Criminal Justice & HR RU

School of Law
RENAISSANCE UNIVERSITY, INDORE (M.P)
UNIT- 1
Concept and Development of Human Rights
What are Human Rights?
Every person has dignity and value. One of the ways that we recognize the
fundamental worth of every person is by acknowledging and respecting their
human rights.
Human rights are a set of principles concerned with equality and fairness. They
recognize our freedom to make choices about our lives and to develop our
potential as human beings. They are about living a life free from fear, harassment
or discrimination.
Human rights can broadly be defined as a number of basic rights that people from
around the world have agreed are essential. These include the right to life, the
right to a fair trial, freedom from torture and other cruel and inhuman treatment,
freedom of speech, freedom of religion, and the rights to health, education and
an adequate standard of living.
These human rights are the same for all people everywhere – men and women,
young and old, rich and poor, regardless of our background, where we live, what
we think or what we believe. This is what makes human rights ‘universal’.
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Who has a responsibility to protect human rights?
Human rights connect us to each other through a shared set of rights and
responsibilities.
A person’s ability to enjoy their human rights depends on other people respecting
those rights. This means that human rights involve responsibility and duties
towards other people and the community.
Individuals have a responsibility to ensure that they exercise their rights with
consideration for the rights of others. For example, when someone uses their
right to freedom of speech, they should do so without interfering with someone
else’s right to privacy.
Governments have a particular responsibility to ensure that people are able to

enjoy their rights. They are required to establish and maintain laws and services
that enable people to enjoy a life in which their rights are respected and
protected.
For example, the right to education says that everyone is entitled to a good
education. This means that governments have an obligation to provide good
quality education facilities and services to their people.
Whether or not governments actually do this, it is generally accepted that this is

the government's responsibility and people can call them to account if they fail to
respect or protect their basic human rights.
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Evolution of Human Rights in India can be traced back to the fifteenth century B.C
from Vedas. Traditionally Human rights are known as “natural rights of man”
which includes life, liberty and happiness of the people.
Introduction
Human rights are the basic rights which are very important for the peaceful
survival of human beings in all parts of the world. From the beginning of human
civilization, human rights have been incorporated in our society. In the beginning,
it may be violated but it can never be stopped from existing.
The word “Human” means the nature of man or mankind and the word “Right”
means every person have or allowed to have in society. Human rights are like
freedom, equality and democracy and it is hard to define. Human rights will vary
according to place, people, time and other circumstances. It will be changing
according to the social and economic conditions of the society. Human rights are
a universally accepted principle which supports every human being to live with
peace, liberty and justice.
Importance of Human rights
 Human rights ensure every person is met with their basic essentials such as
food, shelter, education etc. 
 Human rights will protect the vulnerable people of society from abuse. 
 Human rights ensure people’s right to freedom of speech and expression.
 Human rights allow people to practice their religion.
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 Human rights give people the right to education.
 Human rights protect the environment for the good of society and people
live in.
 Human rights provide a universal standard to protect people’s rights. 
History of Human Rights in India
Evolution of Human Rights in India can be traced back to the fifteenth century B.C
from Vedas. It is to be noticed that India embedded the concept of human rights
from the time immemorial and the same rights were discovered by the west later.
The wide range of stories and judicial pronouncement showed the concept of
human rights and in Vedic period human rights were deemed to be “equality”.
 Ancient Period
There are several Vedas which throw light on human rights. The famous Vedic
quote “let everyone be happy, let everyone free from all ills” which expected the
king not only to protect the lives of the people also to promote human well being
and prosperity. Kautilya had pleaded with the king to protect the rights of the
people and also the dignity of the people. Arthasastra not only dealt with civil and
political rights formulated by Manu but also included several economic rights for
the people.
Buddhism and Jainism protected the moral order and dignity of the people. After
Buddha, Ashoka policy of non-violence made him protect the Human rights which
include equality, fraternity, happiness and liberty of the individuals. People
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enjoyed many rights in the Hindu Empire. Ashoka secured freedom from hunger,
disease, deprivation and prohibit torture and inhuman treatment of the prisoners.
The ancient period developed the common ideas to enlarge unity and harmony
irrespective of race, colour, language, religion, gender etc. Most of the Vedas and
Smritis stated that the whole world was one family. The ancient jurisprudence
abundantly encouraged freedom, equality and liberty for all people.
 Medieval India
Medieval India was popularly known as the Muslim period or Muslim era. During
the Pre-Mughal period, Hindus were forced to adopt their culture and religious
practices. But, in later Muslim period it is considerably changed and modified to
its form. During the rule of Akbar the great, he brought many changes towards
the Hindus to practice their own religion. It can be clearly seen that “Human Right
policy of universal reconciliation and tolerance” was followed by the ruler and
the same was followed by his son Jahangir.
The right of an accused to be released on bail existed during the Mughal period,
similarly, the accused can be acquitted on the benefit of the doubt. Bhakti
movement emerged in India, it regenerated truth, righteousness, justice and
morality.
 British Period
The modern developments of human rights in India emerged during the British
period. The torture made by the British against Indians induced the Indians to
protest against the rule of Britishers and encouraged the freedom fighters for the
freedom movement to safeguard their liberties and fundamental rights and
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freedoms. The national movement emphasized by Gandhi ji not only to free India
from foreign rule but also to abolish the practice of Sati, untouchability, Harijan’s
rights etc.
The movement is for the fundamental freedom and civil and political rights for
the people. The objective of the Indian national congress, in the beginning, is to
secure liberties, human rights of non-discrimination on grounds of race, color
etc.
Raja Ram Mohan Roy and Ishwar Chandra Vidyasagar stood against the violence
against women’s in India including ‘sati pratha’, child marriage and other
outbreaks of violence. They criticized discrimination made against women.
Vidyasagar took several efforts to remove legal obstacles for widow remarriage
through legislation in 1856 and also played a vital role in promoting education for
girl children.
Gandhiji launched Non-violent struggle to emphasise self-governance and

fundamental laws for themselves.
Jyotiba Phule founded “satyashodhak samaj” to ensure equality among the

