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What are human rights?
ï Human rights are said to be inherent, inalienable and universal.
universal.
ï They are inherent, in that they belong to everyone because of their
common humanity.
humanity.
ï They are inalienable, in that people cannot give them up or be deprived
of them by governments
governments..
ï They are universal, in that they apply regardless of distinctions such as
race, sex, language or religion.
religion.
ï Human rights govern how individual human beings live in society and
with each other, as well as their relationship with the State and the
obligations that the State has towards them
them..
ï Human rights aim to recognise and protect the dignity of all human
beings whatever their status or condition in life.
life.
ï human rights are not the gift or bounty of any political sovereign
through legislation or any edict, but are rights inherent in human
existence. The purpose of any law dealing with these rights is merely to
recognize them, to regulate their exercise and to provide for their
enforcement, and the ancillary matters.
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ï Slaves were property and could be sold
ï Masters could do as they like with their slaves
ï Masters could destroy slaves
ï Slaves could be killed
ï Slaves couldn¶t marry, Slaves couldn¶t be educated
ï ›  
 
ï › couldn¶t
couldn¶t ¢
   
ï ›   ¢      
ï  ¢ 
  
ï › 
       
ï     
ï  
   

  
 
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ï Most of the world¶s major philosophies, religions and cultures have
recognised similar concepts in one form or another for centuries, but it
took the atrocities that occurred during World War II to galvanise the
international community into developing common standards and
processes for the protection of human rights.
rights. In 1945 the United Nations
developed a Charter based on the precedents included in the Nuremburg
Judgement . The Charter¶s primary purpose was to establish a system for
ensuring global peace and security that included µpromoting and
encouraging respect for human rights and for fundamental freedoms for
all without distinction as to race, sex, language or religion¶ (Article 1,
para..3).
para

ï Documents asserting individual rights, such the Magna Carta (1215),


1215), the
English Bill of Rights (1689),
1689), the French Declaration on the Rights of
Man and Citizen (1789),
1789), and the US Constitution and Bill of Rights
(1791
1791)) are the written precursors to many of today¶s human rights
documents.. Yet many of these documents, when originally translated into
documents
policy, O O O, people of colour, colour, and members of certain
social, religious, economic, and political groups.
groups. Nevertheless, oppressed
people throughout the world have drawn on the principles these
documents express to support revolutions that assert the right to self-
self-
determination..
determination

  
 
ï
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O
The idea of human rights emerged stronger after World War II.
II. The
extermination by Nazi Germany of over six million Jews, Sinti and Romani
(gypsies), homosexuals, and persons with disabilities horrified the world.
world.
Trials were held in Nuremberg and Tokyo after World War II, II, (judges from
victorious nations, therefore the impartiality of the decisions given by these
courts were questioned-
questioned-you can not be judge in your own cause, so it was
rights) and officials from the defeated
the sheer violation of human rights)
countries were punished for committing war crimes, "crimes against
peace," and "crimes against humanity.
humanity."
ï Governments then committed themselves to establishing the United
Nations, with the primary goal of bolstering international peace and
preventing conflict.
conflict.
ï People wanted to ensure that never again would anyone be unjustly denied
life, freedom, food, shelter, and nationality.
nationality.
ï The essence of these emerging human rights principles was captured in
President Franklin Delano Roosevelt¶s 1941 State of the Union Address
when he spoke of a world founded on four essential freedoms:
freedoms: freedom of
speech and religion and freedom from want and fear.fear.
ï The calls came from across the globe for human rights standards to protect
citizens from abuses by their governments, standards against which nations
could be held accountable for the treatment of those living within their
borders..
borders

  
 
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O
ï 
O 
 

O

. Human rights are universal and inalienable.
inalienable. All people everywhere in the
world are entitled to them.
them. The human person in whom they inhere cannot voluntarily give them up.up. Nor can others
take them away from him or her.
her. As stated in article 1 of the Universal Declaration of Human Rights, ³All human
beings are born free and equal in dignity and rights´.
rights´.
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. Human rights are indivisible.
indivisible. Whether of a civil, cultural, economic, political or social nature,
they are all inherent to the dignity of every human person.
person. Consequently, they all have equal status as rights, and
cannot be ranked, a priori, in a hierarchical order.
order.
ï | O OOOO 
 O O OO. The realization of one right often depends, wholly or in part,
upon the realization of others.
others. For instance, realization of the right to health may depend, in certain circumstances,
on realization of the right to education or of the right to information.
information.
ï 
  




. All individuals are equal as human beings and by virtue of the
inherent dignity of each human person.
person. All human beings are entitled to their human rights without discrimination
of any kind, such as race, colour,
colour, sex, ethnicity, age, language, religion, political or other opinion, national or social
origin, disability, property, birth or other status as explained by the human rights treaty bodies.
bodies.
ï 


 

. Every person and all peoples are entitled to active, free and meaningful
participation in, contribution to, and enjoyment of civil, economic, social, cultural and political development in
which human rights and fundamental freedoms can be realized.
realized.
ï  

  O  . States and other duty-
duty-bearers are answerable for the observance of
human rights.
rights. In this regard, they have to comply with the legal norms and standards enshrined in human rights
instruments.. Where they fail to do so, aggrieved rights-
instruments rights-holders are entitled to institute proceedings for appropriate
redress before a competent court or other adjudicator in accordance with the rules and procedures provided by law

  
 
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O
ï The Virginia Bill of Rights (1776)
1776) proclaimed that:
that: ³All men are by nature
equally free and independent and have certain inherent rights,
rights, of which,
when they enter a state of society they cannot by any compact deprive or
divest their posterity:
posterity: namely, the enjoyment of life and liberty, with the
means of acquiring and possessing property and pursuing and obtaining
happiness..´ (future generations)
happiness

ï The American Declaration of Independence further said: said: ³We hold these
truths to be self-
self-evident:
evident: that all men are created equal;
equal; that they are
endowed by their creator with certain inalienable rights;
rights; that among these
are life, liberty and the pursuit of happiness.
happiness.´

ï The French Declaration [1789]


1789] said
said:: ³Men are born and remain free and
equal in rights«
rights« the purpose of all political association is the conservation
of the natural and inalienable rights of man:man: these rights are liberty,
property, security and resistance to oppression.
oppression.´

  
ï The Magna Carta is a document that King John of England
(1166 - 1216
1216)) was forced into signing.
signing. King John was forced
into signing the charter because it greatly reduced the power
he held as the King of England and allowed for the formation
of a powerful parliament.
parliament.

ï The purpose of the Magna Carta was to curb the King and
make him govern by the old English laws.
laws. King John signed
the document which was originally called the 'Articles of the
Barons' on June 10
10,, 1215
1215..

