CHAPTER

1. INTRODUCTION TO HUMAN RIGHT

Human rights in the workplace

Human rights are the basic rights and freedoms that belong to every person in the world.
They are based on important principles like dignity, fairness, respect and equality. Your
human rights are protected by the law. If your employer is a public authority, they must
follow these principles.

Human Rights

Human rights protect you in your everyday life regardless of who you are, where you live and
how you choose to live.

If you work in the public sector, it's unlawful for your employer to violate your human rights.

If your employer isn't a public authority you can't make a claim against your employer for a
breach of your human rights. However, human rights law has been incorporated into general
employment law and applies to all employers, like the right not to be discriminated against
because of your sexuality, for example.

Any decision by an Industrial Tribunal must follow the principles laid out in the Convention.

Employment-related tribunals

Protection in the workplace

Many of the principles of human rights are designed to protect you as a worker within the
workplace.

You have the right to a private and family life. So an employer who discriminates against a
gay worker, for example, may be violating that worker's right to a private life.

Your employer has the right to monitor communications within the workplace as long as
you're aware of the monitoring before it takes place. Monitoring can cover:

emails
internet access
telephone calls

1
data
images
You have the right to see any information held about you, like emails or CCTV footage.
Your right to a private life means you have the right to some privacy in the workplace. You
can't be monitored everywhere. If your employer doesn't respect this, they'll be breaching
human rights law.

Drug testing and employee monitoring

Breach of human rights

If you believe your human rights at work have been breached, you should talk to your
employer first.

If you're still unhappy, you can follow the internal grievance procedure in your contract or
written statement of employment.

How to resolve a problem at work

Grievance procedures

Employment contracts Fundamental Rights - Fundamental Rights' is a charter of rights

contained in the Constitution of India. It guarantees civil liberties such that all Indians can
lead their lives in peace and harmony as citizens of India. These include individual rights
common to most liberal democracies, such as equality before law, freedom of speech and
expression, and peaceful assembly, freedom to practice religion, and the right to
constitutional remedies for the protection of civil rights by means of writs such as habeas
corpus. Violation of these rights result in punishments as prescribed in the Indian Penal Code,
subject to discretion of the judiciary. The Fundamental Rights are defined as basic human
freedoms which every Indian citizen has the right to enjoy for a proper and harmonious
development of personality. These rights universally apply to all citizens, irrespective of race,
place of birth, religion, caste, creed, color or Gender. They are enforceable by the courts,
subject to certain restrictions. The Rights have their origins in many sources, including
England's Bill of Rights, the United States Bill of Rightsand France's Declaration of the
Rights of Man.

2
The six fundamental rights recognized by the constitution are:

1) Right to equality-, including equality before law, prohibition of discrimination on grounds

of religion, race, caste, sex or place of birth, and equality of opportunity in matters of
employment, abolition of untouchability and abolition of titles.

2) Right to freedom - which includes speech and expression, assembly, association or union
or cooperatives, movement, residence, and right to practice any profession or occupation
(some of these rights are subject to security of the State, friendly relations with foreign
countries, public order, decency or morality), right to life and liberty, right to education,
protection in respect to conviction in offences and protection against arrest and detention in
certain cases.

3) Right against exploitation-, prohibiting all forms of forced labour, child labour and traffic
in human beings;

4) Right to freedom of religion-, including freedom of conscience and free profession,

practice, and propagation of religion, freedom to manage religious affairs, freedom from
certain taxes and freedom from religious instructions in certain educational institutes.

5) Cultural and Educational rights preserving Right- of any section of citizens to

conserve their culture, language or script, and right of minorities to establish and administer
educational institutions of their choice.

6) Right to constitutional remedies for enforcement of Fundamental Rights-.

Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-
independence social practices. Specifically, they have also been used to abolish
untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex,
or place of birth. They also forbid trafficking of human beings and forced labour. They also
protect cultural and educational rights of ethnic and religious minorities by allowing them to
preserve their languages and also establish and administer their own education institutions.

Genesis

See also: Indian independence movement

The development of constitutionally guaranteed fundamental human rights in India was

inspired by historical examples such as England's Bill of Rights (1689), the United States Bill

3
of Rights(approved on 17 September 1787, final ratification on 15 December 1791) and
France's Declaration of the Rights of Man (created during the revolution of 1789, and ratified
on 26 August 1789). Under the educational system of British Raj, students were exposed to
ideas of democracy, human rights and European political history. The Indian student
community in England was further inspired by the workings of parliamentary democracy and
Britishers political parties.

In 1919, the Rowlatt Act gave extensive powers to the British government and police, and
allowed indefinite arrest and detention of individuals, warrant-less searches and seizures,
restrictions on public gatherings, and intensive censorship of media and publications. The
public opposition to this act eventually led to mass campaigns of non-violent civil
disobedience throughout the country demanding guaranteed civil freedoms, and limitations
on government power. Indians, who were seeking independence and their own government,
were particularly influenced by the independence of Ireland and the development of the Irish
constitution. Also, the directive principles of state policy in Irish constitution were looked
upon by the people of India as an inspiration for the independent India's government to
comprehensively tackle complex social and economic challenges across a vast, diverse nation
and population.

In 1928, the Nehru Commission composing of representatives of Indian political parties

proposed constitutional reforms for India that apart from calling for dominion status for India
and elections under universal suffrage, would guarantee rights deemed fundamental,
representation for religious and ethnic minorities, and limit the powers of the government. In
1931, the Indian National Congress (the largest Indian political party of the time) adopted
resolutions committing itself to the defense of fundamental civil rights, as well as socio-
economic rights such as the minimum wageand the abolition of untouchability and serfdom.
Committing themselves to socialism in 1936, the Congress leaders took examples from the
constitution of the erstwhile USSR, which inspired the fundamental duties of citizens as a
means of collective patriotic responsibility for national interests and challenges.

When India obtained independence on 15 August 1947, the task of developing a constitution
for the nation was undertaken by the Constituent Assembly of India, composing of elected
representatives under the presidency of Rajendra Prasad. While members of Congress
composed of a large majority, Congress leaders appointed persons from diverse political
backgrounds to responsibilities of developing the constitution and national laws. Notably,

4
Bhimrao Ramji Ambedkar became the chairperson of the drafting committee, while
Jawaharlal Nehru and Sardar Vallabhbhai Patel became chairpersons of committees and sub-
committees responsible for different subjects. A notable development during that period
having significant effect on the Indian constitution took place on 10 December 1948 when the
United Nations General Assembly adopted the Universal Declaration of Human Rights and
called upon all member states to adopt these rights in their respective constitutions.

The fundamental rights were included in the First Draft Constitution (February 1948), the
Second Draft Constitution (17 October 1948) and final Third Draft Constitution (26
November 1949) prepared by the Drafting Committee.

Significance and characteristics

The fundamental rights were included in the constitution because they were considered
essential for the development of the personality of every individual and to preserve human
dignity. The writers of the constitution regarded democracy of no avail if civil liberties, like
freedom of speech and religion were not recognized and protected by the State. According to
them, "democracy" is, in essence, a government by opinion and therefore, the means of
formulating public opinion should be secured to the people of a democratic nation. For this
purpose, the constitution guaranteed to all the citizens of India the freedom of speech and
expression and various other freedoms in the form of the fundamental rights

The Motivation for Human Rights

Some understanding about the nature of human rights can be gleaned from the various
reasons that can be advanced for holding them. A prime concern is to offer protection from
tyrannical and authoritarian calculations. Capricious or repressive measures of an autocratic
government may be constrained with the recognition of supreme moral limits on any
government's freedom of action. But even among governments that are genuinely limited by
moral considerations, there may still be a need to shield the populace from utilitarian
decision-making. The greater good of the whole society may lead to sacrifice or exploitation
of minority interests. Or, the provision of important benefits within the society may be
limited by calculations that public resources should be spent on other enterprises.

5
The attraction of human rights is that they are often thought to exist beyond the determination
of specific societies. Thus, they set a universal standard that can be used to judge any society.
Human rights provide an acceptable bench mark with which individuals or governments from
one part of the world may criticize the norms followed by other governments or cultures.
With an acceptance of human rights, Moslems, Hindus, Christians, capitalists, socialists,
democracies, or tribal oligarchies may all legitimately censure each other. This criticism
across religious, political, and economic divides gains its legitimacy because human rights
are said to enshrine universal moral standards. Without fully universal human rights, one is
left simply trying to assert that one's own way of thinking is better than somebody else's.