oppressed class and promote the education of girls. Likewise, Arya samaj and
Ramakrishna mission in 1899 were struggling for promoting education for all the
sections of the society. Human rights and basic fundamental freedoms are the
only things for the Indians to fight against the Britishers.
The proclamation of Queen Victoria on 1st November 1858 declared the secular
nature of the state and non-interference in religious practices.
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In the Constitution of India Bill 1895, the Indian national congress demanded to
insert basic human rights for the people including freedom of speech and
expression, right to equality, right to free education etc. Indian National
Congress in 1927 set up a committee to draft “Swaraj Constitution” on the basis
of the declaration of rights.
In 1927, a committee was set up under the chairmanship of Pt. Motilal Nehru. The
committee suggested 19 fundamental rights be incorporated in the constitution
of India. The Constitution of India 1950 incorporated 10 fundamental rights
suggested under the committee. In 1946 Jawaharlal Nehru passed the objective
resolution which contained most of the human rights and it guaranteed safeguard
for minorities, backward classes, tribal people, oppressed and other classes in the
country.
In 1945, Sapru committee asked for the written codes for fundamental rights and
after several debates, the fundamental rights and directive principles of state
policy were incorporated in the Indian constitution.
India got its independence on August 15, 1947, but it was incomplete and on 10th
December 1948, when the constitution of India was in making the Universal
Declaration of Human Rights was adopted.
Constitution of India & Human Rights
The Constitution of India is considered as the supreme law of the land. It was
drafted by the constituent assembly and adopted by the people on 26th
November 1949 and came into force on 26th January 1950. At the
commencement of the Constitution, it consists of 395 Articles, 22 parts and 8
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schedules. Currently, the constitution of India has 395 Articles, 22 Parts and 12
Schedules. The most important provisions of the Indian constitution are
considered to be fundamental rights from Article 14 to Article 31.
These rights are considered to be essential for the human being to live peacefully
and with liberty in the country. In Part IV the constitution of India provided
directive principles of state policy for the implementation of those human rights.
The Constitution of India inserted several rights for the betterment of human
beings such as Right to equality, Right to freedom, Right to freedom of religion,
Cultural and educational rights, Right for enforcement of rights.
Role of Judiciary & development of Human Rights in India
The development of human rights in India was made possible through various
judicial pronouncements. In the Case, P. Rathinam v. Union of India the Supreme
Court held that Right of a person to live with human dignity and the concept of
life includes the tradition, culture and heritage of a person concerned.
In the Case, Olga Tellis v. Bombay Municipal Corporation there was a question
before the court that whether the right to livelihood will be covered under the
right to life under Article 21. The Supreme Court held that without means of
livelihood, no person can live. Therefore, the court held that Article 39(a) and
Article 41 of the Indian constitution ensures the state to safeguard the right to
livelihood and right to work for the citizens of India.
In M/S. Zee Tele films Ltd v. Union of India the Supreme Court of India observed
that right to development in developing countries in all spheres is also human
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right and as such has a direct nexus with the increase in capabilities of human
beings as also the range of things they can do.
VI. List of some of the important breakthroughs and laws on the promotion and
protection of human rights in India
1. 1829 – The practice of Sati was formally abolished.
2. 1923 – Workmen’s Compensation Act.
3. 1926 – Trade Unions Act.
4. 1929 – Child Marriage Restraint Act.
5. 1933 – Children ( Pledging of Labor) Act.
Characteristics of Human Rights
1- Human rights are universal and inalienable. This means that we all are equally
entitled to our human rights and they must not be taken away, except in specific
situations and according to due process. For instance, a criminal can be denied
the Right to Liberty.
2- They are indivisible and interdependent. This implies that one set of rights
cannot be enjoyed fully without the other. For instance, if our Social or Civil
Human Rights are violated, it will impact other rights as well such as Political or
Cultural Human Rights
3- These are equal and non-discriminatory as all human beings are born free and
equal in dignity and rights. For instance, one cannot be given priority over others.
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Types of Human Rights
As guaranteed by the Universal Declaration of Human Rights (UDHR), Human

Rights can be classified as:
Social or Civil Human Rights
Each one of us is entitled to:
a. Right to life, liberty and security

b. Right to freedom from slavery and servitude
c. Right to freedom from torture or cruel, inhuman or degrading treatment or
punishment
d. Right to freedom from arbitrary interference with privacy, family, home or
correspondence
e. Right to marry and have family and right to property
Political Human Right
To take part in political processes, each one of us is entitled to:
a. Right to nationality
b. Right to equality before the law and equal protection of law
c. Right to judicial remedies, fair trial and freedom from arbitrary arrest,
detention or exile
d. Right to freedom of thought, expression, belief, faith, conscience and religion
e. Right to freedom of peaceful assembly and association
f. Right to take part in government affairs and equal access to public service
g. Right to equal suffrage
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h. Right to freedom of movement and right of asylum etc.
Economic Human Rights
Each one of us is entitled to certain economic human rights:
a. Right to social security

b. Right to work and the right to equal pay for equal work
c. Right to form trade unions
d. Right to rest and leisure
e. Right to food, health and an adequate standard of living
Cultural Human Rights
To protect different cultures, customs, and traditions, we are entitled to:
a. Right to participate in the cultural life of the community

b. Right to enjoy the art and to share in the scientific advancement and its
benefits
c. Right to the protection of the moral and material interests resulting from any
scientific, literary and artistic production of which the individual is the author
d. Right to a social and international order in which the human rights as provided
in the Universal Declaration can be fully realized
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UNITED NATION
Introduction
The United Nations (UN) is an international organization founded in 1945. It is

currently made up of 193 Member States.
Its mission and work guided by the purposes and principles contained in its
founding Charter and implemented by its various organs and specialised agencies.
Its activities include maintaining international peace and security, protecting

human rights, delivering humanitarian aid, promoting sustainable development
and upholding international law.
History of UN Foundation
 In 1899, the International Peace Conference was held in The Hague to

elaborate instruments for settling crises peacefully, preventing wars and
codifying rules of warfare.
o It adopted the Convention for the Pacific Settlement of

International Disputes and established the Permanent Court of
Arbitration, which began work in 1902. This court was the
forerunner of UN International Court of Justice.
 The forerunner of the United Nations was the League of Nations, an
organization conceived in circumstances of the established in 1919 under
the Treaty of Versailles "to promote international cooperation and to achieve peace and
security."
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o The International Labour Organization (ILO) was also created in
1919 under the Treaty of Versailles as an affiliated agency of the
League.
 The name "United Nations", coined by United States President Franklin D.

Roosevelt. A document called The Declaration by United Nations was
signed in 1942 by 26 nations, pledging their Governments to continue
fighting together against the Axis Powers (Rome-Berlin-Tokyo Axis) and
bound them against making a separate peace.
 United Nations Conference on International Organization (1945)
o Conference held in San Francisco (USA), was attended by

representatives of 50 countries and signed the United Nations
Charter.
 The UN Charter of 1945 is the foundational treaty of the United

Nations, as an inter-governmental organization.
Components
The main organs of the UN are
1. the General Assembly,
2. the Security Council,
3. the Economic and Social Council,
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4. the Trusteeship Council,
5. the International Court of Justice,
6. and the UN Secretariat.
All the 6 were established in 1945 when the UN was founded.
1. General Assembly
 The General Assembly is the main deliberative, policymaking and

representative organ of the UN.
 All 193 Member States of the UN are represented in the General Assembly,
making it the only UN body with universal representation.
 Each year, in September, the full UN membership meets in the General

Assembly Hall in New York for the annual General Assembly session, and
general debate, which many heads of state attend and address.
 Decisions on important questions, such as those on peace and security,

admission of new members and budgetary matters, require a two-thirds
majority of the General Assembly.
 Decisions on other questions are by simple majority.
 The President of the General Assembly is elected each year by assembly to

serve a one-year term of office.
 6 Main Committees: Draft resolutions can be prepared for the General

Assembly by its six main committees: (1) First Committee (Disarmament
and International Security), (2) Second Committee
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(Financial), (3) Third Committee (Social, Humanitarian, and Cultural), (4) Fourth
Committee (Special Political and Decolonization), (5) Fifth Committee
(Administrative and Budgetary), (6) Sixth Committee (Legal).
o Each Member State may be represented by one person on each

Main Committee and on any other committee that may be
established upon which all Member States have the right to be
represented.
o Member States may also assign advisers, technical advisers,

experts or persons of similar status to these committees.
 Other Committees:
o General Committee: It meets periodically throughout each session to

review the progress of the General Assembly and its committees and
to make recommendations for furthering such progress. It is
composed of the President of the General Assembly and 21 Vice-
Presidents of the Assembly and the Chairmen of the six Main
Committees. The five permanent members of the Security Council
serve as Vice-Presidents, as well.
o Credentials Committee: It is mandated to examine the credentials of

representatives of Member States and to report to the General
Assembly.
2. Security Council
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 It has primary responsibility, under the UN Charter, for the maintenance of
international peace and security.
 The Security Council is made up of fifteen member states, consisting of five

permanent members—China, France, Russia, the United Kingdom, and the
United States—and ten non-permanent members elected for two-year
terms by the General Assembly on a regional basis.
 "Veto power" refers to the power of the permanent member to veto