ï The content of the Magna Carta was drafted by Archbishop


Stephen Langton and the most powerful Barons of England
England..

  
ï In 1205 King John quarrelled with the Pope Innocent III about who should be
archbishop of Canterbury.
Canterbury. The Pope wanted a man named Stephen Langton to
be archbishop, but King John swore he should never come to England.
England.
ï In 1209 The pope retaliated, excommunicated King John and banned all church
services in all churches.
churches.
ï Pope Innocent made the king and people pay him money whenever he
demanded itit.. (Dominance of the Church).
Church).
ï Taxes levied by King John were huge.
huge. In 1212 King John imposes taxes on the
Barons..
Barons
ï King John quarrels with the Barons over his methods of ruling England.
England.
ï The Barons and Stephen Langton decided to curb the King and make him
govern by the old English laws.
laws.
ï The Barons took up arms against King John John.. The Barons captured London in
May 1215
1215..
ï King John signed and sealed the document on June 10 10,, 1215
1215..
ï The royal chancery produced a formal royal grant, based on the agreements
reached at Runnymede, which became known as Magna Carta. Carta.

O
O 

ï At the threshold of the new century, the world leaders gathered in New York for the
World Summit to consider the challenges faced in the new century, and they set out
their aims in their Millennium Declaration. (Adopted
Adopted by the United Nations General
Assembly in its resolution 55/
55/2 of 8 September 2000)
2000). By the year 2015, all United
Nations member states have pledged to meet the goals:
Eradicate extreme poverty and hunger

Achieve universal primary education

Promote gender equality and empower women

Reduce child mortality

Improve maternal health

Combat HIV/AIDS, malaria and other diseases

Ensure environmental sustainability

Develop a global partnership for development



O
O 


O
ï The then UN Secretary General, Kofi Annan in his UN Day
(24 October, 2000) message referred to the Declaration:
³They pledged themselves to free their peoples ± from the
scourge of  , from abject and dehumanizing  O ,
and from the threat of living on a  O O with
few natural resources left. They undertook to promote
O   O O  ; to protect 
 O
and other vulnerable people; and to meet the O

OO  
. And they promised to make the United
Nations itself more effective, as an instrument for pursuing
all those aims.´
The Universal Declaration of Human
Rights
ï Member states of the United Nations pledged to promote respect for the human
all. To advance this goal, the UN established a Commission on Human
rights of all.
Rights and charged it with the task of drafting a document spelling out the meaning
of the fundamental rights and freedoms proclaimed in the Charter.
Charter. The Commission
was guided by Eleanor Roosevelt¶s forceful leadership.
leadership.
ï On December 10, 10, 1948,
1948, the Universal Declaration of Human Rights (UDHR) was
adopted by the 56 members of the United Nations. Nations. The vote was unanimous,
although eight nations chose to abstain.
abstain.
ï The UDHR, commonly referred to as the international Magna Carta, Carta, extended the
revolution in international law ushered in by the United Nations Charter ± namely,
that how a government treats its own citizens is now a matter of legitimate
international concern, and not simply a domestic issue.
issue. It claims that all rights are
interdependent and indivisible
indivisible.. Its Preamble asserts that
that::
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ï The influence of the UDHR has been substantial. substantial. Its principles have been
incorporated into the constitutions of most of the more than 185 nations now in the
UN.. Although the declaration is not a legally enforceable and binding document,
UN
the Universal Declaration has achieved the status of customary international law
because people regard it "as a common standard of achievement for all people and
all nations.
nations."
The Universal Declaration of Human
Rights continued«
ï With the goal of establishing mechanisms for enforcing the UDHR, the UN
Commission on Human Rights proceeded to draft two treaties treaties:: the
International Covenant on Civil and Political Rights (ICCPR) and its
optional Protocol and the International Covenant on Economic, Social and
Cultural Rights (ICESCR).
(ICESCR). Together with the Universal Declaration, they
are commonly referred to as the International Bill of Human Rights.
Rights.

ï The ICCPR focuses on such issues as the right to life, freedom of speech,
religion, and voting.
voting. The ICESCR focuses on such issues as food,
education, health, and shelter.
shelter. Both covenants trumpet the extension of
rights to all persons and prohibit discrimination.
discrimination.

ï It was in 1946 that a Human Rights Commission was formed under the
United Nations on international basis.
basis. On 10 December 1948 the United
Nations Organisation adopted the well known Declaration of Human
Rights.. That declaration ensures to every one in the world his birthright to
Rights
lead a life without any discrimination on the basis of caste, religion, race,
language, citizenship, conviction, culture, family, sex, and so on
on..
The Universal Declaration of Human
Rights continued«
ï The UDHR contains a preamble and 30 articles, which include a general
prohibition of discrimination and set forth various types of rights and
obligations including political and civil rights (such as the right to life, liberty
and security of person, freedom from slavery and servitude, freedom from
torture and cruel, inhuman or degrading treatment or punishment, the right to
recognition before the law, and the freedoms of thought, conscience, religion,
expression, opinion, assembly and association) and economic, social and
cultural rights (among them the rights to social security, work, education, and
to a standard of living adequate for health and well-
well-being).
being).
ï Although the UDHR is not a legally binding instrument (i (i..e. it does not create
legal obligations for States), it has over time been widely accepted as a
universal agreement on fundamental human rights norms that duty bearers are
expected to respect, protect and fulfill.
fulfill. It therefore carries significant moral
weight, and a number of its provisions now constitute customary international
law..
law
ï The UDHR has inspired a large number of legal documents at the national,
regional and international levels.
levels. Many subsequent international instruments
are based on its catalogue of fundamental rights and freedoms.
freedoms.
The Universal Declaration of
ï
Human Rights continued«
Can there be any hierarchy among human rights?
ï The 1948 Universal Declaration of Human Rights makes it clear that human
rights of all kinds²
kinds²economic, political, civil, cultural and social²
social²are of equal
validity and importance.
importance. This fact has been reaffirmed repeatedly by the
international community, for example in the 1986 Declaration on the Right to
Development, the 1993 Vienna Declaration and the near- near-universally ratified
Convention on the Rights of the Child.
Child. So there is no hierarchy among human
rights i.e. all human rights are equally important.
important. (answer to the above
mentioned question is µNO¶)
ï In general, To respect human rights means simply not to interfere with their
enjoyment.. For instance, States should refrain from carrying out forced
enjoyment
evictions and not arbitrarily restrict the right to vote or the freedom of
association..
association
ï To protect human rights means to take steps to ensure that third parties do not
interfere with their enjoyment.
enjoyment. For example, States must protect the
accessibility of education by ensuring that parents and employers do not stop
girls from going to school.
school.
ï To fulfil human rights means to take steps progressively to realize the right in
question..
question
The Universal Declaration of
Human Rights continued«
ï The Declaration not only creates duties for States, but makes it clear that
individuals too, have responsibilities.
responsibilities. In international human rights standards
(International Council on Human Rights Policy, 1999),1999), we find three kinds of
duties that apply to individuals:
individuals:

ï the duty of individuals vested with State authority to respect, promote and
protect human rights

ï the duty of individuals to exercise their rights responsibly

ï more general duties of individuals to others and their community.


community.