The prime rhetorical benefit of human rights is that they are viewed as being so basic and so
fundamental to human existence that they should trump any other consideration. Just as
Dworkin has argued that any conception of `rights' trumps other claims within a society,
human rights may be of a higher order that supersedes even other rights claims within a
society.

Other motivations for human rights may stem from a fear of the consequences of denying
their existence. Because of the currency given human rights in contemporary political debate,
there is a danger that such a denial will provide support for brutal regimes who defend their
repression on the grounds that international human rights norms are simply a fanciful creation
that has no universal authority. The United Nations conference on human rights held in
Vienna in 1993 saw some of the world's most repressive governments making precisely this
argument, and few people would wish to provide further justification for this position. In
addition, a great deal of political advocacy relies on human rights rhetoric to provide a
legitimating moral force. Without the appeal to human rights, democratic champions would
have to argue the desirability of values such as equality and freedom of speech across the
often incomparable circumstances of the world's societies, rather than asserting that such
benefits just inherently flow from human existence.

The Workplace

Employers have a legal responsibility to make sure that everyone who works for them is
treated fairly and with respect. As an employee, you are protected from discrimination in the
workplace by Victorian and federal laws.

6
The Victorian Equal Opportunity and Human Rights Commission works with both employers
and employees to help them prevent discrimination from occurring, resolve complaints and
take practical steps to create fair and productive workplaces.

The law

Workplace rights and responsibilities are set out in the Equal Opportunity Act 2010 and other
state and federal laws. Employers can be held legally responsible for workplace incidents of
discrimination, bullying, sexual harassment and victimisation. This includes positive duty and
making reasonable adjustments.

Types of workplaces

All types of employers and employment relationships are covered under these laws and some
aspects of the law also apply to unpaid workers, volunteers and volunteer organisations.

More information

Contact us and we can help you with a wide range of workplace questions and concerns.

We also offer education and consultancy to help employers understand, prevent and respond
to discrimination, as well as develop ‘best practice’ strategies to promote equal opportunity in
the workplace.

There are a range of government, business, industry and non-government organisations that
also offer advice and information on your legal rights and responsibilities in the workplace.

Volunteers and equal opportunity

Every year, thousands of Victorians support their community by volunteering with a wide
range of organisations.

Under the Equal Opportunity Act 2010 volunteers and unpaid workers are protected from
sexual harassment in the same way as paid staff. The law may also protect volunteers from
discrimination in certain circumstances.

7
organisations have a responsibility to take reasonable steps to prevent sexual harassment

volunteers have the right not to be sexually harassed by their employer, a paid staff member,
another volunteer or a client

volunteers have an obligation not to sexually harass an employer, a paid staff member,
another volunteer or a client

an organisation’s sexual harassment policies must cover volunteers as well as paid staff.

Under the Equal Opportunity Act 2010, an 'employee' includes a volunteer or unpaid worker
and an 'employer' includes a person who employs a person on an unpaid or voluntary basis,
but only in relation to sexual harassment.

The law also covers a body corporate or unincorporated association, where the board or
committee of management is taken to be the ‘employer’.

Find out more about sexual harassment in employment.

Examples of sexual harassment

Katie is a volunteer worker with a home care agency. One day when she is visiting John, a
client, he starts stroking her arm and telling her how pretty she is. Katie asks him to stop but
he pulls her onto his lap and tries to kiss her.

Martin is a voluntary committee member of a youth service. In his role he has access to staff
personal information. Martin obtains contact details for Kathy, a staff member, and calls her
to ask her out. Kathy refuses but Martin continues to text and email her suggesting she go out
with him.

Volunteers and discrimination

Volunteers may be protected from discrimination in certain circumstances. This will depend
on where the volunteering is taking place and what the role involves.

Volunteers are more likely to be protected if their club or organisation: is a club covered by
the law

8
runs sporting activities

requires people to undertake training or skill development in order to volunteer or provides

accreditation or professional experience as part of volunteering. These are considered to be
goods and services under the Act.

Examples of discrimination in volunteering

While volunteering at a function at their bowls club two club members, May and Xiu speak
in their first language, Mandarin. The club secretary tells them they should be speaking
English as it is an Australian club and if they didn’t want to speak English, they shouldn’t
volunteer anymore.

James volunteers as a coach for his son’s soccer team. When the parents of another team
member find out that James is in a same-sex relationship they contact the club and insist he
no longer coach the team, as they believe he is not an appropriate role model. The club
president tells James that, while the club is sorry to lose him, it has no choice but to dismiss
him as the coach.

Disability and volunteering

Under the Equal Opportunity Act 2010, an organisation may be required to make reasonable
adjustments for a volunteer with a disability in certain circumstances. This will depend on
where the person is volunteering and what they are doing.

Reasonable adjustments for people with disability could include things like:

adjusting the requirements of a role

providing a hearing loop at training events

installing a ramp to allow access to a building.

Making reasonable adjustments involves the organisation balancing the need for the change
with the expense or effort involved in making the change. What is reasonable will depend on
the circumstances.

9
CHAPTER

2. 7 Steps Towards Human Rights and Equality in the Workplace

A Framework for Building a Culture of Equality and Human Rights in the Workplace
Building a culture of human rights and equality in the workplace requires enterprises and
organizations to take a planned and systematic approach to equality and human rights. While
there is no legal requirement to implement any of these approaches, an organization
interested in embedding human rights and equality in their workplace may find the following
seven step framework helpful:

An equality and human rights policy that sets out the standards to which the enterprise/
organization is committed in relation to employment Equality and human rights training that
enables staff to understand and achieve these standards for the enterprise/ organization
Responsibility for equality and human rights that is taken by a committee or appointed person
to drive the standard set for equality and human rights

An equality and human rights roadmap that sets out objectives the enterprise/ organization
wants to achieve in relation to equality and human rights and employment and the steps that
will be taken to realize these objectives – this plan is based on a review of the equality and
human rights situation in relation to employment in the enterprise/organization

Equality and human rights impact assessment that would bring equality and human rights
concerns into the heart of key decision making within the enterprise/organization Equality
and human rights data that is gathered and analyzed within the enterprise/organization in
relation to employment and the nine grounds under equality legislation and in relation to
groups at risk of human rights violations Participation by equality and human rights interests
in governance within the enterprise/ organization so that the voice of those experiencing
inequality or human rights violations informs policy, procedure and practice within the
enterprise/ organization.

The purpose of a planned and systematic approach to equality and human rights is to enable
an enterprise/organization over the long-term to eliminate discrimination, achieve equality,
and fulfill human rights. It means that an enterprise/organization moves beyond reactive
approaches where action on equality and human rights is based on dealing with and
responding to issues or opportunities in the short-term, and is enabled to embed equality and
human rights within its organizational culture.

10
1. Equality and Human Rights Policy

An equality and human rights policy is the foundation stone for a planned and systematic
approach to equality and human rights within an organisation. It serves as a guide for the
organisation as to what it aspires to as an employee. It sets out:

the commitment of the organisation to equality and human rights in relation to employees and
those they purchase goods and services from the equality and human rights standard aspired
to by the organisation in relation to employment the steps that the organisation will take to
safeguard the standard and to ensure that the standard is implemented.

An equality and human rights policy will set out a statement of standard for its role as an
employer in its approach to:

recruitment;

working conditions;

workplace culture;

career progression;

pay;

promotion;

reasonable accommodation of diversity, including for people with disabilities, equality

outcomes for employees, and dismissals and redundancies.

The bottom line for the standard set must be compliance with the employment equality acts
and with the international human rights instruments as they apply to the
enterprise/organisation and its functions. However an equality and human rights policy
aspires to best practice in making adjustments for diversity, achieving equality and fulfilling
human rights.

In setting out steps to safeguard the standards set, the equality and human rights policy details
procedures for making and dealing with complaints where standards have been breached. It
identifies the steps the organisation will take to communicate the policy to employees and
service users and ensure they understand the commitments made. It details systems for
feedback on implementation from employees and service users. It establishes how the policy

11
will be driven and monitored by management. It identifies the equality and human rights
infrastructure the organisation deploys to ensure a planned and systematic approach.

