Compulsory
Education Act, 2009 guarantees right to
education for children between the age of 6 to
14
• Art. 22 : Protection against arrest and detention
in certain cases
• Art. 23 : Prohibition of traffic in human beings
and forced labour
 OTHER FUNDAMENTAL RIGHTS
• Art. 24 : Prohibition of employment of
children in factories,etc.
• Art. 25 : Freedom of conscience and free
profession, practice and propagation of
religion
• Art. 26 : Freedom to manage religious affairs
• Art. 27 : Freedom as to payment of taxes for
promotion of any particular religion
 OTHER FUNDAMENTAL RIGHTS
• Art. 28 : Freedom as to attendance at religious
instructions or religious worship in certain
educational institutions
• Art. 29 : Protection of interests of minorities
• Art. 30 : Right of minorities to establish and
administer educational institutions
• Art. 32: Constitutional remedies
• PIL : Socially spirited person can file a case
 RIGHTS OF CHILD
• I.P.C. nothing is a wrong which is done by a
person below the age of 7
• Criminal Procedure Code : a child who is below 16
years will get bail even in serious offence
• Article 24 : child below age of 14 years will not be
permitted to work in any factory.
CONCLUDING REMARK

“MAN’S CAPACITY TO DO JUSTICE

MAKES DEMOCRACY POSSIBLE BUT
MAN’S INCLINATION TO DO INJUSTICE
MAKES DEMOCRACY NECESSARY”