ï Article 29 specifically states that µeveryone has duties to the community in


which alone the free and full development of his personality is possible.
possible.¶

ï The rights in the Declaration fall roughly into two categories


categories.. The first consists
of civil and political rights, such as freedom of opinion and expression and the
right to justice.
justice. These are often recognised by States in Constitutions or laws
such as Bills of Rights.
Rights. The second comprises economic, cultural and social
rights, such as the right to work, or to µa reasonable standard of living¶.
living¶.
 O |   O

ï The Convention on the Elimination of All Forms of Racial
Discrimination
ï The Convention on the Prevention and Punishment of the
Crime of Genocide
ï The Convention on the Political Rights of Women
ï The Slavery Convention of 1926
ï The Convention against Torture and Other Cruel,
ï Inhuman or Degrading Treatment or Punishment (ICESCR)
(1966
1966),
), The International Convention on the Elimination of All
Forms of Racial Discrimination (ICERD), The Convention on
the Elimination of All Forms of Discrimination against Women
(CEDAW), The Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT), The
Convention on the Rights of the Child (CRC), The
International Convention on the Protection of the Rights of All
Migrant Workers and Members of their Families (ICRMW),
The International Convention on the Rights of Persons with
Disabilities
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 O 
ï In order to give the standards in the Declaration legal force, two major
covenants were developed in the years following its adoption.
adoption. One deals
with civil and political rights ± the International Covenant on Civil and
Political Rights (ICCPR) ± and the other with economic, social and cultural
rights ± the International Covenant on Economic, Social and Cultural
Rights (ICESCR).
(ICESCR). Both were adopted by a special resolution of the UN
General Assembly in 1966 and came into effect when the necessary
number of countries had ratified them in 1976.
1976. The two covenants and the
Declaration are often referred to as the International Bill of Rights.
Rights.
ï The concepts in the Declaration have been further refined in a series of
specialist treaties or conventions that address matters of concern to
particular groups such as women and children.
children. As with the two major
covenants, these conventions are binding on the States that ratify them.
them. The
other major treaties are the International Convention on the Elimination of
All Forms of Racism (CERD), the Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW), the Convention
Against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT) and the Convention on the Rights of the Child
(UNCROC).. Some of these instruments are supplemented by Optional
(UNCROC)
Protocols that allow individuals to take complaints to the relevant UN body
after they have exhausted their domestic remedies.
remedies.
O O 



ï HOW TO MAKE INTERNATIONAL RULES APPLICABLE AT
DOMESTIC OR NATIONAL LEVEL?
ï Freedom of the concerned State to apply International Law as it is or
to apply it with modifications at the municipal level.
level.
ï Freedom to ratify it or not.
not.
ï How the International instruments are developed: developed: They are
developed by a process of negotiation among United Nations
member States to produce a set of standards acceptable to all of
them.. Individual States then decide whether to accede to, or ratify, a
them
treaty..
treaty
ï Ratification is acceptance by a State that it will be bound by the
terms of a treaty and will guarantee their implementation to its
people.. In ratifying an instrument a State recognises the
people
international law and accepts an obligation to respect, protect,
promote and fulfil the rights in a treaty.
treaty. The duty to respect a right
requires the State to refrain from carrying out any actions which
violate it
it.. The duty to protect requires action by the State to prevent
violation by others.
others. The duty to promote means a State should raise
awareness of the right.
right. The duty to fulfil requires the State to take
steps to ensure the full realisation of the right.
right.
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ï (1) PROTECTION OF RIGHT TO LIFE AND PERSONAL LIBERTY LIBERTY..
ï (2) RIGHT TO PRIVACY
PRIVACY..
ï (3) RIGHT TO OWN PROPERTY
PROPERTY..
ï (4) FREEDOM FROM TORTURE TORTURE..
ï (5) INHUMAN AND DEGRADING TREATMENT TREATMENT..
ï (6) FREEDOM OF THOUGHTTHOUGHT..
ï (7) CONSCIENCE AND RELIGIONRELIGION..
ï (8) FREEDOM OF MOVEMENT
MOVEMENT..
ï (9) RIGHT OF SELF SELF--DETERMINATION
DETERMINATION.. (freely determine their political
status and freely pursue their economic, social and cultural development.
development.)
ï (10
10)) GENDER EQUALITY
ï (11
11)) No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
punishment.
ï (12
12)) slavery, forced or compulsory labour PROHIBITED.
PROHIBITED.
ï (13
13)) No one shall be imprisoned merely on the ground of inability to fulfil a
contractual obligation
ï (14
14)) Right to vote (Adult Suffrage)

 
  

 
ï (1) RIGHT OF SELFSELF--DETERMINATION
ï (2) NO DISCRIMINATION
DISCRIMINATION..
ï (3) equal right of men and women
ï (4) the right of everyone to the opportunity to gain his living by work which
he freely chooses or accepts
ï (5) enjoyment of just and favourable conditions of work
ï (6) The right of everyone to form trade unions and join the trade union of
his choice
ï (7) right of everyone to social security, including social insurance
ï (8) adequate standard of living
ï (9) highest attainable standard of physical and mental health.
health.
ï (10
10)) right of everyone to education
ï (11
11)) All reports shall be submitted to the Secretary-
Secretary-General of the United
Nations, who shall transmit copies to the Economic and Social Council for
consideration in accordance with the provisions of the present Covenant;
Covenant;
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ï Civil and political rights are considered to be absolute and to take
effect as soon as a State ratifies the Covenant.
Covenant. The rights apply
equally and without discrimination.
discrimination. The obligations to ensure
equality and non-
non-discrimination are described as non-
non-derogable
derogable..
That is, once a State ratifies the covenant it cannot deviate from
them under any circumstances.
circumstances.