In preparing an equality and human rights policy, the enterprise/organisation accords

responsibility for the process, preferably at a senior level. A participative process involves
representatives of the diversity of service users and employees as well as staff organisations
and relevant representative organisations from civil society. This builds ownership of and
commitment to the equality and human rights policy. Peer learning through other
enterprises/organisations that have developed their equality and human rights competence
deepens the quality of the equality and human rights policy.

Research carried out among Irish employees found that about three quarters of all employees
work in workplaces where there is a formal written equality policy (IHRC 2005: 18). The
presence of such a policy was associated with a lower level of work stress, higher levels of
job satisfaction and organisational commitment and with employee perceptions of equality
and fairness within their organisations.

2. Equality and Human Rights Training

One of the core purposes of equality and human rights training is to ensure an organisation
and its staff can reach the standards set out in the organisation’s equality and human rights
policy. This training builds staff:

knowledge about: their rights and responsibilities under equality legislation and human rights
instruments; the way discrimination, harassment, and human rights violations occur; and
diversity, equality and human rights issues

skills in: responding to discrimination, harassment, sexual harassment, and human rights
incidents; promoting equality and supporting human rights; and implementing the standards
of the equality and human rights policy

behaviours: that: are free from discrimination, harassment, sexual harassment, human rights
violations; and are supportive of diversity, equality and human rights

attitudes that: appreciate, understand, and support equality, diversity, non-discrimination and
human rights.

12
Equality and human rights training supports personal development for staff, effective staff
performance in relation to equality and human rights, good staff working relationships, and a
workplace culture that appreciates, understands, and supports equality and human rights.

Training for senior management and line management is important in ensuring an equality
and human rights competent leadership on equality and human rights. Training for policy
making, human resources and customer relations staff is important in building an equality and
human rights capacity in key organisational functions. Training for trainers, new employees,
and all staff develops an organisational culture that values equality and human rights.

3. Responsibility for Driving Equality and Human Rights

Equality and human rights is the responsibility of all staff in an enterprise/organisation. This
is an important principle. It is, however, valuable to accord responsibility for driving the
equality and human rights commitments of the organisation to ensure they get implemented
and to enable everyone to take up their responsibilities.

This responsibility can be held by an individual, preferably a senior member of staff with the
necessary authority. However, the individual needs to be given time to fulfil this
responsibility. A dedicated equality and human rights officer can also be appointed. This
could ensure the individual has the necessary expertise for the role.

The responsibility can be held collectively by an equality and human rights committee. The
membership of this committee is best drawn from the various departments or units within the
enterprise/organisation to spread influence and ownership. It should include representation
from groups experiencing inequality or potentially subject to human rights abuses. This
enables a range of perspectives to be brought to bear on developing and implementing
equality and human rights actions.

4. Equality and Human Rights Roadmap

An employment equality and human rights roadmap sets out the objectives that an enterprise
or organisation seeks to achieve in advancing equality and fulfilling human rights for its
employees. It identifies the steps that will be taken by the enterprise/organisation to improve

13
its performance on these issues. It provides the necessary context for staff who have done
equality and human rights training to use the knowledge, skills, and attitudes developed in
their day to day practice. It ensures commitments made and standards set are given practical
expression at work.

The equality and human rights plan includes actions, in key functional areas, to:

prevent discrimination

provide reasonable accommodation for people with disabilities

accommodate diversity

promote equality

respect, protect and fulfil human rights.

The impacts of the plan should be measurable with concrete targets. It is important to monitor
progress and valuable to celebrate achievements to sustain morale and commitment.

An equality and human rights roadmap can usefully be evidence based if it is preceded by an
equality and human rights audit within the organisation. This audit establishes the equality
and human rights situation in the organisation in terms of:

the position and experience of staff;

the outcomes for and experience of service users; the outcomes for policy beneficiaries;

the nature and scope of the internal infrastructure to drive an equality and human rights
agenda within the organisation.

The preparation of an equality and human rights roadmap is participative. It involves:

employees, a diversity of employees, and employee organisations. Insofar as possible
diversity needs to encompass the nine grounds covered by equality legislation: gender, civil
status, family status, age, disability, sexual orientation, race, religion and membership of the
Traveller community. It is also desirable that it would encompass a socio-economic status
ground.

14
5. Equality and Human Rights Impact Assessment

An equality and human rights impact assessment is carried out on a policy or plan at design
stage. It seeks to ensure that the policy or plan is compliant with non-discrimination and
human rights standards, can take account of diversity, and will advance equality. It tests for
potential negative impact and identifies corrective action to redesign the policy or plan.
Where redesign is not an option, it involves identifying mitigating actions to address the
potential negative impact.

There are four core steps in conducting an equality and human rights impact assessment:

information and data gathering: gathering and analysing relevant quantitative and qualitative
data about groups experiencing inequality or human rights violations

impact assessment: testing the plan or policy, using the data gathered, to assess for potential
negative, neutral or positive impact

consultation: dialogue with groups experiencing inequality and human rights violations and
their representative organisations about the quality of the data gathered, the nature of the
impact assessment, and the options to be pursued on foot of the impact assessment

decision: identifying changes or mitigating actions required to be implemented on foot of the

impact assessment monitoring: checking that the actual impacts are as assessed and
introducing changes as necessary where this is not the case.

6. Equality and Human Rights Data

The lack of relevant equality and human rights data is an impediment to evidence based
action on equality and human rights. This is largely outside the control of organisations.
However, organisations do, within the bounds of data protection legislation, collect data on
employees, staff and policy beneficiaries. This data, if desegregated across the grounds
covered in the equality legislation as well as the ground of socio-economic status, can be a
key resource in devising and monitoring action on equality and human rights. Data can be
anonymised and used to identify patterns of access, participation and outcome across the ten
grounds.

15
7. Participation of Equality and Human Rights Interests

Participation by staff in the decision making processes of an organisation is a valuable part of

the infrastructure for a planned and systematic approach to equality and human rights. This
participation may involve individuals as well as the organisations that represent their
interests. It ensures:

a diversity of perspectives is brought to bear in decision making, enabling better decision

making in that decisions can take account of different identities, experiences and situations
and their practical implications

access to qualitative data that provides evidence for action on equality and human rights and
is key in the absence of adequate quantitative data

transparency and openness in the work of the organisation.

This participation can be organised within the standard decision making processes. A
separate dialogue with these groups and their organisations can also be pursued and linked
into the decision making process as appropriate.

16
CHAPTER

3. Promoting Human Rights and Equality in Intercultural workplaces

This context of cultural diversity holds significant promise for business success, employee
wellbeing and societal harmony. Research published by the Equality Authority has shown
that:

workplace policies on positive action and on equality and diversity in top team management
enhance organisational performance;

diversity and equality systems in the workplace enhance labour productivity and workforce
innovation and reduce employee turnover.

The benefits of cultural diversity can only be realised where a successful integration of
different cultures is achieved in the workplace. Integration means doing business in a way
that values all cultures in the workplace and enables the contribution of all cultures to
business success in a context characterised by non-discrimination and equality. Integrated
workplaces:

are free from discrimination and harassment;

acknowledge and provide for cultural and linguistic diversity among employees and
customers as well as making adjustments for diversity among all migrant workers and other
Black and minority ethnic employees including those with disabilities;

take practical steps in order to achieve full equality in practice for all migrant workers and
other Black and minority ethnic employees;

communicate a message promoting greater equality within the wider culturally diverse
community served by the business.

Please note that these factsheets are for information only. They do not constitute legal advice
and should not be treated as such.