(Reject) any resolution of Security Council.
 The unconditional veto possessed by the five governments has been seen
as the most undemocratic character of the UN.
 Critics also claim that veto power is the main cause for international
inaction on war crimes and crimes against humanity. However, the United
States refused to join the United Nations in 1945 unless it was given a veto.
The absence of the United States from the League of Nations contributed
to its ineffectiveness. Supporters of the veto power regard it as a promoter
of international stability, a check against military interventions, and a
critical safeguard against U.S. domination.
3. Economic and Social Council (ECOSOC)
 It is the principal body for coordination, policy review, policy dialogue and
recommendations on economic, social and environmental issues, as well as
implementation of internationally agreed development goals.
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 It has 54 Members, elected by the General Assembly for overlapping three-
year terms.
 It is the United Nations’ central platform for reflection, debate, and

innovative thinking on sustainable development.
 Each year, ECOSOC structures its work around an annual theme of global
importance to sustainable development. This ensures focused
attention, among ECOSOC’s array of partners, and throughout the UN
development system.
 It coordinates the work of the 14 UN specialized agencies, ten functional

commissions and five regional commissions, receives reports from nine UN
funds and programmes and issues policy recommendations to the UN
system and to Member States.
4. Trusteeship Council
 It was established in 1945 by the UN Charter, under Chapter XIII.
 Trust territory is a non-self-governing territory placed under an

administrative authority by the Trusteeship Council of the United Nations.
 A League of Nations mandate was a legal status for certain territories

transferred from the control of one country to another following World
War I, or the legal instruments that contained the internationally agreed-
upon terms for administering the territory on behalf of the League of
Nations.
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 United Nations trust territories were the successors of the remaining
League of Nations mandates, and came into being when the League of
Nations ceased to exist in 1946.
 It had to provide international supervision for 11 Trust Territories that had

been placed under the administration of seven Member States, and ensure
that adequate steps were taken to prepare the Territories for self-
government and independence.
 By 1994, all Trust Territories had attained self-government or

independence. The Trusteeship Council suspended operation on 1
November 1994.
5. International Court of Justice (ICJ)
 The International Court of Justice is the principal judicial organ of the

United Nations. It was established in June 1945 by the Charter of the
United Nations and began work in April 1946.
 The ICJ is the successor of the Permanent Court of International Justice

(PCIJ), which was established by the League of Nations in 1920.
6. Secretariat
 The Secretariat comprises the Secretary-General and tens of thousands

of international UN staff members who carry out the day-to-day work of
the UN as mandated by the General Assembly and the Organization's other
principal organs.
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 The Secretary-General is chief administrative officer of the Organization,
appointed by the General Assembly on the recommendation of the
Security Council for a five-year, renewable term.
 UN staff members are recruited internationally and locally, and work in

duty stations and on peacekeeping missions all around the world.
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UNIT – 2
Human Rights and Criminal Jurisprudence
INTRODUCTION
“Innocent until proven guilty”, in context to this phrase, it’s very obvious that in
India the burden of proof to prove any allegation lies upon the prosecution. Until
and unless, an accused is proved guilty, he or she cannot be considered as a
criminal. An accused who is sent behind the bars and undergoing trial is
considered as an undertrial prisoner, people often mistook an accused person for
a criminal. In reality, an accused person is an entity who has been alleged to have
committed an offence
Any person has to be treated as a human being, irrespective of the fact that such
person is a criminal. The accused persons are also granted certain rights, the most
basic of which are found in the Indian Constitution. The basic assumption behind
these rights is that the government has enormous resources available to it for the
prosecution of individuals, and individuals, therefore, are entitled to some
protection from misuse of those powers by the government. An accused has
certain rights during the course of any investigation; enquiry or trial of offence
with which he is charged, and he should be protected against arbitrary or illegal
arrest. Given below are some of the most important rights of an arrested person:
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Rights of Arrested Person
1. Right To Silence
The ‘right to silence’ has been derived from common law principles. It means that
normally courts or tribunals should not conclude that the person is guilty of any
conduct merely because he has not responded to questions which were asked by
the police or by the court. The Justice Malimath Committee in its report was of
the opinion that right to silence is very much needed in societies where anyone
can be arbitrarily held guilty of any charge. As per the law of evidence, any
statement or confession made to a police officer is not admissible in a court of
law. Right to silence is mainly concerned about confession. The breaking of
silence by the accused can be before a magistrate but should be voluntary and
without any duress or inducement.
As per Article 20(3) of Constitution of India guarantees every person has been
given a right against self-incrimination, it states that any person who has been
accused of any offence, shall not be compelled to be a witness against himself.
The same was again reiterated by a decision of Supreme Court in the case of
Nandini Sathpathy v. P.L.Dani wherein it was held that no one can forcibly extract
statements from the accused and that the accused has the right to keep silent
during the course of interrogation (investigation). The Supreme Court again in the
year 2010, held that narco-analysis, brain mapping and lie detector test are in
violation of Article 20(3) of the Constitution of India.
2. Right to Know the Grounds of Arrest
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As per Section 50(1) of Cr.P.C, every person who is being arrested by any
police officer, without any warrant, is entitled to know the full particulars
of offence for which he is being arrested, and that the police officer is duty
bound to tell the accused such particulars and cannot deny it.
As per Section 55 of Cr.P.C., when any person is being arrested by any

police officer, who is deputed by a senior police officer, then such
subordinate officer shall before making such arrest, notify the person to be
arrested the substance of the written order given by the senior police
officer specifying the offence or other cause for which the arrest is to be
made. If this provision is not complied with, then the arrest would be
rendered illegal.
If the person is being arrested under a warrant, then as per Section 75 of

Cr.P.C, any person who is executing such warrant must notify the person
to be arrested, the particulars of such warrant, or even show such warrant
if needed. If the substance of the warrant is not notified, the arrest would
be unlawful.
The Constitution of India also confers this right as one of the fundamental
rights. Article 22(2) of the constitution provides that “no person who is
arrested shall be detained in custody without being informed as soon as
may not be, of the grounds for such arrest nor shall he be denied the right
to consult, and to be defended by a legal practitioner of his choice.”
3. Information Regarding the Right to Be Released On Bail
Any person who is to be arrested without a warrant and is not accused of a non-
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bailable offence has to be informed by the police officer that he is entitled to be
released on bail on payment of the surety amount. This helps persons who are
arrested for bailable offences and are not aware of their right to be released on
bail.
4. Right to Be Taken Before a Magistrate Without Delay
Irrespective of the fact, that whether the arrest was made with or without a
warrant, the person who is making such arrest has to bring the arrested person
before a judicial officer without any unnecessary delay. Further, the arrested
person has to be confined in police station only and nowhere else, before taking
him to the Magistrate. These matters have been provided in Cr.P.C. under
sections 56 and 76 which are as given below:
Section 56 of Cr.P.C. states that “Person arrested to be taken before Magistrate or

officer in charge of police station- A police officer making an arrest without
warrant shall, without unnecessary delay and subject to the provisions herein
contained as to bail, take or send the person arrested before a Magistrate having
jurisdiction in the case, or before the officer in charge of a police station”.
Section 76 of Cr.P.C. states that “Person arrested to be brought before Court

without delay- The police officer or other person executing a warrant of arrest
shall (subject to the provisions of section 71 as to security) without unnecessary
delay bring the person arrested before the Court before which he is required by
law to produce such person”.
Further, it has been mentioned in the proviso of Section 76 that such delay shall
not exceed 24 hours in any case. While calculating the time period of 24 hours,
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the time necessary for the journey is to be excluded. The same has been
enumerated in the Constitution as a Fundamental Right under Article 22(2). This
right has been created with a view to eliminate the possibility of police officials
from extracting confessions or compelling a person to give information.
If the police official fails to produce an arrested person before a magistrate

within 24 hours of the arrest, the police officials shall be held guilty of wrongful
detention.
6. Rights at Trial
Right To A Fair Trial
The Constitution under Article 14 guarantees the right to equality before the law.
The Code of Criminal Procedure also provides that for a trial to be fair, it must be
an open court trial. This provision is designed to ensure that convictions are not
obtained in secret. In some exceptional cases the trial may be held in camera.
Right to A Speedy Trial by the Constitution of India
Though this right has not been specifically mentioned in the Constitution,
however, the SC in the Hussainara Khatoon vs State of Bihar 1979 AIR 1369,
1979 SCR (3) 532 has made it mandatory that the investigation in the trial must
be conducted “as expeditiously as possible.”
In cases, wherein the maximum punishment that can be imposed is 2 years, once
the accused is arrested, the investigation for the trial has to be completed within
the period of six months or stopped on receiving an order from the Magistrate,
unless the Magistrate receives and accepts, with his reasons in writing, that there
is cause to extend the investigation.
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7. Right to Consult A Legal Practitioner