ï The obligations under the ICCPR can be limited in two ways only only::
Article 4 permits temporary derogation in situations of public
emergency that threaten the life of the nation.
nation. Such limitations are
permitted only µto the extent strictly required by the exigencies of
the situation¶.
situation¶. For example, in some closely defined circumstances
Article 9, relating to arrest and detention, may not apply.
apply.
Some of the articles include limitation clauses.
clauses. For example, Article
19 (which relates to freedom of expression) allows legal restrictions
if they are to protect the rights or reputations of others, in situations
of public emergency, and if they are prescribed by law.
law.
The relationship between civil and
political rights and economic, social
and cultural rights
ï The 1993 Vienna World Conference reaffirmed that human rights are
indivisible and interrelated.
interrelated. In other words, no right is superior to
another and different rights should not be considered in isolation,
since the enjoyment of one will often depend on the realisation of
another..
another
ï Originally it was intended that a single treaty would address both
social and economic, and civil and political rights.
rights. Two separate
treaties were eventually developed, because:
because:
ï (1) civil and political rights were considered to be enforceable,
enforceable, or
justiciable,, while economic, social and cultural rights were not
justiciable
ï (2) civil and political rights were thought to be immediately
applicable,, while social and economic rights could only be
applicable
implemented progressively
ï (3) generally speaking, civil and political rights were considered to
be rights of the individual µagainst¶ the State (that is, against
unlawful and unjust action of the State) while social and economic
rights were rights that the State would have to take positive action to
promote (United Nations, 1955)
1955).


 
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ï Article 28 says that there shall be established a Human Rights
Committee.. It shall consist of eighteen members and shall
Committee
carry out the functions hereinafter provided.
provided. The Committee
shall be composed of nationals of the States Parties to the
present Covenant who shall be persons of high moral character
and recognized competence in the field of human rights, rights,
consideration being given to the usefulness of the participation
of some persons having legal experience.
experience.
ï Article 29:
29: The members of the Committee shall be elected by
secret ballot from a list of persons possessing the
qualifications prescribed in article 28 and nominated for the
purpose by the States Parties to the present Covenant.
Covenant.
Each State Party to the present Covenant may nominate not
more than two persons.
persons. These persons shall be nationals of the
nominating State.
State.
A person shall be eligible for renomination
renomination..


 
OOO 
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O
ï Article 30:
30: At least four months before the date of each election
to the Committee, other than an election to fill a vacancy, the
Secretary--General of the United Nations shall address a written
Secretary
invitation to the States Parties to the present Covenant to submit
their nominations for membership of the Committee within three
months..
months
ï The Secretary-
Secretary-General of the United Nations shall prepare a list
in alphabetical order of all the persons thus nominated, with an
indication of the States Parties which have nominated them, and
shall submit it to the States Parties to the present Covenant no
later than one month before the date of each election.
election.
ï Elections of the members of the Committee shall be held at a
meeting of the States Parties to the present Covenant convened
by the Secretary General of the United Nations at the
Headquarters of the United Nations
ï Article 32:
32: The members of the Committee shall be elected for a
term of four years
years.. They shall be eligible for re re--election if
renominated..
renominated


 
OOO 
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ï Article 33:
33: If, in the unanimous opinion of the other members, a
member of the Committee has ceased to carry out his functions
for any cause other than absence of a temporary character, the
Chairman of the Committee shall notify the Secretary-
Secretary-General of
the United Nations, who shall then declare the seat of that
member to be vacant.
vacant.
In the event of the death or the resignation of a member of the
Committee, the Chairman shall immediately notify the Secretary-
Secretary-
General of the United Nations, who shall declare the seat vacant
from the date of death or the date on which the resignation takes
effect..
effect
ï Article 34:
34: fill the vacancy
ï Article 35:
35: The members of the Committee shall, with the
approval of the General Assembly of the United Nations, receive
emoluments from United Nations resources on such terms and
conditions as the General Assembly may decide, having regard to
the importance of the Committee's responsibilities.
responsibilities.


 
OOO 
| 
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ï Article 36:
36: The Secretary-
Secretary-General of the United Nations shall
provide the necessary staff and facilities for the effective
performance of the functions of the Committee under the
present Covenant.
Covenant.
ï Article 37:
37: The Secretary-
Secretary-General of the United Nations shall
convene the initial meeting of the Committee at the
Headquarters of the United Nations.
Nations. After its initial meeting,
the Committee shall meet at such times as shall be provided in
its rules of procedure.
procedure. The Committee shall normally meet at
the Headquarters of the United Nations or at the United
Nations Office at Geneva.
Geneva.
ï Article 38:
38: Every member of the Committee shall, before
taking up his duties, make a solemn declaration in open
committee that he will perform his functions impartially and
conscientiously..
conscientiously


 
OOO 
| 
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ï Article 39 : The Committee shall establish its own rules of procedure,
procedure, but these
rules shall provide that:
that: (a) Twelve members shall constitute a quorum;
quorum; (b)
Decisions of the Committee shall be made by a majority vote of the members
present..
present
ï Article 40:
40: The States Parties to the present Covenant undertake to submit
reports on the measures they have adopted which give effect to the rights
recognized herein and on the progress made in the enjoyment of those rights: rights:
(a) Within one year of the entry into force of the present Covenant for the
States Parties concerned;
concerned; (b) Thereafter whenever the Committee so requests.
requests.
ï All reports shall be submitted to the Secretary-
Secretary-General of the United Nations,
who shall transmit them to the Committee for consideration
consideration.. Reports shall
indicate the factors and difficulties,
difficulties, if any, affecting the implementation of the
present Covenant.
Covenant. The Secretary-
Secretary-General of the United Nations may, after
consultation with the Committee, transmit to the specialized agencies
concerned copies of such parts of the reports as may fall within their field of
competence..
competence
ï The Committee shall study the reports submitted by the States Parties to the
present Covenant.
Covenant. It shall transmit its reports, and such general comments as it
may consider appropriate, to the States Parties.Parties. The Committee may also
transmit to the Economic and Social Council these comments along with the
copies of the reports it has received from States Parties to the present Covenant.
Covenant.