17
CHAPTER

4. RIGHT TO FREEDOM

The Constitution of India contains the right to freedom, given in articles 19, 20, 21 and 22,
with the view of guaranteeing individual rights that were considered vital by the framers of
the constitution. The right to freedom in Article 19 guarantees the following six freedoms:

 Freedom of speech and expression, which enable an individual to

participate in public activities. The phrase, "freedom of press" has not been
used in Article 19, but freedom of expression includes freedom of press.
Reasonable restrictions can be imposed in the interest of public order,
security of State, decency or morality.
 Freedom to assemble peacefully without arms, on which the State can
impose reasonable restrictions in the interest of public order and the
sovereignty and integrity of India.
 Freedom to form associations or unions on which the State can impose
reasonable restrictions on this freedom in the interest of public order,
morality and the sovereignty and integrity of India.
 Freedom to move freely throughout the territory of India though
reasonable restrictions can be imposed on this right in the interest of the
general public, for example, restrictions may be imposed on movement
and travelling, so as to control epidemics.
 Freedom to reside and settle in any part of the territory of India which is
also subject to reasonable restrictions by the State in the interest of the
general public or for the protection of thescheduled tribes because certain
safeguards as are envisaged here seem to be justified to protect indigenous
and tribal peoples from exploitation and coercion.[20] Article 370 restricts
citizens from other Indian states and Kashmiri women who marry men
from other states from purchasing land or property in Jammu & Kashmir.
 Freedom to practice any profession or to carry on any occupation, trade or
business on which the State may impose reasonable restrictions in the
interest of the general public. Thus, there is no right to carry on a business
which is dangerous or immoral. Also, professional or technical

18
 qualifications may be prescribed for practicing any profession or carrying
on any trade.

The constitution guarantees the right to life and personal liberty, which in turn cites specific
provisions in which these rights are applied and enforced:

Protection with respect to conviction for offences is guaranteed in the right to life and
personal liberty. According to Article 20, no one can be awarded punishment which is more
than what the law of the land prescribes at that time. This legal axiom is based on the
principle that no criminal law can be made retrospective, that is, for an act to become an
offence, the essential condition is that it should have been an offence legally at the time of
committing it. Moreover, no person accused of any offence shall be compelled to be a
witness against himself. "Compulsion" in this article refers to what in law is called "Duress"
(injury, beating or unlawful imprisonment to make a person do something that he does not
want to do). This article is known as a safeguard against self incrimination. The other
principle enshrined in this article is known as the principle of double jeopardy, that is, no
person can be convicted twice for the same offence, which has been derived from Anglo
Saxon law. This principle was first established in the Magna Carta.

Protection of life and personal liberty is also stated under right to life and personal liberty.
Article 21 declares that no citizen can be denied his life and liberty except by law. This
means that a person's life and personal liberty can only be disputed if that person has
committed a crime. However, the right to life does not include the right to die, and hence,
suicide or an attempt thereof, is an offence. (Attempted suicide being interpreted as a crime
has seen many debates. The Supreme Court of India gave a landmark ruling in 1994. The
court repealed section 309 of the Indian penal code, under which people attempting suicide
could face prosecution and prison terms of up to one year. In 1996 however another Supreme
Court ruling nullified the earlier one. "Personal liberty" includes all the freedoms which are
not included in Article 19 (that is, the six freedoms). The right to travel abroad is also
covered under "personal liberty" in Article 21.

In 2002, through the 86th Amendment Act, Article 21(A) was incorporated. It made the right
to primary education part of the right to freedom, stating that the State would provide free
and compulsory education to children from six to fourteen years of age. Six years after an
amendment was made in the Indian Constitution, the union cabinet cleared the Right to

19
Education Bill in 2008. It is now soon to be tabled in Parliament for approval before it makes
a fundamental right of every child to get free and compulsory education.

Rights of a person arrested under ordinary circumstances is laid down in the right to life and
personal liberty. No one can be arrested without being told the grounds for his arrest. If
arrested, the person has the right to defend himself by a lawyer of his choice. Also an arrested
citizen has to be brought before the nearest magistrate within 24 hours. The rights of a person
arrested under ordinary circumstances are not available to an enemy alien. They are also not
available to persons detained under the Preventive Detention Act. Under preventive
detention, the government can imprison a person for a maximum of three months. It means
that if the government feels that a person being at liberty can be a threat to the law and order
or to the unity and integrity of the nation, it can detain or arrest that person to prevent him
from doing this possible harm. After three months such a case is brought before an advisory
board for review.

The constitution also imposes restrictions on these rights. The government restricts these
freedoms in the interest of the independence, sovereignty and integrity of India. In the interest
of morality and public order, the government can also impose restrictions. However, the right
to life and personal liberty cannot be suspended. The six freedoms are also automatically
suspended or have restrictions imposed on them during a state of emergency.

20
Right against exploitation

Child labour and Begar is prohibited under Right against exploitation.

The right against exploitation, given in Articles 23 and 24, provides for two provisions,
namely the abolition of trafficking in human beings and Begar (forced labor),[30] and
abolition of employment of children below the age of 14 years in dangerous jobs like
factories and mines. Child labour is considered a gross violation of the spirit and provisions
of the constitution. Begar, practised in the past by landlords, has been declared a crime and is
punishable by law. Trafficking in humans for the purpose of slave trade or prostitution is also
prohibited by law. An exception is made in employment without payment for compulsory
services for public purposes. Compulsory military conscription is covered by this provision.

Right to freedom of religion

Right to freedom of religion, covered in Articles 25, 26, 27 and 28, provides religious
freedom to all citizens of India. The objective of this right is to sustain the principle of
secularism in India. According to the Constitution, all religions are equal before the State and
no religion shall be given preference over the other. Citizens are free to preach, practice and
propagate any religion of their choice.

Religious communities can set up charitable institutions of their own. However, activities in
such institutions which are not religious are performed according to the laws laid down by the
government. Establishing a charitable institution can also be restricted in the interest of public
order, morality and health. No person shall be compelled to pay taxes for the promotion of a
particular religion. A State run institution cannot impart education that is pro-religion. Also,
nothing in this article shall affect the operation of any existing law or prevent the State from
making any further law regulating or restricting any economic, financial, political or other
secular activity which may be associated with religious practice, or providing for social
welfare and reform.

Who Holds Human Rights?

21
Even if there were agreement upon a foundation for human rights, there remains another
fundamental question: who can possess human rights? One may simply assert that all humans
hold all human rights; after all, human rights are said to be those benefits to which we are
entitled simply by being human. But what is meant by being `human' is vague since the life
cycle of homo sapiens ranges from conception to death and decay. There is profound
controversy over how and when a human acquires and then loses human rights between those
two periods. Even before conception, sperm and eggs exist that contain human genetic
material. One may decide easily that these are human cells but not `human beings', because
they contain incomplete sets of human genes. After conception, however, controversies arise
about the status of the developing foetus. From a mass of undifferentiated cells, the embryo
quickly grows into a recognizably human entity. Many distinguish foetuses from babies that
have emerged from their mothers and say that separate human life only begins with `birth'.
This can be an arbitrary distinction since a very premature baby is at much the same stage of
development whether inside or outside the womb; the differences centre on how a baby
receives nutrition and oxygen. One can specify an arbitrary point for the acquisition of rights,
such as conception, neural development, viability, or emergence from the womb. But this
approach is bound to erupt in controversy, because not everyone will agree on a given point.
Abortion is such a divisive issue precisely because various groups hold different beliefs about
when human life starts.

Alternatively, one can argue that there is some special quality of human life that provides a
basis for possessing rights; when that quality is acquired, so are rights. This approach is
favoured by many, since it allows for the distinction between humans and other animals.
Human rights are rights particular to human beings, thus the basis of the claim to rights
should be something that differentiates humans from other animals. With a sharing of an
enormous proportion of genetic material between humans and primates, the distinction is
usually drawn on the basis of some quality of human life not shared by other animals rather
than physiological characteristics. Specifically human qualities are usually identified from
our capacity for intellectual, moral, or spiritual development.

The difficulty with trying to assign rights on the basis of some quality of human life is that
not all human beings may possess such an attribute. Douglas Husak has written a poignant
critique of the notion of human rights based on his objection that some human beings merely
exist. (24) Some mentally-ill patients lack any basis for purposive agency; they are seemingly
unaware of their surroundings, incapable of rationale thought, or unable to distinguish right
22
from wrong. But, his most telling arguments arise from comatose patients, notably those with
no known chance for recovery. Husak distinguishes between humans and persons, and he
points out that some humans, such as the comatose, are non-persons. Persons are human
beings with capacities beyond mere existence that produce a quality of life. Non-persons
simply lack the qualities of life that one wishes either to protect or use as the key to acquiring
rights. The distinction between humans and persons is often used to justify aborting foetuses,
because the human foetus is not considered by many to be a person. In the end, Husak argues
that the phenomena called human rights are really rights of persons: "There are no human
rights".