Every person who is arrested has a right to consult a legal practitioner of his own
choice. This has been enshrined as a fundamental right in Article 22(1) of the
Constitution of India, which cannot be denied in any case. Section 50(3) of the
Code also lays down that the person against whom proceedings are initiated has a
right to be defended by a pleader of his choice. This starts begins as soon as the
person is arrested. The consultation with the lawyer may be in the presence of
police officer but not within his hearing.
8. Rights of Free Legal Aid
The Supreme Court in the case of in Khatri (II) v. the State of Bihar has held that
the state is under a constitutional obligation (implicit in Article 21) to provide free
legal aid to an indigent accused person as is implicit in Article 21 of the
Constitution. This right does not come into picture only at the time of trial but
exists at the time when the accused is produced the first time before the
magistrate, as also when remanded from time to time. The Supreme Court further
states that failure on the part of the state to inform the accused of this right will
vitiate the whole process of trial. Therefore, a duty is imposed on all magistrates
and courts to inform the indigent accused of his right to get free legal aid. The
apex court has gone a step further in Suk Das v. Union Territory of Arunachal
Pradesh, wherein it has been laid down that this constitutional right cannot be
denied if the accused failed to apply for it. It is clear that unless refused, failure to
provide free legal aid to an indigent accused would vitiate the trial entailing
setting aside of the conviction and sentence.
9. Right to Be Examined By A Medical Practitioner
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Section 54 of Cr.P.C. enumerates this right. It states that:
Section 54 of Cr.P.C:- “Examination of arrested person by medical practitioner at

the request of the arrested person- When a person who is arrested, whether on a
charge or otherwise, alleges, at the time when he is produced before a Magistrate
or at any time during the period of his detention in custody that the examination
of his body will afford evidence which will disprove the commission by him of any
offence or which will establish the commission by any other person of any offence
against his body, the Magistrate shall, if requested by the arrested person so to
do direct the examination of the body of such person by a registered medical
practitioner unless the Magistrate considers that the request is made for the
purpose of vexation or delay or for defeating the ends of justice.”
Important case
D.K. Basu v. State of W.B
Despite several attempts being made by issuing guidelines in various cases, to

eradicate the possibility of the committing torture by the police officials, there
were frequent instances of police atrocities and custodial deaths. Therefore, the
Supreme Court, in this case, issued some guidelines which were required to be
mandatorily followed in all cases of arrest or detention. Following are some of the
important ones-
1. The person who is going to arrest any accused should bear accurate, visible,
and clear identification along with their name tags with their designation.
2. The police officer who is arresting the arrestee must prepare a memo of
arrest, and it should be attested by at least one person who may either be a
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family member of the arrestee or any other respectable person in the
locality. The memo must contain the date and time of arrest and must also
be countersigned by the arrestee.
3. If the person who has signed the memo of arrest is not a family member,
relative or friend of the arrestee, then the arrestee is entitled to have one
friend or relative being informed about his arrest as soon as possible.
4. The person arrested must be made aware of this right to have someone
informed of his arrest or detention as soon as he is put under arrest or is
detained.
5. Entry must be made in the diary at the place of detention regarding the
arrest of the person which shall also disclose the name of the next friend of
the person who has been informed of the arrest and the names and
particulars of the police officials in whose custody the arrestee is.
6. The police officer should, on the request of arrestee, record at the time of
his arrest major and minor injuries, if any, present on arrestee’s body, after
subjecting the arrestee to an examination. The “Inspection Memo” must be
signed both by the arrestee and the police official making such arrest, and
one copy of that memo must be provided to the arrestee.
7. Copies of all the documents including the memo of arrest, referred to

above, should be sent to illaqa Magistrate for his record.
8. The arrestee may be permitted to meet his lawyer during interrogation,

though not throughout the interrogation.
9. The court also ordered that in every district and state headquarters, a
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police control room should be established, wherein every arrest which is
being made must be reported by the police officer making such arrest
within 12 hours of such arrest, and it should be displayed on a conspicuous
notice board.
The Court also emphasized failure to fulfill the given requirements would render
the concerned officer liable for contempt of court along with departmental
actions, and such proceedings can be initiated in any High Court having the
territorial jurisdiction over the matter.
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UNIT – 3
Human Rights Problems in the

Administration of Criminal Justice
Custodial Torture and Its Remedies
“Torture is wound in the soul so painful that sometimes you can almost touch it,
but it is also so intangible that there is no way to heal it. Torture is anguish
squeezing in your chest, cold as ice and heavy as a stone, paralyzing as sleep and
dark as the abyss. Torture is despair and fear and rage and hate. It is a desire to
kill and destroy including yourself”.-Adriana P. Bartow
Custodial torture ranging from assault of various types to death by the police for
extortion of confessions and imputation of evidence are not uncommon. Such a
method of investigation and detection of a crime, in the backdrop of expanding
idea of ‘humane’ administration of criminal justice, not only disregards human
rights of an individual and thereby undermines his dignity but also exposes him to
unwarranted violence and torture by those who are expected to ‘protect’ him.
In India where rule of law is inherent in each and every action and right to life and
liberty is prized fundamental right adorning highest place amongst all important
fundamental rights, instances of torture and using third degree methods upon
suspects during illegal detention and police remand casts a slur on the very
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system of administration. Human rights take a back seat in this depressing
scenario. Torture in custody is at present treated as an inevitable part of
investigation. Investigators retain the wrong notion that if enough pressure is
applied then the accused will confess. The former Supreme Court judge, V.R.
Krishna Iyer, has said that custodial torture is worse than terrorism because the
authority of the State is behind it.
It is a paradox that torture continues to exist in India. This is because India is a

liberal democracy with very clearly articulated constitutional and statutory
provisions against torture that are constantly being developed and monitored by
a strong and independent judiciary. This raises the question: how does torture
continue to persist in India
The crudity of criminal investigation is often blamed on the crudity of resources:

the lack of scientific equipment and professionally-trained persons to do the job
properly. Although this is an element in the problem, it is not the central one.
More important is the sheer impunity enjoyed by law enforcers. This impunity is
allowed to flourish for want of laws criminalizing and punishing custodial torture,
and also due to corruption and the wanton degeneration of courts and other
institutions for the maintenance of law in India. Where a torture victim must wait
for years in hope that a judge may one day take up his/her case, while meanwhile
the perpetrator is being promoted, the very concept of justice is undermined.
Custodial torture is universally held as one of the cruelest forms of human rights
abuse. The Constitution of India, the Supreme Court, the National Human Rights
Commission (NHRC) and the United Nations forbid it. But the police across the
country defy these institutions. Therefore, there is a need to strike a balance
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between the individual human rights and societal interests in combating crime
by using a realistic approach.
Remedies against Custodial Torture:
There are two approaches with respect to the remedies provided for against
custodial torture and subsequent death as well. These two approaches are – legal
regime and judicial precedents. They can be explained as follows:
Legal Regime:
Constitutional Safeguards:
It has been held in a catena of judgments that just because a person is in police
custody or detained or under arrest, does not deprive of him of his basic
fundamental rights and its violation empowers the person to move the Supreme
Court under Article 32 of the Constitution of India. Detention does not deprive
one of his fundamental rights. They don’t flee the persons as he enters the prison
although they may suffer shrinkage necessitated by incarceration. However, the
extent of shrinkage can and should never reach the stage of torture in custody of
such a nature that the persons are reduced to a mere animal existence.
Article 20 of the Constitution of India:

Article 20 primarily gives a person the rights against conviction of offences. These
include the principle of non-retroactivity of penal laws (Nullum crimen sine lege)
i.e. ex-post facto laws thereby making it a violation of the persons fundamental
rights if attempts are made to convict him and torture him as per some statute.
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Article 20 also protects against double jeopardy (Nemo debet pro eadem causa
bis vexari ). This Article most importantly protects a person from self-
incrimination. The police subject a person to brutal and continuous torture to
make him confess to a crime even if he has not committed the same.