 
OOO 
ï
| 
O
Article 41:
41: A State Party to the present Covenant may at any time declare under this
article that it recognizes the competence of the Committee to receive and consider
communications to the effect that a State Party claims that another State Party is not
fulfilling its obligations under the present Covenant.
Covenant. Communications under this article
may be received and considered only if submitted by a State Party which has made a
declaration recognizing in regard to itself the competence of the Committee. Committee. No
communication shall be received by the Committee if it concerns a State Party which has
not made such a declaration.
declaration. Communications received under this article shall be dealt
with in accordance with the following procedure:
procedure:
ï (a) If a State Party to the present Covenant considers that another State Party is not
giving effect to the provisions of the present Covenant, it may, by written
communication, bring the matter to the attention of that State Party.
Party. Within three months
after the receipt of the communication the receiving State shall afford the State which
sent the communication an explanation, or any other statement in writing clarifying the
matter which should include, to the extent possible and pertinent, reference to domestic
procedures and remedies taken, pending, or available in the matter;
matter;
ï (b) If the matter is not adjusted to the satisfaction of both States Parties concerned within
six months after the receipt by the receiving State of the initial communication, either
State shall have the right to refer the matter to the Committee,
Committee, by notice given to the
Committee and to the other State;
State;
ï (c) The Committee shall deal with a matter referred to it only after it has ascertained that
all available domestic remedies have been invoked and exhausted in the matter, in
conformity with the generally recognized principles of international law. law. This shall not
be the rule where the application of the remedies is unreasonably prolonged;
prolonged;


 
OOO 
| 
O 
O
ï The Committee shall make available its good offices to the States Parties
concerned with a view to a friendly solution of the matter on the basis of respect
for human rights and fundamental freedoms as recognized in the present
Covenant;;
Covenant
ï In any matter referred to it, the Committee may call upon the States Parties
concerned, to supply any relevant information;
information;
ï The States Parties concerned, shall have the right to be represented when the
matter is being considered in the Committee and to make submissions orally
and/or in writing;
writing;
ï (h) The Committee shall,
shall, within twelve months submit a report:
report:
ï (i) If a solution is reached,
reached, the Committee shall confine its report to a brief
statement of the facts and of the solution reached;
reached;
ï (ii) If a s
nn is not reached,
reached, the Committee shall confine its report to a brief
statement of the facts; facts; the written submissions and record of the oral
submissions made by the States Parties concerned shall be attached to the report.
report.
In every matter, the report shall be communicated to the States Parties
concerned..
concerned


 
OOO 
ï
| 
O 
O
Article 42:
42: If a matter referred to the Committee in accordance with article 41 is not
resolved to the satisfaction of the States Parties concerned, the Committee may,
with the prior consent of the States Parties concerned, appoint an ad hoc
Conciliation Commission.
Commission. The good offices of the Commission shall be made
available to the States Parties concerned with a view to an amicable solution of the
matter on the basis of respect for the present Covenant;
Covenant;
ï The Commission shall consist of five persons acceptable to the States Parties
concerned.. If the States Parties concerned fail to reach agreement within three
concerned
months on all or part of the composition of the Commission,
Commission, the members of the
Commission concerning whom no agreement has been reached shall be elected by
secret ballot by a two-
two-thirds majority vote of the Committee from among its
members..
members
ï The members may be nationals of the States Parties concerned, or of a State not
Party to the present Covenant, or of a State Party which has not made a declaration
under article 41.
41. The Commission shall elect its own Chairman and adopt its own
rules of procedure.
procedure.
ï The information received and collated by the Committee shall be made available to
the Commission and the Commission may call upon the States Parties concerned to
supply any other relevant information.
information.
ï When the Commission has fully considered the matter,
matter, but in any event not later
than twelve months after having been seized of the matter, it shall submit to the
Chairman of the Committee a report for communication to the States Parties
concerned::
concerned


 
OOO 
| 
O 
O
ï (a) If the Commission is unable to complete its consideration of the matter
within twelve months,
months, it shall confine its report to a brief statement of the
status of its consideration of the matter;
matter;
ï (b) If an amicable solution to the matter on tie basis of respect for human
reached, the Commission
rights as recognized in the present Covenant is reached,
shall confine its report to a brief statement of the facts and of the solution
reached;;
reached
ï (c) If a solution is not reached,
reached, the Commission's report shall embody its
findings on all questions of fact relevant to the issues between the States
Parties concerned, and its views on the possibilities of an amicable solution
of the matter.
matter. This report shall also contain the written submissions and a
record of the oral submissions made by the States Parties concerned;
concerned;
ï The States Parties concerned shall share equally all the expenses of the
members of the Commission in accordance with estimates to be provided
by the Secretary-
Secretary-General of the United Nations.
Nations.
ï The Secretary-
Secretary-General of the United Nations shall be empowered to pay
the expenses of the members of the Commission, if necessary, before
reimbursement by the States Parties concerned,


 
OO
ï Article 43:
43: The members of the Committee, and of the ad hoc conciliation
commissions which may be appointed under article 42, 42, shall be entitled to
the facilities, privileges and immunities of experts on mission for the
United Nations as laid down in the relevant sections of the Convention on
the Privileges and Immunities of the United Nations.
Nations.

ï Article 44:
44: The provisions for the implementation of the present Covenant
shall apply without prejudice to the procedures prescribed in the field of
human rights by or under the constituent instruments and the conventions
of the United Nations and of the specialized agencies and shall not prevent
the States Parties to the present Covenant from having recourse to other
procedures for settling a dispute in accordance with general or special
international agreements in force between them.
them.

ï Article 45:
45: The Committee shall submit to the General Assembly of the
United Nations, through the Economic and Social Council, an annual report
on its activities.
activities.

   |

|    |   |||

| |  ||
Articles 14-
14-18 on Right to Equality,

Articles 19-
19-22 on Right to Freedom,

Articles 23-
23-24 on Right against Exploitation,

Articles 25-
25-28 on Right to Freedom of Religion,

Articles 29-
29-31 on Cultural and Educational Rights,

Articles 32-
32-35 on Right to Constitutional Remedies.
Remedies.
|
 |  
| |  || 
 | 
 | 
ï 14. Equality before law.
14. law. (available to both citizens and
non--citizens)
non citizens)..

ï 15. Prohibition of discrimination on grounds of religion,


15.
race, caste, sex or place of birth.
birth. ( even laws can be made
in favour of Women, children, schedule caste and
schedule tribes.
tribes.)

ï 16. Equality of opportunity in matters of public


16.
employment

ï 17.. Abolition of Untouchability.


17 Untouchability.

18.. Abolition of titles.


18 titles.

  |
 | | 
ï
 ||
The Preamble states:
states:
³ WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: citizens:
JUSTICE, social, economic and political;
political;
LIBERTY of thought, expression, belief, faith and worship;
worship;
EQUALITY of status and of opportunity;
opportunity;
and to promote among them all all;;
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty- twenty-sixth day of November, 1949, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION CONSTITUTION..´
ï Sankari Prasad Singh Deo v. Union of India, AIR 1951 SC 458 458,, the Supreme Court observed that ³If
fundamental rights are unamendable, it will lack dynamism and will lag behind the changes in the
society..
society
ï In Sajjan Singh v. State of Rajasthan, AIR 1965 SC 845 The Supreme Court as observed that ³the
fundamental rights are also subject to amendment by the Parliament and there by the Court
maintained the dynamism.
dynamism.´
ï Golaknath v. State of Punjab, AIR 1967 SC 1643 1643.., It has been observed that:
that: the Fundamental rights
has been given an important position.position. No authority including the parliament can amend the
fundamental rights.
rights. Article 368 did not confer upon Parliament the power to amend the Constitution
ï Kesavananda Bharati v. State of Kerala, (1973) 1973) 4 SCC 225225:: The amending power of the parliament is
limited to the limit of not violating the basic structure of the Constitution.
Constitution.