This debate over the qualification of a human creature to possess human rights is fundamental
to a number of topics. The rights of children and the mentally ill may depend greatly upon
what foundation one adopts for the possession of rights. Similarly, the existence of rights to
life in abortion, infanticide, and euthanasia are directly related to what status one accords to
undeveloped foetuses, mutant newborns, or terminally-comatose adults.

If human rights are justified on some characteristics of the human species, can those rights be
held by individual humans who lack these species traits? Some answer this question by
distinguishing between possessing rights and exercising them. Thus a healthy child may
possess the full range of human rights, but be unable to exercise them, particularly rights of
an intellectual nature. Others may find this distinction too convenient an answer and contest
the very existence of rights that cannot by exercised by their holders.

Another controversy over the possession of human rights relates to whether they are benefits
intended for individual humans, or whether they can also be collective benefits for groups of
humans. Some, such as Donnelly, argue that human rights are properly held by only
individuals. (26) Others contend that human lives are lived within group settings and the full
enjoyment of human life can only be realized when those groups are able to flourish. Whether
human rights can include collective rights is a particularly crucial issue in analyzing whether
the human rights regime protects a group's culture and language, or a group's right to self-
determination.

23
Human Rights and the workplaceHuman rights are universal. This means that every person
around the world deserves to be treated with dignity and have their interests considered
equally.While governments have the legal duty to protect individuals against human rights
abuses, businesses are increasingly recognising their own moral, legal, and commercial
responsibility—also when it comes to the workforce.We value our employees and seek to be
a good employer. We promote the personal and professional growth of our employees by
providing excellent primary and secondary benefits and development opportunities. This
creates an environment where our people not only do well but can also do good.We involve
employees when dealing with complex human resources policy issues, ensuring their point of
view is taken into account. This also enhances communication between management and
staff, and supports a culture of shared responsibility. The way employees are consulted
depends on local legislation and culture.This Human Rights Statement for employees has
existed since 2006, expressing our commitment to support international labour rights
standards. We uphold the freedom of association for all our employees and recognise the
right to collective bargaining. ING follows various standards for human rights when it comes
to our workforce. The most widely accepted statement on human rights is the United Nations’
Universal Declaration of Human Rights (UDHR), adopted in 1948 by the General Assembly
of the United Nations. It describes civil, political, economic, social and cultural rights. Also
important is the International Labour Organisation (ILO), a UN agency bringing together
governments, employers and workers representatives from 187 member states. The ILO sets
labour standards, develops policies and creates programmes promoting decent work for all
people.We’re also guided by the UN Global Compact, a UN initiative to encourage
businesses worldwide to adopt sustainable practices, including in human rights.ING supports
the UDHR, the ILO and the UN Global Compact and apply their principles throughout our
operations worldwide when possible. This document provides specifics into some of the ways
we do that.

24
The basics•This document applies to all ING employees in all businesses where we
havemanagement control.•ING adheres to local labour laws and regulations.•Within our
sphere of influence and wherever permitted by law, we will also supportthe UDHR, the
International Labour Organisation (ILO) Core Conventions, and the UNGlobal Compact.•In
countries where local legislation goes further than the principles set out by theUDHR, ILO
Core Conventions and/or UN Global Compact, ING will also apply thatadditional local
legislation.•In countries where local legislation prevents ING from upholding aspects of
theUDHR, ILO Core Conventions, provisions of the UN Global Compact or ING’s
ownhuman resources policies, ING strives to act in the spirit and nature of theseprinciples
while respecting and adhering to applicable local legislation.

Freedom of associationUN Global Compact, Principle III•ING upholds freedom of

association and the effective recognition of the right to collective bargaining. Employees,
without distinction whatsoever, have the right to establish and, subject only to the rules of the
organisation concerned, to join organisations of their own choosing without previous
authorisation.ILO Conventions 87 and 98•Employee organisations have the right to - draw up
their constitutions and rules - elect their representatives in full freedom - organise their
administration and activities - formulate their programmes.•Where appropriate in local
circumstances, ING may support employee organisations by financial or other means, but
will never do so with the object of placing such organisations under its control.•Employees
won’t be discriminated against because of union membership, or because of participation in
union activities outside working hours or within working hours (with the consent of the
employer).•We recognise the right to voluntary negotiations between ING or employers’
organisations and employee organisations, with an aim to regulate terms and conditions of
employment by means of collective agreements.

Forced labour UN Global Compact, Principle IV•ING upholds the elimination of all forms of
forced labour and compulsory labour.ILO Conventions 29 and 105•ING won’t make use of
any form of forced or compulsory labour.•The term ‘forced labour’ means all work or service
that’s extracted from anyone under the menace of any penalty, and/or that the person hasn’t
offered voluntarily (except for some specific exceptions described in ILO Convention 29).

25
Child labour UN Global Compact, Principle V•ING upholds the effective abolition of child
labour.ILO Core Conventions 138 and 182•ING doesn’t use child labour in any of its global
operations.•In the absence of any national or local law, ‘child’ means a person less than 16
years old. If local minimum-age law is set below 16 years but is in accordance with ILO
Convention 138, that lower age will apply.•ING doesn’t tolerate any form of exploitative
child labour, as defined in the ILO Convention 182, Article 3 (Worst Forms of Child Labour).

Discrimination and equal remuneration UN Global Compact, Principle VI•ING upholds the
elimination of discrimination in respect to employment andoccupation.ILO Core Conventions
100 and 111•ING promotes equal opportunities and treatment regarding employment
andpositions, with a view to eliminating any discrimination.•The term ‘discrimination’
includes any distinction, exclusion or preference madeon the basis of race, colour, sex,
religion, political opinion, nationality or socialorigin, that has the effect of nullifying or
impairing equal opportunity ortreatment in employment or position.•Any distinction,
exclusion or preference in respect to a particular job based on theinherent requirements of the
job won’t be deemed to be discrimination.•ING promotes equal

26
CHAPTER
5. DATA ANALYSIS AND INTERPRETATION
1- Do you know about Human Right which are given to you?

S NO PARTICULAR NUMBER OF RESPONDENTS PERCENTAGE

1 Yes 30 30
2 No 20 20
Total 50 50

40%
Yes
No

60%

27
2- Do you believe you have been treated different by the commander of your unit because you
are a woman?

S NO PARTICULAR NUMBER OF RESPONDENTS PERCENTAGE

1 Yes 25 25
2 No 25 25
Total 50 50

44%
Yes
No
56%

28
3-Do you been sexually harassed since you arrived at this unit ? By sexual harassment, we
mean unwanted sexually-oriented comments, advances, or touching ?

S NO PARTICULAR NUMBER OF RESPONDENTS PERCENTAGE

1 Yes 35 35
2 No 15 15
Total 50 50

42%
Yes
No
58%

29
 4-If so, did you report it?

S NO PARTICULAR NUMBER OF RESPONDENTS PERCENTAGE

1 Yes 40 40
2 No 10 10
Total 50 50

27%

Yes
No

73%

30
5- If you were being sexually harassed and you reported it, what do you think would happen ?

S NO PARTICULAR NUMBER OF RESPONDENTS PERCENTAGE

1 Yes 30 30
2 No 20 20
Total 50 50

40%
Yes
No

60%

31
6- Human right means, the right ensures life, liberty and equality ?

S NO PARTICULAR NUMBER OF RESPONDENTS PERCENTAGE

1 Yes 40 40
2 No 10 10
Total 50 50

33%

Yes
No

67%

32
7- Indian constitution article 21 deals education as a fundamental right ?

S NO PARTICULAR NUMBER OF RESPONDENTS PERCENTAGE

1 Yes 35 35
2 No 15 15
Total 50 50

30%

Yes
No

70%

33
8- War between states violates human rights.

S NO PARTICULAR NUMBER OF RESPONDENTS PERCENTAGE

1 Yes 34 34
2 No 16 16
Total 50 50

31%

Yes
No

69%

34
9- Right to Information Act gives right to get/check information and copies of documents

from government offices and institutions

S NO PARTICULAR NUMBER OF RESPONDENTS PERCENTAGE

1 Yes 25 25
2 No 25 25
Total 50 50

39%

Yes
No

61%

35
10- Amidst of investigation the accused should be produced in court within 24 hours.