This article has been understood in the Indian judiciary to protect the right to be
free from torture. This view is held because the right to life is more than a simple
right to live an animalistic existence. The expression "life or personal liberty" in
Article 21 includes a guarantee against torture and assault even by the State and
its functionaries to a person who is taken in custody and no sovereign immunity
can be pleaded against the liability of the State arising due to such criminal use of
force over the captive person.

Article 22 provides four basic fundamental rights with respect to conviction.
These include being informed of the grounds of arrest, to be defended by a legal
practitioner of his choice, preventive detention laws and production before the
nearest Magistrate within 24 hours of arrest of the person. Thus, these provisions
are designed to ensure that a person is not subjected to any ill-treatment that is
devoid of statutory backing or surpasses prescribed excesses.
Other Statutory Safeguards:

Indian Evidence Act, 1872:
A confession to police officer cannot be proved as against a person accused of any

offence (Sec. 25 Evidence Act) and confession caused by threats from a person in
authority in order to avoid any evil of a temporal nature would be irrelevant in
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criminal proceedings as, inter-alia, provided in Sec. 24. Thus, even though custodial
torture is not expressly prohibited by law in India, the evidence collected by illegal
means, including torture is not accepted in courts.
Code of Criminal Procedure, 1973:

Sec. 46 and 49 of the Code protect those under custody from torture who are not
accused of an offence punishable with death or imprisonment for life and also
during escape. Sec. 50-56 are in consonance with Article 22. Sec. 54 of the Code
is a provision that to a significant extent corresponds to any infliction of custodial
torture and violence. According to it, when an allegation of ill-treatment is made
by a person in custody, the Magistrate is then and there required to examine his
body and shall place on record the result of his examination and reasons
therefore. It gives them the right to bring to the Court’s notice any torture or
assault they may have been subjected to and have themselves examined by a
medical practitioner on their own request. A compensatory mechanism has also
been used by courts. When the Magistrate does not follow procedure with
respect to entertaining complaint of custodial torture, it calls for interference by
the High Court under Sec. 482 of the Code.
Another significant provision with respect to custodial torture leading to deaths is

Sec. 176 of the Code where a compulsory magisterial inquiry is to take place on
death of an accused caused in police custody. Sections 167 and 309 of the Code
have the object of bringing the accused persons before the court and so
safeguard their rights and interests as the detention is under their authorization.
Indian Police Act:
Sections 7 and 29 of the Act provide for dismissal, penalty or suspension of police
officers who are negligent in the discharge of their duties or unfit to perform the
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same. This can be seen in the light of the police officers violating various
constitutional and statutory safeguards along with guidelines given in D.K Basu v.
State of West Bengal.
Indian Penal Code (IPC), 1860:

After the controversial Mathura Rape case, an amendment was brought about in
Sec. 376 of the IPC. Sec. 376(1)(b) penalizes custodial rape committed by police
officers. This was a welcome change made to the section in question as it finally
condemns the acts of police officers who take advantage of their authority.
Sections 330, 331, 342 and 348 of the IPC have ostensibly been designed to deter
a police officer, who is empowered to arrest a person and to interrogate him
during investigation of an offence from resorting to third degree methods causing
‘torture’.
Judicial Precedents:
The Supreme Court is heralded as a beacon of rights against torture. Indeed, since
the 1990s, the Supreme Court has come up with two innovative ways of dealing
with custodial torture and custodial death cases namely, the right to compensation
for custodial death and torture and the formulation of custody jurisprudence.
The case of Sheela Barse v. State of Maharashtra has provided for guidelines on
rights of the arrested persons especially women. The court in this case also
emphasized on the need for Magistrates to inform all arrested persons of their
rights. Guidelines were also given by the Supreme Court in D.K Basu v. State of
West Bengal with respect to rights of arrested persons. The most significant one
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being the arrestee should be subjected to medical examination every 48 hours
during his detention by a doctor from the approved panel of doctors and copies of
all prescribed documents should be sent to the concerned Magistrates. Also, the
arrestee may be permitted to meet his lawyer during interrogation.
Other Authorities:
It has been recommended in the 177th Law Commission Report by the 16th Law
Commission that requisite amendments should be brought about in the Code of
Criminal Procedure making it the duty of the police officers in whose custody
there are arrested persons that they should ensure their safety and holding them
responsible for failure of the same. Thirty years hence, this amendment has still
not been incorporated. The presence of an advocate during interrogation of the
arrested person is also a recommendation that has been made. The 185th Law
Commission Report also makes recommendation regarding rights of arrested
persons with respect to the Indian Evidence Act, 1872 which are with respect to s.
27. The Malimath Committee Report has also emphasised on the need for
codification of the rights of the arrested persons.
Despite the above, the abominable figures regarding custodial torture have still
not improved. One very simple reason behind this could be that persons who are
supposed to protect people are themselves the wrongdoers. The criminal justice
system in India is supposed to use the reformist approach; however, the
approach is such that animals get better treatment.
Violence against Women and Children

Violence against women does not mean only physical violence. It is much broader
and includes sexual, emotional, psychological and financial abuse. The National
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Plan targets two main types of violence against women – domestic and family
violence, and sexual assault.
On an international level, the United Nations Declaration on the Elimination of

Violence against Women provides the following definition:
‘The term violence against women means any act of gender-based violence that
results in, or is likely to result in, physical, sexual or psychological harm or
suffering to women, including threats of such acts, coercion or arbitrary
deprivation of liberty, whether occurring in public or private life.’
The laws in each Australian state and territory have their own definitions. While
there is no single definition, the central elements of domestic violence include:
 acts of violence that occur between people who have, or have had, an
intimate relationship;
 An ongoing pattern of behavior aimed at controlling a partner through fear,

for example by using behavior which is violent and threatening. In most
cases, the violent behavior is part of a range of tactics to exercise power
and control over women and their children, and can be both criminal and
non-criminal; and
 The threatening or violent behavior can comprise of physical,
sexual, emotional, psychological and financial abuse.
Physical violence can include slaps, shoves, hits, punches, pushes, being thrown
down stairs or across the room, kicking, twisting of arms, choking, and being
burnt or stabbed.
Psychological and emotional abuse can include a range of controlling behaviors