O  O O


 
  O
 
  OÎ
Î 
ï 

Ä Ä
 
explained that the concept of basic structure included:
included:
‡ supremacy of the Constitution
‡ republican and democratic form of government
‡ secular character of the Constitution
‡ separation of powers between the legislature, executive and the judiciary
‡ federal character of the Constitution
ï O Ä    O Ä added two more basic features to this list:
O list:
‡ the mandate to build a welfare state contained in the Directive Principles of State Policy
‡ unity and integrity of the nation
ï
OO Ä  O O

OO O O . identified a separate and shorter list of basic features:
features:
‡ sovereignty of India
‡ democratic character of the polity
‡ unity of the country
‡ essential features of the individual freedoms secured to the citizens
‡ mandate to build a welfare state
ï  O Ä stated that elements of the basic features were to be found in the
Preamble
‡ sovereign democratic republic‡
republic‡ parliamentary democracy‡
democracy‡ three organs of the State
    
ï Forty-second amendment (passed in 1976 and came into effect on January
Forty-
3, 1977
1977)). Among other things the amendment:
amendment:
ï a) gave the Directive Principles of State Policy precedence over the
Fundamental Rights
ï b) laid down that amendments to the Constitution made in the past or those
likely to be made in future could not be questioned in any court on any
ground;;
ground
ï c) removed all amendments to fundamental rights from the scope of
judicial review and
ï d) removed all limits on Parliament's power to amend the Constitution
under Article 368.
368.
ï Minerva Mills Ltd.
Ltd. v Union of India (1980)
1980) 3 SCC 625625:: They maintained
that clauses Article 368 conferred unlimited power on Parliament to
amend the Constitution.
Constitution. They said that this deprived courts of the ability to
question the amendment even if it damaged or destroyed the Constitution's
basic structure.
structure.

 | 
  | 
 
|
  |
ï 
O  All human beings are born free and equal
in dignity and rights.
rights. They are endowed with reason
and conscience and should act towards one another in
a spirit of brotherhood.
brotherhood.
ï 
O  All are equal before the law and are
entitled without any discrimination to equal
protection of the law.law. All are entitled to equal
protection against any discrimination in violation of
this Declaration and against any incitement to such
discrimination..
discrimination
| O 
 O  
 

  
 
  |
ï Article 2 (2): The States Parties to the present
Covenant undertake to guarantee that the rights
enunciated in the present Covenant will be exercised
without discrimination of any kind as to race, colour,
sex, language, religion, political or other opinion,
national or social origin, property, birth or other
status..
status
ï 
O  The States Parties to the present Covenant
undertake to ensure the equal right of men and
women to the enjoyment of all economic, social and
cultural rights set forth in the present Covenant.
Covenant.
   
| |  || 
ï Article 19 of the Indian Constitution:
Constitution: Protection of certain
rights regarding freedom of speech, etc.
etc.
(1) All citizens shall have the right-
right-
(a) To freedom of speech and expression;
expression;
(b) To assemble peaceably and without arms; arms;
(c) To form associations or unions;
unions;
(d) To move freely throughout the territory of India; India;
(e) To reside and settle in any part of the territory of India;
India;
and
(f) 2
     


     .  .
(omitted by 44th Amendment Act, 1978 (Now under Article
A).. {(Article 17 (2) (UDHR)}
300--A)
300
(g) To practise any profession, or to carry on any
occupation, trade or business.
business.
These freedoms are not absolute and are subject to
reasonable restrictions.
restrictions.
OO O


ï interests of the sovereignty and integrity of India,
ï the security of the State,
ï friendly relations with foreign States,
ï public order,
ï decency or
ï morality,
ï or in relation to contempt of court, defamation or incitement to an offence

ï (6) Nothing in sub-


sub-clause (g) of the said clause shall affect the operation of any existing law
in so far as it imposes, or prevent the State from making any law imposing, in the interests of
the general public, reasonable restrictions on the exercise of the right conferred by the said
sub--clause, and, in particular, nothing in the said sub-
sub sub-clause shall affect the operation of any
existing law in so far as it relates to, or prevent the State from making any law relating to, -

(i) The professional or technical qualifications necessary for practising any profession or
carrying on any occupation, trade or business, or

(ii) The carrying on by the State, or by a corporation owned or controlled by the State, of any
trade, business, industry or service, whether to the exclusion, complete or partial, of citizens
or otherwise].
 OOOO
O  O

ï 
O   O 
O  O 
 

 
  Everyone
has the right to freedom of opinion and expression;
expression; this right includes
freedom to hold opinions without interference and to seek, receive and
impart information and ideas through any media and regardless of frontiers.
frontiers.
ï  |  1. Everyone shall have the right to hold opinions

O 
without interference.
interference.
2. Everyone shall have the right to freedom of expression;
expression; this right shall
include freedom to seek, receive and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writing or in print, in the
form of art, or through any other media of his choice.
choice.
3. The exercise of the rights provided for in paragraph 2 of this article
carries with it special duties and responsibilities.
responsibilities. It may therefore be subject
to certain restrictions, but these shall only be such as are provided by law
and are necessary:
necessary:
(a) For respect of the rights or reputations of others;
others;
(b) For the protection of national security or of public order (order public),
or of public health or morals.
morals.
OOOO

  
ï 
O    O 
O  O 
 


 

  Everyone has the right to freedom
of peaceful assembly and association.
association.
ï 
O   | 
|  The right of peaceful
assembly shall be recognized.
recognized. No restrictions may be
placed on the exercise of this right other than those
imposed in conformity with the law and which are
necessary in a democratic society in the interests of
national security or public safety, public order (order
public), the protection of public health or morals or
the protection of the rights and freedoms of others.
others.