S NO PARTICULAR NUMBER OF RESPONDENTS PERCENTAGE

1 Yes 20 20
2 No 30 30
Total 50 50

44%
Yes
No
56%

36
CHAPTER

6. CULTURAL AND EDUCATIONAL RIGHTS

As India is a country of many languages, religions, and cultures, the Constitution provides
special measures, in Articles 29 and 30, to protect the rights of the minorities. Any
community which has a language and a script of its own has the right to conserve and
develop it. No citizen can be discriminated against for admission in State or State aided
institutions.

All minorities, religious or linguistic, can set up their own educational institutions to preserve
and develop their own culture. In granting aid to institutions, the State cannot discriminate
against any institution on the basis of the fact that it is administered by a minority institution.
But the right to administer does not mean that the State can not interfere in case of
maladministration. In a precedent-setting judgment in 1980, the Supreme Court held that the
State can certainly take regulatory measures to promote the efficiency and excellence of
educational standards. It can also issue guidelines for ensuring the security of the services of
the teachers or other employees of the institution. In another landmark judgement delivered
on 31 October 2002, the Supreme Court ruled that in case of aided minority institutions
offering professional courses, admission could only be through a common entrance test
conducted by State or a university. Even an unaided minority institution ought not to ignore
the merit of the students for admission.

Right to Life

In recent judgement Supreme Court of India extended scope of right to life which was
mentioned earlier.

Right to constitutional remedies

Right to constitutional remedies empowers the citizens to move a court of law in case of any
denial of the fundamental rights. For instance, in case of imprisonment, the citizen can ask
the court to see if it is according to the provisions of the law of the country. If the court finds
that it is not, the person will have to be freed. This procedure of asking the courts to preserve
or safeguard the citizens' fundamental rights can be done in various ways. The courts can
issue various kinds of writs. These writs are habeas corpus, mandamus, prohibition, quo

37
warranto and certiorari. When a national or state emergency is declared, this right is
suspended by the central government.

Critical analysis

The fundamental rights have been revised for many reasons. Political groups have demanded
that the right to work, the right to economic assistance in case of unemployment, old age, and
similar rights be enshrined as constitutional guarantees to address issues of poverty and
economic insecurity, though these provisions have been enshrined in the Directive Principles
of state policy. The right to freedom and personal liberty has a number of limiting clauses,
and thus have been criticized for failing to check the sanctioning of powers often deemed
"excessive".There is also the provision of preventive detention and suspension of
fundamental rights in times of Emergency. The provisions of acts like the Maintenance of
Internal Security Act (MISA) and theNational Security Act (NSA) are a means of countering
the fundamental rights, because they sanction excessive powers with the aim of fighting
internal and cross-border terrorism and political violence, without safeguards for civil
rights.[39] The phrases "security of State", "public order" and "morality" are of wide
implication. People of alternate sexuality is criminalized in India with prison term up to 10
years. The meaning of phrases like "reasonable restrictions" and "the interest of public order"
have not been explicitly stated in the constitution, and this ambiguity leads to unnecessary
litigation. The freedom to assemble peacably and without arms is exercised, but in some
cases, these meetings are broken up by the police through the use of non-fatal methods.

"Freedom of press" has not been included in the right to freedom, which is necessary for
formulating public opinion and to make freedom of expression more legitimate. Employment
of child labour in hazardous job environments has been reduced, but their employment even
in non-hazardous jobs, including their prevalent employment as domestic help violates the
spirit and ideals of the constitution. More than 16.5 million children are employed and
working in India. India was ranked 88 out of 159 in 2005, according to the degree to which
corruption is perceived to exist among public officials and politicians worldwide. The right to
equality in matters regarding public employment shall not be conferred to overseas citizens of
India, according to the Citizenship (Amendment) Bill, 2003.

38
Amendments

Changes to the fundamental rights require a constitutional amendment which has to be passed
by a special majority of both houses of Parliament. This means that an amendment requires
the approval of two-thirds of the members present and voting. However, the number of
members voting should not be less than the simple majority of the house — whether the Lok
Sabha or Rajya Sabha.

The right to education at elementary level has been made one of the fundamental rights under
the Eighty-Sixth Amendment of 2002.

Right to property

The Constitution originally provided for the right to property under Articles 19 and 31.
Article 19 guaranteed to all citizens the right to acquire, hold and dispose of property. Article
31 provided that "no person shall be deprived of his property save by authority of law." It
also provided that compensation would be paid to a person whose property has been taken for
public purposes.

The provisions relating to the right to property were changed a number of times. The Forty-
Forth Amendment of 1978 deleted the right to property from the list of fundamental rights A
new provision, Article 300-A, was added to the constitution which provided that "no person
shall be deprived of his property save by authority of law". Thus if a legislature makes a law
depriving a person of his property, there would be no obligation on the part of the State to
pay anything as compensation. The aggrieved person shall have no right to move the court
under Article 32. Thus, the right to property is no longer a fundamental right, though it is still
a constitutional right. If the government appears to have acted unfairly, the action can be
challenged in a court of law by citizens.

The liberalisation of the economy and the government's initiative to set up special economic
zones has led to many protests by farmers and have led to calls for the reinstatement of the
fundamental right to private property. The Supreme Court has sent a notice to the government
questioning why the right should not be brought back but in 2010 the court rejected the PIL

As in 2007 the supreme court unanimously said that the fundamental rights are a basic
structure of the constitution and cannot be removed or diluted on that time.

39
CHAPTER

7. RIGHTS OF WORKING WOMEN UNDER INDIAN lAWS

The role of women, which constitute half of the population, has greatly changed after
industrialization and independence of the country. Nobody can now afford to ignore their
contribution in different walks of life. In the industrial areas, they are working both in the
organised and un-organised sectors of employment.

After the process of economic refonn was initiated in India, a great deal of concern has been
expressed about the extent of impact of such reform measures on employment of women and
on the extent of participation of women in the process of socio-economic development of the
country in the future. One of the indicators or determinants of conformance to the principle of
equality of women is access of women to all types of economic activities without any
discrimination and with equal pay for equal work.

It is a matter of considerable interest to analyse the situation of womenworkers in India to

review the policies adopted by the Government of India towards the implementation of the
standards set in this regard and to assess the extent to which women have been integrated into
the overall development.

A number of studies have been carried out on the situation of women work force in India on
occupation pattern. A common conclusion emerging out of these studies is that over the years
there has been a preceptible positive change in the attitude of the society in general towards
consideration of women workers issues. They now form an integral part in the process of
national development and special attention has been given to deal with the problems of
women and to address the issues of women's equality. It is true that in India women are no
longer taken as passive members of the society, but are viewed as an important segment of
the total work force, contributing in varying degrees to the socio-economic development. In
fact, new economic, legal and social norms are beginning to evolve to give the women a
better deal in the sphere of work.