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such as control of finances, isolation from family and friends, continual
humiliation, threats against children or being threatened with injury or death.
Financial or economic abuse includes forcibly controlling another person’s money

or other assets. It can also involve stealing cash, not allowing a victim to take part
in any financial decisions or preventing a victim from having a job.
Family violence is a broader term that refers to violence between family

members, as well as violence between intimate partners. It involves the same
sorts of behaviours as described for domestic violence. As with domestic violence,
the National Plan recognises that although only some aspects of family violence
are criminal offences, any behaviour that causes the victim to live in fear is
unacceptable. The term ‘family violence’ is the most widely used term to identify
the experiences of Aboriginal and Torres Strait Islander people, because it
includes the broad range of marital and kinship relationships in which violence
may occur.
Sexual assault or sexual violence can include rape, sexual assault with
implements, being forced to watch or engage in pornography, enforced
prostitution, and being made to have sex with friends of the perpetrator.
Research has demonstrated that violence against women often involves a
continuum of violence from psychological, economic and emotional abuse
through to physical and sexual violence.
What are the causes?
Many of the misconceptions surrounding violence again women centre on its

causes. There are a number of myths that exist, such as:
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 men can’t control their anger or sexual urges;
 alcohol causes men to be violent;
 women could leave violent partners if they wanted to; and
 Men experience equal, if not greater, levels of violence perpetrated by

their partners or former partners.
Research has shown that the significant drivers of violence against women
include:
 the unequal distribution of power and resources between men and women;
and
 An adherence to rigidly defined gender roles and identities i.e., what

it means to be masculine and feminine.
Attitudes that condone or tolerate violence are recognised as playing a central

role in shaping the way individuals, organisations and communities respond to
violence.
Terrorism & Insurgencies

Terrorism is commonly understood to refer to acts of violence that target civilians
in the pursuit of political or ideological aims. In legal terms, although the
international community has yet to adopt a comprehensive definition of
terrorism, existing declarations, resolutions and universal “sectoral” treaties
relating to specific aspects of it define certain acts and core elements. In 1994, the
General Assembly’s Declaration on Measures to Eliminate International Terrorism,
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set out in its resolution 49/60, stated 6 that terrorism includes
“Criminal acts intended or calculated to provoke a state of terror in the general
public, a group of persons or particular persons for political purposes” and that
such acts “are in any circumstances unjustifiable, whatever the considerations of
a political, philosophical, ideological, racial, ethnic, religious or other nature that
may be invoked to justify them.”
Ten years later, the Security Council, in its resolution 1566 (2004), referred to
“criminal acts, including against civilians, committed with the intent to cause
death or serious bodily injury, or taking of hostages, with the purpose to provoke
a state of terror in the general public or in a group of persons or particular
persons, intimidate a population or compel a Government or an international
organization to do or to abstain from doing any act”. Later that year, the
Secretary-General’s High-level Panel on Threats, Challenges and Change described
terrorism as any action that is “intended to cause death or serious bodily harm to
civilians or noncombatants, when the purpose of such an act, by its nature or
context, is to intimidate a population, or to compel a Government or an
International organization to do or to abstain from doing any act” and identified a
number of key elements, with further reference to the definitions contained in
the 1999 International Convention for the Suppression of the Financing of
Terrorism and Security Council resolution 1566 (2004).
The General Assembly is currently working towards the adoption of a

comprehensive convention against terrorism, which would complement the
existing sectoral anti-terrorism conventions. Its draft article 2 contains a definition
of terrorism which includes “unlawfully and intentionally” causing, attempting or
threatening to cause:
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“(a) death or serious bodily injury to any person; or
(b) serious damage to public or private property, including a place of public use, a
State or government facility, a public transportation system, an infrastructure
facility or the environment; or
(c) Damage to property, places, facilities, or systems…, resulting or likely to

result in major economic loss, when the purpose of the conduct, by its nature or
context, is to intimidate a population, or to compel a Government or an
international organization to do or abstain from doing any act.” The draft article
further defines as an offence participating as an accomplice, organizing or
directing others, or contributing to the commission of such offences by a group
of persons acting with a common purpose. While Member States have agreed on
many provisions of the draft comprehensive convention, diverging views on
whether or not national liberation movements should be excluded from its scope
of application have impeded consensus on the adoption of the full text.
Negotiations continue. Many States define terrorism in national law in ways that
draw to differing degrees on these elements.
The impact of terrorism on human rights
Terrorism aims at the very destruction of human rights, democracy and the rule
of law. It attacks the values that lie at the heart of the Charter of the United
Nations and other international instruments: respect for human rights; the rule of
law; rules governing armed conflict and the protection of civilians; tolerance
among peoples and nations; and the peaceful resolution of conflict.
Terrorism has a direct impact on the enjoyment of a number of human rights, in

particular the rights to life, liberty and physical integrity. Terrorist acts can
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destabilize Governments, undermine civil society, jeopardize peace and security,
threaten social and economic development, and may especially negatively affect
certain groups. All of these have a direct impact on the enjoyment of fundamental
human rights.
The destructive impact of terrorism on human rights and security has been
recognized at the highest level of the United Nations, notably by the Security
Council, the General Assembly, the former Commission on Human Rights and the
new Human Rights Council. Specifically, Member States have set out that
terrorism:
• Threatens the dignity and security of human beings everywhere, endangers or

takes innocent lives, creates an environment that destroys the freedom from fear
of the people, jeopardizes fundamental freedoms, and aims at the destruction of
human rights;
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• Has an adverse effect on the establishment of the rule of law, undermines
pluralistic civil society, aims at the destruction of the democratic bases of society,
and destabilizes legitimately constituted Governments;
• Has links with transnational organized crime, drug trafficking, money-

laundering and trafficking in arms, as well as illegal transfers of nuclear, chemical
and biological materials, and is linked to the consequent commission of serious
crimes such as murder, extortion, kidnapping, assault, hostage-taking and
robbery;
• Has adverse consequences for the economic and social development of States,
jeopardizes friendly relations among States, and has a pernicious impact on
relations of cooperation among States, including cooperation for development;
and
• Threatens the territorial integrity and security of States, constitutes a grave

violation of the purpose and principles of the United Nations, is a threat to
international peace and security, and must be suppressed as an essential element
for the maintenance of international peace and security.
International and regional human rights law makes clear that States have both a
right and a duty to protect individuals under their jurisdiction from terrorist
attacks. This stems from the general duty of States to protect individuals under
their jurisdiction against interference in the enjoyment of human rights. More
specifically, this duty is recognized as part of States’ obligations to ensure respect
for the right to life and the right to security.
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The right to life, which is protected under international and regional human rights
treaties, such as the International Covenant on Civil and Political Rights, has been
described as “the supreme right”8 because without its effective guarantee, all
other human rights would be without meaning.9 As such, there is an obligation on
the part of the State to protect the right to life of every person within its territory
and no derogation from this right is permitted, even in times of public emergency.
The protection of the right to life includes an obligation on States to take all
appropriate and necessary steps to safeguard the lives of those within their
jurisdiction. As part of this obligation, States must put in place effective criminal
justice and law enforcement systems, such as measures to deter the commission
of offences and investigate violations where they occur; ensure that those
suspected of criminal acts are prosecuted; provide victims with effective
remedies; and take other necessary steps to prevent a recurrence of violations.11
In addition, international and regional human rights law has recognized that, in
specific circumstances, States have a positive obligation to take preventive
operational measures to protect an individual or individuals whose life is known
or suspected to be at risk from the criminal acts of another individual, which
certainly includes terrorists. Also important to highlight is the obligation on States
to ensure the personal security of individuals under their jurisdiction where a
threat is known or suspected to exist. This, of course, includes terrorist threats. In
order to fulfill their obligations under human rights law to protect the life and
security of individuals under their jurisdiction, States have a right and a duty to
take effective counter-terrorism measures, to prevent and deter future terrorist
attacks and to prosecute those that are responsible for carrying out such acts.
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At the same time, the countering of terrorism poses grave challenges to the
Protection and promotion of human rights. As part of States’ duty to protect
individuals within their jurisdiction, all measures taken to combat terrorism must
they also comply with States’ obligations under international law, in particular
international human rights, refugee and humanitarian law.
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UNIT – 4
Implementation of Human rights in India
Human Right and NGO