 

 O 

OO Ä
ï No citizen shall, on grounds only of religion, race, caste, sex,
descent, place of birth, be ineligible for, or discriminated
against in respect of, any employment or office under the
State.. ((1
State ((1)any requirement as to residence within that State or
Union territory prior to such employment or appointment (2)
in favour of the Scheduled Castes and the Scheduled Tribes
which, in the opinion of the State, are not adequately
represented in the services under the State).
State). (Article 16 of the
Indian Constitution)

ï Article 21 (2): Everyone has the right of equal access to public


service in his country.
country. (UDHR)
 

 


ï Article 23 (4)  O 
O  O 
 


 

  Everyone has the right to form and to join
trade unions for the protection of his interests.
interests.
ï 
O   | 
|  Everyone shall have the right to
freedom of association with others, including the right to form
and join trade unions for the protection of his interests.
interests.
(Subject to restrictions).
restrictions).
ï |   The States Parties to the present

O  |  
Covenant undertake to ensure the right of everyone to form
trade unions and join the trade union of his choice, subject
only to the rules of the organization concerned, for the
promotion and protection of his economic and social
interests«
interests «
To move freely and to reside and settle in
any part of the territory concerned
ï 
O   | 
ï 1. Everyone lawfully within the territory of a State shall,
within that territory, have the right to liberty of movement and
freedom to choose his residence.
residence.
2. Everyone shall be free to leave any country, including his
own..
own
3. The above-
above-mentioned rights shall not be subject to any
restrictions except those which are provided by law, are
necessary to protect national security, public order (order
public), public health or morals or the rights and freedoms of
others, and are consistent with the other rights recognized in
the present Covenant.
Covenant.
4. No one shall be arbitrarily deprived of the right to enter his
own country

||| 
| || |
ï Article 15:
15: Prohibition of discrimination on grounds of
religion, race, caste, sex or place of birth, Article 17: 17:
Abolition of Untouchablity |
 

,
ï Article 2: Everyone is entitled to all the rights and
freedoms set forth in this Declaration, without distinction
of any kind, such as race, colour,
colour, sex, language, religion,
political or other opinion, national or social origin,
property, birth or other status.
status. Furthermore, no distinction
shall be made on the basis of the political, jurisdictional
or international status of the country or territory to which
a person belongs, whether it be independent, trust, non-non-
self--governing or under any other limitation of
self
sovereignty.. 

sovereignty 


||| 
| || |
ï 
O  1): Each State Party to the present Covenant
undertakes to respect and to ensure to all individuals within its
territory and subject to its jurisdiction the rights recognized in
the present Covenant, without distinction of any kind, such as
race, colour,
colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status. status.
|
| Ä
ï Article 2 (2) The States Parties to the present Covenant
undertake to guarantee that the rights enunciated in the present
Covenant will be exercised without discrimination of any kind
as to race, colour,
colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other.
other.
| 
|  
 | |  
  !
ï It simply means that you can not make the criminal laws with retrospective
effect that is to say that an accused person is to be prosecuted and punished
according to the law already in force at the time of the commission of the
offence.. You simply can not make a criminal law and prosecute a person
offence
who earlier committed some thing which can not be called as an offence at
that very point of time.
time. Further that person is not subjected to a penalty
greater than that which might have been inflicted under the law in force at
the time of the commission of the offence.
offence.

ï Article 20 (1) of the Indian Constitution says that no person shall be


convicted of any offence except for violation of a law in force at the time of
the commission of the Act charged as an offence, nor be subjected to a
penalty greater than that which might have been inflicted under the law in
force at the time of the commission of the offence.
offence.

ï Article 11 (2) (UDHR)


(UDHR):: 2) No one shall be held guilty of any penal offence
on account of any act or omission which did not constitute a penal offence,
under national or international law, at the time when it was committed
committed.. Nor
shall a heavier penalty be imposed than the one that was applicable at the
time the penal offence was committed
committed..
 | |  
!
ï 
O " 1) (ICCPR)
(ICCPR):: No one shall be held guilty
of any criminal offence on account of any act or
omission which did not constitute a criminal offence,
under national or international law, at the time when
it was committed
committed.. Nor shall a heavier penalty be
imposed than the one that was applicable at the time
when the criminal offence was committed committed.. If,
subsequent to the commission of the offence,
provision is made by law for the imposition of the
lighter penalty, the offender shall benefit thereby.
thereby.
ï
 O

OO 

O 
ï Article 21 of the Indian Constitution deals with protection
of life and personal liberty.
liberty. It says that no person shall be
deprived of his life or personal liberty except according to
procedure established by law
law..
ï Article 3 (UDHR):
(UDHR): Everyone has the right to life, liberty
and security of person.
person.
ï Article 6 (1) (ICCPR):
(ICCPR): Every human being has the inherent
right to life.
life. This right shall be protected by law.
law. No one
shall be arbitrarily deprived of his life.
life. In countries which
have not abolished the death penalty, sentence of death may
be imposed only for the most serious crimes in accordance
with the law in force at the time of the commission of the
crime and not contrary to the provisions of the present
Covenant and to the Convention on the Prevention and
Punishment of the Crime of Genocide.
Genocide. This penalty can
only be carried out pursuant to a final judgement rendered
by a competent court«
court«
 O

OO 

O O |



ï Ä Ä  Ä   O    AIR 1950 SC 27 27:: the Supreme Court had given a literal and narrow
interpretation to article 21 and refused to infuse the procedure with the principles of natural justice.justice. Three
decades later, this view was overruled and it was held that the procedure contemplated under article 21
must answer the test of reasonableness.
reasonableness.
ï O 
Ä 
  |
 |
,, (1978
1978)) 1 SCC 248
248:: Such a procedure should be in conformity with the
principles of natural justice.
justice. This is an example of the expansive interpretation of the fundamental right. right.
ï  O
 Ä  

   
 AIR 1986 SC 180 180:: it was held that the sweep of the right
to life conferred by article 21 is wide and far- far-reaching.
reaching. It does not mean merely that life cannot be
extinguished or taken away as, for example, by the imposition and execution of the death sentence, except
according to procedure established by law law.. That is but one aspect of the right to life.
life. An equally important
facet of that right is the right to livelihood because no person can live without the means of living, that is,
the means of livelihood.
livelihood. If the right to livelihood is not treated as a part of the constitutional right to life, the
easiest way of depriving a person of his right to life would be to deprive him of his means of livelihood to
the point of abrogation.
abrogation. That, which alone makes it possible to live, leave aside what makes life livable,
must be deemed to be an integral component of the right to life. life.
ï 
O ,, [1967
  
 Ä  
O 1967]]3 SCR 525525:: The expression ³personal liberty´ in article 21 is of
the widest amplitude and it covers a variety of rights which go to constitute the personal liberty of man and
some of them have been raised to the status of distinct fundamental rights and given additional protection
under article 19 of the Constitution.
Constitution. The said expression includes the right to go abroad and no person can
be deprived of this right except according to the procedure prescribed by law
ï 

 
,, (1980
O   Ä O


 
 1980)) 3 SCC 526526:: Unnecessary handcuffing of under-
under-
trial prisoners would be against article 21
ï OO  O Ä 
  |
 AIR 1986 SC 1773 1773:: the Supreme Court deprecated detention of children in
jails..
jails
 