However, it is an admitted fact that despite formal policy declarations and legislative reforms,
there are still grey areas between legislation and enforcement, between policy and practice,
and between the enunciation of the principle of equality and its actual implementation. The
reasons are fairly simple. Women, in general, are at a disadvantaged position in the labour
market, particularly in the developing countries, owing to a complexity of factors such as low

40
literacy level, absence of adequate skills and lack of mobilicy. Women are therefore
employed in a restricted range of jobs requiring only low levels of skills and education. The
de-facto inequality in the status of men and women originating from social, economic,
political and culture factors has been further accentuated by the job segregation over a period
of time. The situation is much the same in India, which is characterised by a complex pattern
of social stratification. Women's status is governed by the norms of religion, caste and class
and by their place in the family. However, historically, India has had progressive legislation
with re164 gard to women's issues. During the struggle for independence, the women's
movement pressed for complete equality and indeed in the Constitution, women were
guaranted equality under Article 14. Any discrimination on grounds of sex was also
prohibited under Article 15. These Articles empowered the State to make special provisions
for women and children, particularly in the field of labour legislation. As a result, there has
developed a substantial body of specific laws aiming to protect women against unfair and
discriminatory practices. Most of these legislation's have, however, proven to be difficult to
implement in the field realities. There have been evident difficulties in achieving social
change through the legislation because of the very fabric of socio-political and economic
framework. This has led to the intervention by a number of women's groups, formed mainly
by social workers, political activists or lawyers. These groups have started the process of
sensitisation of different sections of society. It has been recognised that the change of long-
standing customs and norms will obviously be slow and that women have to fight to gain
their rights. Acceptance of women's role in the developing economies has also got reflected
in a number of changes brought about over time to move away from separate women's
programmes to the systematic incorporation of a "gender perspective" into the entire
spectrum of developmental programmes. The national planners and the policy makers have
felt that the Constitutional safeguards for equality were not adequate and served no purpose
unless women's rights to economic independence was recognised, women were treated as
equal members of the society and they were accepted as equal participants, agents and
beneficiaries in the development process. Thus the principles of equality of women in
employment opportunities and elimination of all forms of discrimination against women were
sought to be translated

into practice through formal policies, legislation;s and affirmative or

positive actions by way of integrating women in the developmental process. Special

institutions and machineries have also been created to deal with the women-specific problems
41
effectively. "It is important to recognise the inevitable restraints on what can be achieved by
legislation, so that it is seen in proper perspective, without arousing false expectations or
encouraging a sense

of complecency" .1

4.1. Welfare Measures for Working Women Under the Five Year Plans: Welfare measures
for women were provided in the very first Five Year Plan launched in 1951. The Plan also
emphasised the community development approach and highlighted the need for organising
women. The approach gained momentum in the Second Five Year Plan (1956-61) which
gave due recognition to women as workers. It attempted to protect the women against unsafe
work, stressed for maternity benefits and creches for children. It also suggested speedy
implementation of the principle of "equal pay for equal work" and provided for training to
enable women to compete

for higher level jobs.

It was in the Third Plan (1961-66) that women's education was focussed as a major welfare
strategy. A significant share of the plan outlay was allotted for e~panding rural welfare
services. The thrust on women's education was continued in the Fourth Plan (1969-74).

The Fifth Plan (1974-79) elaborated upon some of the reasons for fewer employment
opportunities for women and pointed out that the labour market as it was operating was far
from being neutral regarding gender. It also admitted the existence of certain amount of bias
against recruitment of women in various occupations which further got accentuated by the
existing power structure within the traditional families and the communities which prevented
women from seeking adequate education and outside employment.

The Plan also recognised that a relatively smaller proportion of women were in a position to
join the labour market for regular full-time employment and that most women needed part-
time employment. To improve the situation, the Plan came out with a comprehensive policy
for women's employment emphasising the need to expand and diversify education and
training opportunities available to women. It provided for special steps for admission of
women to educational institutions on a strictly non-discriminatory basis and recommended a
programme of functional literacy. The Plan period coincided with the International Women's
Decade. The Report of the Committee on the Status of Women in India was also submitted
during this period. The Commission analysed various issues relating to the rights and status

42
of women in the context of changing social and economic conditions in the country and
pointed out the problems relating to the advancement of women. A major outcome was the
recognition of women as a group adversely affected by the social and economic
transformation. In 1976, a National Plan of Action was evolved based on the United Nations
World Plan of Action for Women. A Women's Welfare and Development Bureau under the
Ministry of Social Welfare was established to serve as nodal point to coordinate programmes
of other Ministries and to collect relevant data. It was in the Sixth Plan that a shift was
perceived from the welfare approach to the development approach of women. It was
recognised that lack of access to resources was a critical factor impeding women's
development. It was for the first time in the history of planning that a separate chapter on
"Women and Development" was incorporated in the Plan document. The document stressed
the need for greater attention to the economic emancipation of women along with access to
health care and family planning services. It further stipulated that women were to form at
least one third of the beneficiaries under the scheme of Training of Rural Youth for Self-
employment (TRYSEM). A special women's income generating programme was also
introduced in 1982 (DWCRA). The Plan emphasised that the women workers would require
new skills and that the existing skills need to be upgraded.

The Seventh Plan envisaged to instill confidence and to generate awareness amongst women
and to open up new avenues of work by expanding access of women to critical resources such
as land, credit, training, etc. Women's Development Corporations was set up and training and
employ168 ment programmes were started to promote self-employment and wage
employment. The Eighth Five Year Plan (1990-95) continues to identify certain thrust areas
for women's development. The Plan reiterates that the women must be equal participants at
par with men in the national development process. In· order to increase the visibility and to
acknowledge women's contribution, the plan states that steps will be initiated for
identification and registration of women workers. Obstacles will also be removed to expand
women's

access and control over resources, better wages and improved access to social security.

The Ninth Plan (1997-2002) : The main objective of the Ninth Plan is to improve the living
conditions of poor and the various disadvantaged sections of the society including women. A
good number of programmes for empowerment of women are being undertaken during this
plan period. A women's cell under the Directorate General of Employment and Training

43
coordinates with States in the matter of vocational training of women. The employment
exchanges took special care to cater to the job needs of women registered with them. During
this plan period the hostel facilities for working women were enhanced. From the foregoing
discussion, it is clear that in order to protect and safeguard the interests of women in general
and women workers in particular, different measures have been undertaken from time to
time. These measures ameliorated the conditions of women workers and protected them from
exploitation and discrimination. Free India provided a basic frame-work for possible
improvement of women's status. There have been conscious effort to change the position of
women from in-equality to equality during this period through different legislations and open
plans.2 The number of women workers in the organised sector is comparatively insignificant
as a large number of them are engaged either in informal sector of employment or are in self-
employment. Female labour force engaged in organised sector of employment hardly
constitute 10 percent of the total women workers and they are mainly engaged to do low-paid
and unskilled jobs. It has been observed in the report of the core group that women are
discriminated in comparison to men in terms of wages and working conditions admissible to
them. In this context it has been highlighted that the wages earned by women workers come
to half of the wages payable by the employer to male workers for the whole day work inspite
of the fact that productivity by them is in no respect less than that of male workers. It has
been pointed out by the National Commission on Employed Women that the 94 per cent of
the total female workforce has been employed in the unorganised sector where their
exploitation is maximum in terms of long hours of work, low skills, low productivity and lack
of job security. It was highlighted by the 'Committee on the Status of Women in India' in its

2. Unfortunately, in spite of all the awareness and developments, the results are not
satisfactory and the struggle of women continues. There is a big gap between policy,
legislation

and practice, between good intentions, rhetoric and reality. What appears on paper does not
some how get translated into practice with the result that women still suffer from the same
problem of inequality. report that 94 per cent of the women workers were engaged in the
unorganised sector of employment out of which 81.4 per cent were engaged in agriculture
and rest in non-agricultural occupation.

44
4.2. The Constitutional Policy :

The preamble to the constitution . of India resolves to secure to all its citizens including
women, justice, social, economic and political; liberty of thought, expression, belief, faith and
working; equality of status and opportunity and to promote among them all fraternity
assuming the dignity of the individual and the unity and integrity of the nation. Social justice
would be a myth in a society wherein one half of the population consisting of women
constitutes to bear the burden of inferior status. Thus, the constitution of India has given
special attention to the needs of women to enable them to exercise their rights on an equal
footing with men and participate in national development. For achieving the socio-economic
emancipation of women, the constitution has formulated the following principles. First, the
discrimination is prohibited on the ground of sex and every individual is treated equally.
Secondly, it empowers the state to make special provisions for women with aview to enable it
to take special care of women in the light of their peculiar physiological, psychological and
social position. These principles which constitute constitutional philosophy are incorporated
in the constitution in the form of Fundamental Rights and Directive Principles, while the
Funda171 mental Rights are justiciable, and enforceable in the counts of law, the Directive
principles are non-justiciable and non-enforceable in courts.

4.2. The Constitutional Policy :

The preamble to the constitution . of India resolves to secure to all its citizens including
women, justice, social, economic and political; liberty of thought, expression, belief, faith and
working; equality of status and opportunity and to promote among them all fraternity
assuming the dignity of the individual and the unity and integrity of the nation. Social justice
would be a myth in a society wherein one half of the population consisting of women
constitutes to bear the burden of inferior status.

Thus, the constitution of India has given special attention to the needs of women to enable
them to exercise their rights on an equal footing with men and participate in national
development.