Human rights as the ‘Rights relating to life, liberty, equality, and dignity of
individuals guaranteed by the constitution or embodied in international
covenants and enforceable by the courts in India’[]
The term non-governmental or, more accurately non-profit is normally used to
cover the range of organizations which go to make up civil society. Such
organizations are characterized, in general, by having as the purpose of their
existence something other than financial profit. However, this leaves a huge
multitude of reasons for existence and a wide variety of enterprises and activities.
NGOs range from small pressure groups on, for example, specific environmental
concerns or specific human rights violations, through educational charities,
women's refuges, cultural associations, religious organizations, legal foundations,
humanitarian assistance programs. The Economic and Social Council may make
suitable arrangements for consultation with non-governmental organizations
which are concerned with matters within its competence. Such arrangements
may be made with international organizations and, where appropriate, with
national organizations after consultation with the Member of the United Nations
concerned.
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NGO’s have a vital role to play in the promotion and protection of human right
specially in the developing country, has the largest number of NGO’s whose
activates are spared in different fields for the welfare of human being including
the promotion and protection of human right.
Role of NGO
“The 21st Century will be an era of NGOs.” — Kofi Annan, Former UN Secretary
General The world conference on human right was held in Vienna in Austria in
1993, with objective “to review and assess the progress made in the field of
human right”. The resolution no 38 of the declaration stated –the world
conference on human right recognizes the important role of Non Government
Organization in the promotion of all human right and in humanitarian.
NGO organization have functioned as the conscience of the national in the field of
human right by taking prompt action to investigate the instance human right by
undertaking and the spot studies and publishing the observations.
NGOs play a pivotal, role in many fields, such as in prevention of HIV/AIDS, to

educate to teach and train vulnerable groups, child care, child exploitation, child
labor, bonded labor, in sex tourism, and providing counseling in number of
matters including domestic disputes, subject relating to rights of women and
children and so on.
Among the wide variety of roles that NGOs play, the following are important
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The Social Welfare Role - where relief and charity are key actions. NGOs in this
role can be seen as initiating internal programs and projects.
The Mediatory Role - where communication as a skill is important for

development and social action. NGOs in this role can be seen as participating or
taking up external programs and projects.
The Consultative Role - where support documentation and dissemination of

information and expertise is critical. NGOs in this role can be seen as working in
collaborative programs. Local experts/professionals/resource persons play major
secondary roles.
Development and Operation of Infrastructure: Community- based organizations

and cooperatives can acquire, subdivide and develop land, construct housing,
provide infrastructure and operate and maintain infrastructure such as wells or
public toilets and solid waste collection services.
Supporting Innovation, Demonstration and Pilot Projects: NGO have the

advantage of selecting particular places for innovative projects and specify in
advance the length of time which they will be supporting the project - overcoming
some of the shortcomings that governments face in this respect.
Facilitating Communication: The significance of this role to the government is that

NGOs can communicate to the policy-making levels of government, information
about the lives, capabilities, attitudes and cultural characteristics of people at the
local level. NGOs can facilitate communication upward from people to the
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government and downward from the government to t he people.
Technical Assistance and Training: Training institutions and NGOs can develop a
technical assistance and training capacity and use this to assist both CBOs and
governments.
Research, Monitoring and Evaluation: Innovative activities need to be carefully

documented and shared - effective participatory monitoring would permit the
sharing of results with the people themselves as well as with the project staff.
Advocacy for and with the Poor

In some cases, NGOs become spokespersons or ombudsmen for the poor and
attempt to influence government policies and programs on their behalf. This may
be done through a variety of means ranging from demonstration and pilot
projects to participation in public forums and the formulation of government
policy and plans, to publicizing research results and case studies of the poor. Thus
NGOs play roles from advocates for the poor to implementers of government
programs; from agitators and critics to partners and advisors; from sponsors of
pilot projects to mediators.[]
Role of NGO at International level in protecting human right
At the international level, the status of human rights is watched by many NGOs.
Amnesty International is one such organization. This Organization is dedicated to
publicizing violation of human rights, especially freedom of speech and religion
and right of political dissent. It also works for the release of political prisoners
and, when necessary, for the relief of their families. For its commendable
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services in the field of human rights, Amnesty International was awarded the
Nobel Prize for peace in 1977.
Role of the Judiciary

Only provision for the fundamental rights does not fulfill the objective of
‘Protection of dignity of an individual’, but free enjoyment of the rights has to be
ensured. Therefore, Article 32 guarantees right to constitutional remedies, i.e.
right to move to Supreme Court to enforce fundamental rights.
It is constitutional mandate of judiciary to protect human rights of the citizens.

Supreme Court and High Courts are empowered to take action to enforce these
rights. Machinery for redress is provided under Articles 32 and 226 of the
constitution. An aggrieved person can directly approach the Supreme Court or
High Court of the concerned state for the protection of his/her fundamental
rights, redress of grievances and enjoyment of fundamental rights. In such cases
Court are empowered to issue appropriate order, directions and writs in the
nature of Habeas Corpus, Mandamus, Prohibition, Quo-Warranto and Certiorari.
Judiciary is ultimate guardian of the human rights of the people. It not only
protects the rights enumerated in Constitution but also has recognized certain
un-enumerated rights by interpreting the fundamental rights and widened their
scope. As a result people not only enjoy enumerated rights but also un-
enumerated rights as well.
Supreme Court in Maneka Gandhi v. Union of India, interpreted the right to life
and to widen its scope and deduced un-enumerated right such as “right to live
with human dignity”. Supreme Court propounded the theory of “emanation” to
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make the existence of the fundamental right meaningful and active. Thereafter,
in many cases court such as People's Union for Civil Liberties and another v.
State of Maharashtra and others, Francis Coralie Mullin v. The Administrator,
Union Territory of Delhi held that right to life includes right to live with human
dignity.
Therefore, through the judicial interpretations various rights have been
recognized though they are not specifically provided in Part III of the Constitution.
The rule of locus standi, i.e. right to move to the court, whereby only aggrieved
person can approach the court for redress of his grievances has been relaxed by
the judiciary. Now court through public interest litigation permits public spirited
persons to file a writ petition for the enforcement of rights of any other person or
a class, if they are unable to invoke the jurisdiction of the Court due to poverty or
any social and economic disability. In S.P. Gupta v. Union of India and others,
Supreme Court held that any member of the public can approach the court for
enforcing the Constitutional or legal rights of those, who cannot go to the court
because of poverty or any other disabilities. Person can even write letter to the
court for making complaints of violation of rights. Public interest litigation is an
opportunity to make basic human rights meaningful to the deprived and
vulnerable sections of the community. To assure vulnerable section social,
economic and political justice, any public spirited person through public interest
litigation can approach the court to protect their rights on behalf of aggrieved
persons who cannot approach the court themselves due to their vulnerable
conditions. Similar observations have been made by Supreme Court in various
judgments such as in Bandhua Mukti Morcha v. Union of India, Ramsharan
Autyanuprasi and another v. Union of India and Others, Narmada Bachao
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Andolan v. Union of India. Therefore, public interest litigation has become the
tool for the protection of human rights of the people in India.
The oppressed sections of the society are more prone to the violation of human
rights. Most vulnerable sections of society are children, women and socially and
educationally weaker section of society. Judiciary has taken many steps to ensure
protection of human rights of these sections.
Children are more prone to exploitation and abuse. The rights of the children are
needed to be specially protected because of their vulnerability. For this reason
United Nations Convention on the Rights of the Child was adopted in 1989. This
convention brings together children’s human rights, as children require safety and
protection for their development. Judiciary is playing a commendable role in
protecting the rights of children from time and again.
There are various instances where judiciary intervened and the rights of children.
In the case of Labourers working on Salal project v. State of Jammu and Kashmir,
Supreme Court held that child below the age of 14 years cannot be employed and
allowed to work in construction process. Court has issued various directions
related to child labour. Supreme Court in Vishal Jeet v. Union of India asked
governments to setup advisory committee to make suggestions for eradication of
child prostitution and to evolve schemes to ensure proper care and protection to
the victim girls and children. The Supreme Court further in Gaurav Jain v. Union
of India showed its concern about rehabilitation of minors involved in prostitution
and held that juvenile homes should be used for rehabilitation of them and other
neglected children.
Mumbai High Court in Public at large v. State of Maharashtra rescued children
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from flesh trade and passed order for checking sexual slavery of children and for
their rehabilitation. Children are not only prone to sexual abuse but they are also
sometimes kept as bonded labourers as was in the case of People's Union for Civil
Liberties (PUCL) v. Union of India where the Supreme Court released child
labourers and also ordered for grant of compensation to them. Concern of the
Supreme Court about the protection of rights of children does not ended here it
reiterated the importance of compulsory primary education vis-a-vis eradication
of child labour in the case of Bandhua Mukti Morcha v. Union of India.
Supreme Court in Sakshi v. Union of India highlighted the need to establish