ï 
 Ä  O (1981) 1 SCC 420: the Supreme Court held that the right to privacy
is implicit in article 21. It has been held that surveillance, if intrusive, so seriously encroaches on the
privacy of a citizen as to infringe his fundamental right to personal liberty guaranteed by article 21 and the
freedom of movement guaranteed by article 19(1) (d). Surveillance must be to prevent crime. The right to
privacy in terms of article 21 has been discussed in various other cases.
ï  Ä# $ Ä

#%$(2003) 1 SCC 500: the Supreme Court held that disclosure by the hospital or
the doctor concerned to the persons related to the girl who intended to marry, of information that her
fiancée had been suffering from HIV (+) did not involve violation of article 21 in the context of his right to
privacy. Right to privacy is not absolute.
ï  
ÄO 
ÄO  Ä
|
(2001) 8 SCC 765: the Supreme Court after considering the
harmful effects that smoking has on non-non-smokers, gave directions to ban smoking in public places, namely,
(1) auditoriums, (2) hospital buildings, (3) health institutions, (4) educational institutions, (5) libraries, (6)
court buildings, (7) public offices, and (8) public conveyances, including railways. The language used gives
the impression that the list of places is exhaustive. Airports, for example, are not included, although they
are impliedly included
ï  
  Ä
|
(1984) 3 SCC 161 , the Supreme Court held that the
writ petition under article 32 by way of public interest litigation by a public-
public-spirited organization on behalf
of persons belonging to socially and economically weaker sections violation of their human rights on being
forced to serve as bonded labourers,
labourers, was maintainable. According to the Court, a public interest litigation is
not in the nature of an adversary litigation but it is a challenge and an opportunity to the government and its
officers to make basic human rights meaningful to the deprived and vulnerable sections of the community
and to assure them social and economic justice which is the signature tune of our Constitution. Certain
directions were given by the Court to the governments and other authorities with a view to improve the life
conditions of the poor workers of the stone quarries and ensure social justice to them so that they may be
able to breathe the fresh air of social and economic
 
ï OO O  Ä   O  
 (1982
1982)) 2 SCC 583
583,, the Supreme Court was considering
the cases of mentally sick prisoners languishing in jail for nearly two or three decades.
decades. Some
of them were acquitted being of unsound mind mind.. Some under-
under-trial prisoners of unsound mind
regained sanity long before, but no steps were taken to commence proceedings against them. them. In
view of the inordinately long incarceration already suffered by them without justification, the
Supreme Court ordered all of them to be released forthwith by providing necessary funds for
meeting expenses of their journey to their respective native places as also for maintenance for
a period of one week.
week. The above case was filed by way of public interest litigation by the Free
Legal Aid Committee, Bihar, by addressing a letter to a Judge of the Supreme Court, drawing
the Court¶s attention to unjustified and illegal detention of certain prisoners in the Central Jail,
Hazaribagh,, for almost two or three decades.
Hazaribagh decades. Treating this letter as a writ petition, the Supreme
Court issued notice to the State of Bihar for the purpose of ascertaining facts and after giving
opportunity to the State to file the counter affidavit, the Supreme Court held that if the poor are
allowed to languish in jails without the slightest justification, the rule of law would become
meaningless for the rule of law does not exist merely for those who have the means to fight for
their rights and very often for perpetuation of the status quo which protects and preserves their
dominance and permits them to exploit large sections of the community but it exists also for
the poor and the down-
down-trodden, the ignorant and the illiterate who constitute the large bulk of
humanity in this country.
country. The Supreme Court thus held that it is the solemn duty of the Court
to protect and uphold the basic human rights of the weaker sections of the society.
society.
Trafficking in human beings
ï 
O  |
 

 Prohibition of
traffic in human beings and forced labour.
labour.

ï No one shall be held in slavery or servitude;


servitude; slavery
and the slave trade shall be prohibited in all their
forms.. 
O  

forms 
ÄÄ

ï |  No one shall be held in slavery;



O   |  slavery;
slavery and the slave-
slave-trade in all their forms shall be
prohibited..
prohibited
| |  ||  
||  | "
 | "
ï 25.. Freedom of conscience and free profession, practice and propagation of
25
religion.
(1) Subject to public order, morality and health and to the other provisions
of this Part, all persons are equally entitled to freedom of conscience and
the right freely to profess, practise and propagate religion. religion.
(2) Nothing in this article shall affect the operation of any existing law or
prevent the State from making any law- law- (a) Regulating or restricting any
economic, financial, political or other secular activity which may be
associated with religious practice;
practice; (b) Providing for social welfare and
reform or the throwing open of Hindu religious institutions of a public
character to all classes and sections of Hindus.
Hindus.

ï 26.
26. Freedom to manage religious affairs.
affairs.
Subject to public order, morality and health, every religious denomination
or any section thereof shall have the right-
right-(a) To establish and maintain
institutions for religious and charitable purposes;
purposes; (b) To manage its own
affairs in matters of religion;
religion; (c) To own and acquire movable and
immovable property;
property; and (d) To administer such property in accordance
with law.
law.
ï
| |  || 
 | " |  
 | "
ï Ä  OO   O   O   

Ä
O

Ä  person shall be
  
 O

Ä
compelled to pay any taxes, the proceeds of which are
specifically appropriated in payment of expenses for
the promotion or maintenance of any particular
religion or religious denomination.
denomination.
ï ÄÄ  OO    OO  O




 
  O

  

 O 

O



Ä



Ä

 | 
  | 
 
|
  || 
ï 
O 
ÄÄ
Everyone has the right to freedom of thought,
conscience and religion;
religion; this right includes
freedom to change his religion or belief, and
freedom, either alone or in community with
others and in public or private, to manifest his
religion or belief in teaching, practice, worship
and observance.
observance.
| O 
 O 





  &&
ï 
O 

O O


1. Everyone shall have the right to freedom of thought,
conscience and religion.
religion. This right shall include freedom to have
or to adopt a religion or belief of his choice, and freedom, either
individually or in community with others and in public or private,
to manifest his religion or belief in worship, observance, practice
and teaching.
teaching.
2. No one shall be subject to coercion which would impair his
freedom to have or to adopt a religion or belief of his choice.
choice.
3. Freedom to manifest one's religion or beliefs may be subject
only to such limitations as are prescribed by law and are
necessary to protect public safety, order, health, or morals or the
fundamental rights and freedoms of others.
others.
4. The States Parties to the present Covenant undertake to have
respect for the liberty of parents and, when applicable, legal
guardians to ensure the religious and moral education of their
children in conformity with their own convictions
convictions..