HUMAN RIGHTS LAW AND PRACTICE

NATIONAL LEGAL DEVELOPMENTS IN HUMAN RIGHTS LAW

Introduction:

Human rights protection law is a legal framework designed to safeguard and promote the inherent
dignity, equality, and freedoms of individuals. It encompasses a set of principles, norms, and
mechanisms aimed at preventing human rights abuses, ensuring accountability for violations, and
providing remedies to victims. The foundation of human rights protection law lies in international
treaties, national constitutions, and domestic legislation that recognize and guarantee fundamental
rights for all individuals.

Human rights protection laws are legal measures put in place to safeguard and promote the
fundamental rights and freedoms of individuals. These laws aim to ensure that every person is
entitled to certain inherent rights, regardless of their race, religion, gender, nationality, or any other
characteristic.

Background:

The concept of human rights is based on the belief in the inherent dignity and worth of every
human being. It recognizes that individuals have certain rights that should be protected and
respected by governments, institutions, and society as a whole. Human rights are not granted by
the state or any authority, but rather they are inherent to all individuals by virtue of being human.

Human rights protection laws can be found at both national and international levels. At the
international level, the Universal Declaration of Human Rights (UDHR), adopted by the United
Nations General Assembly in 1948, serves as a foundational document that outlines the basic
human rights that should be universally recognized and protected. Several international human
rights treaties, such as the International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR), have been adopted by
countries to further protect specific rights and ensure their enforcement.
At the national level, many countries, including India, have enacted laws to protect and promote
human rights. These laws are often enshrined in the constitution or in specific statutes and cover a
wide range of rights, such as the right to life, liberty, equality, freedom of speech, and protection
against discrimination and torture. These laws provide a legal framework for individuals to seek
remedies and hold violators accountable when their rights are violated.

In addition, national human rights institutions, such as human rights commissions or ombudsman
offices, are established to monitor, investigate, and address human rights violations within a
particular country. These institutions play a crucial role in promoting human rights, raising
awareness, and providing a mechanism for redress for victims of human rights abuses.

Courts also play a significant role in the protection of human rights. They interpret and apply
human rights laws, hear cases related to violations, and ensure that individuals have access to
justice when their rights are infringed upon. Judicial decisions often shape the understanding and
the scope of human rights, contributing to the evolution of human rights protection.

Human rights protection laws are essential for creating a just and inclusive society where the rights
and dignity of every individual are respected. They serve as a crucial tool in holding governments,
institutions, and individuals accountable for their actions, and strive to create a world where human
rights are universally recognized, protected, and enjoyed by all.

Key Components of Human Rights Protection Law:

International Human Rights Treaties:

Various international treaties and conventions establish the framework for human rights protection
on a global scale. Examples include the Universal Declaration of Human Rights (UDHR), the
International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on
Economic, Social and Cultural Rights (ICESCR). States that ratify these treaties commit to
upholding and protecting the rights enshrined within them.

Constitutional Protections:
Many countries incorporate human rights provisions into their constitutions. These provisions
serve as a foundational legal framework, outlining the fundamental rights and freedoms granted to
individuals. Courts play a crucial role in interpreting and enforcing these constitutional guarantees.

National Legislations:

In addition to constitutional provisions, countries often enact specific laws to address various
aspects of human rights, such as anti-discrimination laws, labor laws, and laws protecting
vulnerable groups. These statutes provide detailed guidelines for the protection and enforcement
of rights in specific contexts.

Judicial Review:

Courts play a vital role in the protection of human rights through judicial review. Individuals can
approach courts to challenge laws or actions that violate their rights. Courts have the authority to
interpret laws, strike down unconstitutional provisions, and order remedies for human rights
violations.

Human Rights Institutions:

Many countries establish human rights institutions, such as national human rights commissions, to
monitor, investigate, and address human rights violations.

NATIONAL LEGAL DEVELOPMENTS IN HUMAN RIGHTS LAW:

1. Constitutional Guarantees:

In India, constitutional guarantees for human rights are primarily enshrined in Part III of the
Constitution, which deals with Fundamental Rights. These rights are considered essential for the
well-being and dignity of individuals. Here are some key constitutional guarantees for human
rights in India:

Right to Equality (Article 14-18):

Article 14 ensures equality before the law and equal protection of laws.
Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

Article 16 guarantees equality of opportunity in matters of public employment.

Article 17 abolishes untouchability, and its practice in any form is forbidden.

Article 18 abolishes titles and prohibits their conferment by the state.

Right to Freedom (Article 19-22):

Article 19 guarantees six freedoms: freedom of speech and expression, freedom to assemble
peacefully, freedom to form associations or unions, freedom to move freely, freedom to reside and
settle in any part of India, and freedom to practice any profession or occupation.

Article 20 provides protection against ex post facto laws and double jeopardy.

Article 21 ensures the right to life and personal liberty, which has been interpreted expansively by
the judiciary to include various other rights.

Right against Exploitation (Article 23-24):

Article 23 prohibits trafficking in human beings and forced labor.

Article 24 prohibits the employment of children below the age of 14 in hazardous industries.