For achieving the socio-economic emancipation of women, the constitution has formulated
the following principles. First, the discrimination is prohibited on the ground of sex and every
individual is treated equally. Secondly, it empowers the state to make special provisions for
women with a

45
view to enable it to take special care of women in the light of their peculiar physiological,
psychological and social position. These principles which constitute constitutional philosophy
are incorporated in the constitution in the form of Fundamental Rights and Directive
Principles, while the Funda171 mental Rights are justiciable, and enforceable in the counts of
law, the Directive principles are non-justiciable and non-enforceable in courts.

4.2.1. Fndamental Rights:

The Constitution of India guarantees Fundamental Rights to people including women under
various provisions contained in Part Hird of the Constitution.

The relevant provisions concerning women are as follows:

Article 14 provides that the state shall not deny to any person (including women) equality
before the law or the equal protection of the laws within the territory of India.

Article 15(1) provides that the state shall not discriminate against any citizen on grounds only
of religion, race, caste, sex, place of birth or any of them.

Article 15(2) provides that no citizen shall, on grounds only of religion, race, caste, sex, place
of birth or any of them, be subject to any disability, liability, restriction or condition with
regard to:

a) access to shops, public restaurants, hotels and places of public entertainment;

b) the use of wells, tanks, bathing ghats, roads and places of public

resort maintained wholly or partly out of state funds or dedicated to the use of general public.
Article 15(3) provides that nothing in this article shall prevent the state from making any
special provision for women and children.,.

Article 16( 1) provides equality of opportunity in matters of public employment. of religion,

race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or
discrimination against in respect of, any employment or office under the state.3 Article 23
guarantees right against exploitation. This Article provides that traffic in human beings
(including women) and beggar and other similar forms of forced labour are prohibited and
any contravention of this provision shall be an offence punishable in accordance with law.
Constitutional commitment recognizing right to equality has been e ? Cplicitly laid down
under Article 14 of the Constitution of India which provides

46
that the state shall not deny to any person equality before the law or the equal protection of
law. This provision guarantees to all persons, including women, the right to equality in law.
The equality guarantee does not require that the law treats all individuals exactly the same,
but it permits discrimination on the basis of reasonable classification. The classification
should not be arbitrary and discriminatory.

Article 15(1) provides that the state shall not discriminate against any citizen on grounds only
of religion, race, caste, sex, place of birth or any

3. Article 16 guarantees equality of opportunity in public employment only.

is paramount

in appropriating to women socio-economic equality through the protection of their rights and
it does not prevent the state from making any special provision for women. Again Article
15(2) ensures social equality to women because it protects the women from being subject to
any disability or restriction on the grounds of sex with respect to access or use of any public
place. The need for inclusion of Article 15(1) in the Constitution arose because the framers of
the Constitution knew the fact that the 14th Amendment guaranteeing equal protection of law
for preventing social discrimination in various segments of American social and political life
was not found sufficient in America. The Framers keeping this factor in mind feared that
inspite of the prohibition in Article 14, discrimination on the basis of sex might be
legitimated by the court on the basis of reasonable classification. It was with a view to
forestalling such an eventuality that the clause (1) was incorporated in Article 15 of the
Constitution.4 Article 15(3) acts as an exception to Article 15(1) which authorises the state
for making special provision for women. It enables the state to enact laws protecting women.
In other words it enables the state to discriminate in favour of women, which is therefore,
called protective discrimination by

constitutional experts. This provision is called compensatory provision for women because
according to constitution makers this provision might com- pensate the loss of opportunities
suffered by women during the last several centuries. Since women were suppressed for a very
long period, they lost their initiative, confidence in their capacity to face problems and
opportunity to equip themselves for various types of employments. It is because of these facts
that the constitution makers considered them weaker sections of the people who required
some help and they took a pragmatic decision in

47
incorporating clause (3) of Article 15 in the Constitution. The welfare of women is of vital
significance in a welfare state. Consequently any special provision for their protection or
upliftment would not offend or operate against the subject of non-discrimination provided in
Article

15( 1). Therefore, Article 15(3) is intended to give advantage to women so that they could
compete with men in various fields. The provision has been used to enact special laws for the
protection of women workers in factories, mines, plantations and establishments. However, it
is unfortunate that this provision has not been so far used to make reservations in favour of
women in employments by recognizing them as socially and economically vulnerable class.
Therefore, much more remains to be done under this prov1s10n. The banner of equality, the
hallmark of our Constitution is foisted in the realm of public employment.5 This obligation
not to discriminate in matters relating to employment or appointment to any office under the
state has thus ensured a significant position and status for Indian women. This

5. Article I 5.

provision, no doubt, ensures equality of opportunity to women in matters relating to

government employment. Women, like the other backward classes of citizens, have been
considered weaker sections by the Constitution because of suppression in society for a long
period with the result their position has become so weak that they are not in a position to
compete with men. Although, they constitute half of the population, they are not adequately
represented in the services under the state. A special provision in Article 16 for reservation of
appointments or posts in favour of women would have helped to mitigate this situation.
Therefore, it is submitted that in order to render the right to equality of opportunity in
government employment more meaningful to women a suitable amendment must be carried
out to Article 16 to incorporate in it a special provision for reservation of appointments or
posts in government service in favour of women.

This can be justified under Article 15(3). Thus articles 14,15 and 16 underline the
significance which our constitution makers attached to the principle of equality. The three
provisions are the part of the same constitutional code of guarantee. These Articles are so
interwoven that one Article can be invoked to construe the scope of other. Article 14 could be
considered as genus and Articles 15 and 16 as the species. Article 14 guarantees the general
right of equality. Articles 15 and 16 are instances of the same right in favour of citizens in
some specific circumstances.6

48
CONCLUSION

These introductory discussions about the origin and nature of human rights pose significant
challenges to their operation as universal standards of behaviour. Fundamentally diverging
foundations for human rights may be given, that ultimately must rely upon either divine
revelation, human reason extrapolating from nature, or deliberate human invention and
agreement. Even if a satisfactory basis for human rights can be constructed, further
fundamental challenges emerge to both the `human' and `rights' dimensions of human rights.
It is not self-evident what it is about humans that generates the moral entitlement to certain
benefits, neither is the status clear of those humans who do not share these qualities. A
particular problem is posed by the manner in which these benefits are asserted to be `rights',
since this concept can operate in practical circumstances as a liberty, power, immunity, or
claim-right. The locus of any corresponding duty for a claim-right is no less problematic.
Consequently human rights must be examined more closely, because they are at once so
important and yet so vulnerable to probing questions about their origin, foundation,
substance, and operation.

Canadians, among others, may readily embrace the rhetoric of human rights. But we do need
to ask whether these human rights are really civil rights, in the sense of belonging to a
particular conception of society. By studying the theoretical under-pinning of human rights,
as well as their operation in the context of specific practical rights issues, we may come to a
fuller appreciation of the extent to which human rights depend upon deliberate (although
often obscured) policy choices.

49
BIBLIOGRAPHY AND REFERENCES

 www.scribd.com
 www.wikipedia.com
 www.humanrights.com
 www.indianright.com

Amnesty International (2004). Amnesty International Report. Amnesty International

Publications. ISBN 0-86210-354-1 ISBN 1-887204-40-7

Alexander, Fran (ed) (1998). Encyclopedia of World History. Oxford University Press. ISBN
0-19-860223-5

Alston, Philip (2005). "Ships Passing in the Night: The Current State of the Human Rights
and Development Debate seen through the Lens of the Millennium Development Goals".
Human Rights Quarterly. Vol. 27 (No. 3) p. 807

Arnhart, Larry (1998). Darwinian Natural Right: The Biological Ethics of Human Nature
SUNY Press. ISBN 0-7914-3693-4

Ball, Olivia; Gready, Paul (2007). The No-Nonsense Guide to Human Rights. New
Internationalist. ISBN 1-904456-45-6

Barzilai, Gad. (2003). Communities and Law: Politics and Cultures of Legal Identities. Ann
Arbor: University of Michigan Press. ISBN 0-472-11315-1

Chauhan, O.P. (2004). Human Rights: Promotion and Protection. Anmol Publications PVT.
LTD. ISBN 81-261-2119-X.

50