‡ M







     
 



‡ M
 


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‡ ³THE RIGHTS WHICH ARE
PROVIDED TO PEOPLE AS A
HUMAN BEING WITHOUT
DISTINCTION OR THE BASIS
OF NATIONALITY, GENDER,
RELIGION, CAST
OCCUPATION, SOCIAL STATUS
AND ECONOMIC STATUS ETC.
CALLED HUMAN RIGHTS´
 THE DEFINITION OF HUMAN
RIGHTS GIVEN IN THE PROTECTION
OF HUMAN RIGHTS ACT 1993 STATES
THAT :-
³ HUMAN RIGHTS´ MEANS THE
RIGHTS RELATING TO LIFE, LIBERTY,
EQUALITY AND DIGNITY OF THE
INDIVIDUAL GUARANTEED BY THE
CONSTITUTION OR EMBODIED IN THE
INTERNATIONAL CONVENANTS AND
ENFORCEABLE BY COURTS OF INDIA
‡ The concept of Human Rights Drives
from human dignity.
‡ Whatever adds to human dignity and
the fundamental freedom of humans is
a human Right´
‡ Human Rights are what each human
being is entitled to as human being to
live a dignified, secure life of his/ her
choice
‡ Human Rights are entitlements due
to every man, woman and child
because they are Human.
 Development of the concept of
Human Rights :-
‡ Magna Carta- 1215 ± some rights were
release to the people by king of U.K
‡ The Term Human Rights came in the
united states declaration of independence
1776. who U.S constitution embodied a bill
of rights.
 Human Rights in Twentieth
century :-
‡ First world war and human rights need.
‡ 1929 Institute of international law adopted a
Declaration of International Rights of man.
Which were accepted by many constitution like
France, united states its article Says.
‡ ´ it is the duty of every state to recognize the
equal right at every Individual to life liberty, and
property, and to accord to all within its territory to
full and entire protection of these rights without
distinction as to nationality, sex, race or
language or religion.
 UNITED NATION AND HUMAN
RIGHTS :-
‡ United nation came in to existence in 1945
after world war II
‡ Association of states which have pledged
themselves to maintain International
peace and security
‡ The purpose of creating U.N was to save
succeeding generations from the scourge
of war.
 UNIVERSAL DECLARATION OF
HUMAN RIGHTS :
‡ To promote respect for human rights task given to
economic and social council (ECOSOC)
‡ First meeting in Feb¶ 1946.
‡ Made of commission on human Rights.
‡ To submit a report on an International bill of Rights.
‡ Commission headed by Mrs, Eleanar Rooseveelt
widow of the late American president.
‡ Out of seven members one was Indian Mrs
Hansa Mehta. Active member of Indian
National Congress.
‡ 10 December1948 Universal declaration of
human rights
‡ The declaration contains thirty articles first
two articles asserts that
± All human being are born free and equal in
dignity and rights
‡ Every one is entitled to all the
rights and freedoms setforth in the
declaration, without distinction of
any kind, such as race, colour,
sex language, religion, political or
other opinion national are social
origin property, birth or other
status.
‡ The rights are broadly divided in to two
kinds of rights
‡ First refers to civil and political rights
include
‡ Rights such as rights to life liberty, security
of person.
‡ Equality before law and equal protection of
law
‡ Freedom from torture and slavery
‡ Political participation
‡ Rights to property
‡ Marriage
‡ Fundamental freedoms of opinion
expression thoughts, religion
‡ Freedom of movement, association
assembly.
 Second is economic, social
cultural rights which relates to
‡ Work
‡ Right to leisure and rest
‡ Right to social security
‡ Right to just and favorable conditions of
work
‡ Education & freedom of cultural life.
INTERNATIONAL COVENANTS :-
( A FORMAL AGREEMENT )
‡ The necessity of giving a legal status
of this rights international bill of
Human tights were adopted by the
general assembly on 16/12/1966.
 THESE CONSISTS OF TWO
COVENANTS
‡ The international covenants of economic,
social and cultural rights.
‡ The International covenants of civil and
political rights.
‡ The covenants expects the participating
states to implements the tights contained
in them in good faith.
‡ The states to submit periodic reports to
± The secretary general of the united nations
± The general assembly
± The economic and social council and its
commission on human Rights
‡ These reports present the extent of
implementation of the rights contained in the
covenant and the problems ,difficulties faced
by the reporting states in ensuring
implementation of Rights.
‡ Since the adoption of UDHR and two
International covenants the united nation
have drafted and adopted several other
treaties also important among those are
 ± International convention on the elimination of all
forms of social discrimination
± Convention on elimination of all forms of
discrimination against women
± Convention on the rights of Childs
± Convention against torture and other cruel in
human or degrading treatment or punishments
India has signed all there treaties and bound to
implement.