Right to Freedom of Religion (Article 25-28):

Article 25 guarantees the freedom of conscience and the right to freely profess, practice, and
propagate religion.

Article 26 provides for the freedom to manage religious affairs.

Article 27 prohibits the use of public funds for religious purposes.

Article 28 prohibits religious instruction in state-funded educational institutions.

Article 29 protects the interests of minorities by allowing them to conserve their distinctive
language, script, or culture.

Article 30 grants minorities the right to establish and administer educational institutions of their
choice.

Right to Constitutional Remedies (Article 32):

Article 32 provides the right to move the Supreme Court for the enforcement of fundamental rights.
It is considered the "heart and soul" of the Indian Constitution and ensures an effective mechanism
for the protection of fundamental rights.

2. The Protection of Human Rights Act, 1993

The Protection of Human Rights Act, 1993 is a significant legislation in India that aims to protect
and promote human rights within the country. Here is a summary and an explanation of its
importance:

Summary:

The Protection of Human Rights Act, 1993 was enacted to establish a National Human Rights
Commission (NHRC) at the national level and State Human Rights Commissions (SHRC) at the
state level. The primary objective of this Act is to safeguard and promote human rights, investigate
complaints of human rights violations, and provide redressal for victims.

The NHRC and SHRCs are empowered to inquire into complaints of human rights violations,
including cases of police misconduct, custodial torture, violation of rights of marginalized
communities, and other instances where fundamental rights are compromised. These commissions
have quasi-judicial powers to summon evidence, receive affidavits, and carry out investigations,
making them important bodies responsible for protecting human rights in India.

Importance:
  Promoting Human Rights: The 1993 Act plays a crucial role in promoting human rights in
India by establishing dedicated commissions at the national and state levels. These
commissions have the mandate to raise awareness, conduct investigations, and take
necessary actions to prevent and remedy human rights violations.
 Investigating Complaints: The Act provides for an effective mechanism to investigate
complaints of human rights violations. Individuals who have suffered from human rights
abuses can approach the NHRC or SHRCs to seek justice and redressal. This ensures that
victims have a platform to voice their grievances and hold perpetrators accountable.
 Monitoring and Redressal: The Act empowers the NHRC and SHRCs to monitor the
functioning of various government institutions and review their compliance with human
rights standards. If they identify lapses or violations, they can issue recommendations,
guidelines, and directives to rectify the situation. This oversight role helps in promoting
transparency and accountability within the system.
 Safeguarding Marginalized Communities: The Act places special emphasis on protecting
and uplifting marginalized communities, such as scheduled castes and scheduled tribes, by
addressing specific human rights violations they may face. It enables these communities to
seek justice for discrimination, atrocities, and social injustices they endure.
 Judicial and Quasi-judicial Powers: The NHRC and SHRCs are vested with judicial and
quasi-judicial powers, enabling them to summon witnesses, gather evidence, and provide
remedies. This gives them the authority to conduct fair and impartial investigations,
ensuring that those responsible for human rights violations are held accountable.
 Human Rights Education and Awareness: The Act emphasizes the importance of
promoting human rights education and awareness. It mandates the NHRC and SHRCs to
undertake various activities to raise awareness about human rights and disseminate
information about their work. This promotes a culture of human rights in society.

3. National Human Rights Commission (NHRC):

The NHRC is an independent statutory body established under the Protection of Human Rights
Act, 1993. It is responsible for promoting and protecting human rights and investigating
complaints of human rights violations.
 4. Protection of Civil Liberties:

Laws such as the Right to Information Act and the Protection of Civil Liberties Act aim to enhance
transparency and protect the civil liberties of citizens.

5. Women's Rights:

Various laws address women's rights, including the Protection of Women from Domestic Violence
Act, 2005, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act, 2013.

6. Child Rights:

The Juvenile Justice (Care and Protection of Children) Act, 2015, and the Protection of Children
from Sexual Offences (POCSO) Act, 2012, are some legal measures to protect the rights of
children.

7. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act:

This Act is aimed at preventing atrocities against individuals belonging to Scheduled Castes and
Scheduled Tribes.

8. Anti-Torture Legislations:

India signed the UN Convention against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment in 1997, but legislation specifically criminalizing torture is still under
consideration.

Challenges in Implementation:

Implementing human rights legislation faces various challenges globally, including in India. Some
common challenges include:

Awareness and Education:

Cultural and Social Factors:

Deep-rooted cultural practices, societal norms, and attitudes may conflict with human rights
principles, making it challenging to change ingrained behaviors and practices.

Corruption and Impunity:

Corruption within law enforcement and judicial systems can undermine the implementation of
human rights laws. Lack of accountability for human rights violations contributes to a culture of
impunity.

Resource Constraints:

Inadequate financial and human resources allocated to human rights institutions and mechanisms
may limit their capacity to address violations effectively.

Political Will:

The political will to implement and enforce human rights legislation is crucial. Political
considerations may sometimes take precedence over human rights concerns, leading to a lack of
commitment to effective implementation.

Overlapping and Contradictory Laws:

Inconsistencies and contradictions in existing laws, as well as overlapping jurisdictions, can create
confusion and hinder the uniform application of human rights standards