procedure that would help the child victim to testify at ease in the court and held
that proceedings should be held in cameras. Delhi High Court in Sheba Abidi vs
State of Delhi observed that child victims are entitled to get support person
during trial and also established that child victims can testify outside the court
environment.
Women are considered weak in our society which has resulted in the
backwardness of women in every sphere. Women remains oppressed ones and
are often denied basic human rights. They are subjected to violence in society
whether it is within four walls of the house or at workplace. Despite the provision
of right to equality enshrined under Article 14 of the Constitution, they are
subjected to discrimination. Gender is considered to be the most important factor
as for as Indian labour market is concerned. Discrimination against women
laborer in terms of wage payments is a very common phenomenon in India.
Wages earned by women are generally lesser than their male counterparts.
However, Article 39 of the Constitution guarantees the principle of equal pay for
equal work for both men and women. Despite the guarantees of equal rights to
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women still they are not equally treated with men. Supreme Court has played
remarkable role in protection of their rights such as in case of Associate Banks
officers Association v. State Bank of India, Supreme Court protected the rights of
women workers and held that women workers are in no way inferior to their
male counterparts and hence there should be no discrimination on the ground of
sex against women. In State of Madhya Pradesh v. Pramod Bhartiya Supreme
Court held that under Article 39 the State shall direct its policy towards securing
equal pay for equal work for both men and women.
Article 21 i.e. protection of life and personal liberty was invoked for the dignified
life for the prostitutes by Supreme Court in case of State of Maharashtra v.
Madhukar Narayan Mandlikar held that even a woman of easy virtue is entitled
to privacy and no one can evade her privacy. In Bodhi Satwa Gautam v. Subra
Chakarborty Supreme Court has held that rape is a crime against basic human
rights. Supreme Court laid down guidelines for protection of women against
sexual harassment at work place in case of Vishaka v. State of Rajasthan and
reiterated the same in Medha Kotwal Lele v. Union of India. Guidelines for
ensuring the safe work environment for women were given and made it
mandatory for employer to take responsibility in cases of sexual harassment at
work.
Supreme Court also protected the rights of workman in BALCO Employees Union
(Regd.) v. Union of India, Consumer Edu. & Research Centre v. Union of India. In
People's Union for Democratic Rights v. Union of India the Supreme Court stated
that releasing persons from bonded labour was connected to rehabilitation
process in order to give full remedy. In Workmen v. Rohtas Industries the
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Supreme Court observed that the right to equality became instrumental in
protecting right of workers against unreasonable closures and discriminations in
payment of pensions.
Judicial system protects the rights of its citizens including prisoners. The Supreme
Court by interpreting Article 21 of the Constitution protected and preserved the
rights of the prisoners. In case Prem Shankar v. Delhi Administration Supreme
Court held that practice of using handcuff and fetters on prisoners violates the
guarantee of human dignity. A landmark judgment in D.K. Basu v. State of West
Bengal, protected the rights of the prisoners and laid down various guidelines for
arrest and detention to prevent the custodial violence and observed that right to
life include right to live with human dignity. Similarly Court in Sheela Barse vs State
of Maharashtra dealt with an issue of mistreatment of women in police station
and court laid down various guidelines for the protection of rights of women in
custodial/correctional institutions. Further in Citizens for Democracy v. State of
Assam and others, Supreme Court held that handcuffing and tying with ropes is
inhuman and in utter violation of human rights guaranteed under the international
laws and the laws of the land. Court directed that handcuffs or other fetters shall
not be forced on prisoners- convicted or under trial while lodged in jail or even
while transporting, police and jail authorities shall have no authority to direct
handcuffing of any inmate of jail or during transportation without permission from
the magistrate. While executing of arrest warrant person arrested cannot be
handcuffed without obtaining orders from magistrate.
Therefore, Judiciary is playing a crucial role in the protection of the human rights
of the people from time and again by expanding the scope of the rights and
recognizing new rights with the need of time. Judiciary has expanded the scope of
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right to life to include entitlements which are vital for the enjoyment of right to
life with dignity. Courts have protected right of the people in numerous cases
whether it is a right against violence in custody, to live in a pollution free
environment, right to health, right to adequate wages of the workers, safety of
the women at workplace, compensation to rape victim and rights of the child
laborers and so on.
55

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School of Law

RENAISSANCE UNIVERSITY, INDORE (M.P)

Concept and Development of Human Rights

What are Human Rights?

Governments have a particular responsibility to ensure that people are able to

Whether or not governments actually do this, it is generally accepted that this is

Importance of Human rights

 Human rights ensure people’s right to freedom of speech and expression.

 Human rights allow people to practice their religion.

 Human rights provide a universal standard to protect people’s rights. 

History of Human Rights in India

Gandhiji launched Non-violent struggle to emphasise self-governance and

Jyotiba Phule founded “satyashodhak samaj” to ensure equality among the

Constitution of India & Human Rights

Role of Judiciary & development of Human Rights in India

1. 1829 – The practice of Sati was formally abolished.

2. 1923 – Workmen’s Compensation Act.

3. 1926 – Trade Unions Act.

4. 1929 – Child Marriage Restraint Act.

5. 1933 – Children ( Pledging of Labor) Act.

Characteristics of Human Rights

As guaranteed by the Universal Declaration of Human Rights (UDHR), Human

Social or Civil Human Rights

Each one of us is entitled to:

a. Right to life, liberty and security

Political Human Right

To take part in political processes, each one of us is entitled to:

Economic Human Rights

Each one of us is entitled to certain economic human rights:

a. Right to social security

Cultural Human Rights

To protect different cultures, customs, and traditions, we are entitled to:

a. Right to participate in the cultural life of the community

The United Nations (UN) is an international organization founded in 1945. It is

Its activities include maintaining international peace and security, protecting

 In 1899, the International Peace Conference was held in The Hague to

o It adopted the Convention for the Pacific Settlement of

 The name "United Nations", coined by United States President Franklin D.

 United Nations Conference on International Organization (1945)

o Conference held in San Francisco (USA), was attended by

 The UN Charter of 1945 is the foundational treaty of the United

The main organs of the UN are

1. the General Assembly,

2. the Security Council,

3. the Economic and Social Council,

5. the International Court of Justice,

6. and the UN Secretariat.

All the 6 were established in 1945 when the UN was founded.

 The General Assembly is the main deliberative, policymaking and

 Each year, in September, the full UN membership meets in the General

 Decisions on important questions, such as those on peace and security,

 Decisions on other questions are by simple majority.

 The President of the General Assembly is elected each year by assembly to

 6 Main Committees: Draft resolutions can be prepared for the General

o Each Member State may be represented by one person on each

o Member States may also assign advisers, technical advisers,

o General Committee: It meets periodically throughout each session to

o Credentials Committee: It is mandated to examine the credentials of

 The Security Council is made up of fifteen member states, consisting of five

 "Veto power" refers to the power of the permanent member to veto