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‡ At the level of
± United nations and international bodies
± Regional arrangements
± National institutions
± Non governmental organizations
± International and national )
   &'
‡ Maid body united nations & principal
charter bodies are
± Security council
± General Assembly
± Commissions on Human Rights
± Commission on the status of women
± Commission on crime prevention and criminal
justice
‡ The security council ( china France
Russian federation, UK and United states )
and other 10 members elected in council
assembly
‡ The council can authorize intervention by.
The international community in any state
for the protection of human rights if it feels
that they were being violated in a serious
manner.
 
 
 
‡ Regional arrangements are inter
government agencies
‡ National Institution :-
± One can be court of law
± Second specifically created for promotion of
human rights & investigation complaints
‡ India: we have supreme court and
high courts which hear cases with
regards to specific rights provided
by the constitution
‡ second national human Right
commission:
±Constituted in October 1993
National human rights commission
‡ Appointed by the president on the
recommendation of the committee :-
‡ prime minister - chair person
‡ Minister in-charge of ministry of human affairs
in the Govt. of India- member
‡ Speaker of house of people - member
‡ Leader of apposition in the house of the
people± member
‡ Leader of opposition in the council of states.-
member
‡ Deputy chairman of the council of states.
 Consisting Human Right
commission :-
‡ Chair person : chief Justice of
supreme court
‡ Four other members
 NON- GOVERNMENTAL
ORGANIZATION
‡ International NGOs
± Amnesty International
± Human Right Watch
± Common wealth Human Rights Initiative.
  

‡ People union for Civil Liberties.
‡ People Union for Democratic Rights
‡ Andhra Pradesh Union for Civil Liberties.
HOW CAN NGOS BE BENEFICIAL
TO THE POLICE
‡ Forming a public opinion on issue of concern
‡ Acting as a medium through which people can
reach out to the police.
‡ Providing human rights expertise to the
government and the police for training
‡ Investigating individual human rights abuses and
violations.
‡ Fostering human rights education
‡ Suggesting reforms
V
    

  
()*+
   


Art.-14. ,-!./01#$0
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The state shall not deny to any
person equality before the law or the
equal protection of the laws within the
territory of India.
 ‡Art.-15.(1) $# /!##1
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 Art.-17. /#-!##1
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³ Untouchability´ is abolished and

its practice in any form is forbidden.
The enforcement of any disability
arising out of ³Untouchability´ shall
be an offence punishable in
accordance with law.
 Art.-18. /#-!##1!!-0"
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 Art.-19. $#!04!##140$!
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e.g. All citizens shall have the right-
a) to freedom of speech and expression;
b) to assemble peaceably and without arms;
c) to form associations or unions;
d) to move freely throughout the territory India;
e) to reside and settle in any part of the territory
of India; to practice any profession, or to carry
on any occupation, trade or business.
 Art.-20. $#!04!#$0"604!#1
4#=4!#1#$#11040"
1.No person shall be convicted of any
offence except for violation of a law in
force nor be a subject to a penalty greater
than that which might have been inflicted
under the law
2.No person shall be prosecuted and
punished for the same offence more than
once.
3.No person accused of an offence shall be
compelled to be a witness against himself.
 Art.-21. $#!04!##1-103
60$"#--/0$!.
No person shall be deprived of his life or
personal liberty except according to procedure
established by law.
1. Pre-trial release on personal bond should be
allowed where the person to be release on
bail is indigent & there is no risk of his
absconding .
2. Torture some is unconstitutional .
3. Imprisonment of a person is
unconstitutional after that person is
declared insane.
4. Inordinate delay be the state in bringing an
accused to trial.
5. An accused person is entitled to be offered
legal aid.
6. Hand-cuffing is permitted only in
extraordinary circumstances.
7. An under-trial prisoner kept in jail for a
period exceeding the maximum prison term
awardable on conviction must be released
Art.-21 A.  !!#34!#
Art.-22. $#!04!#"!$$0"!
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‡ No person who is arrested shall be
detained in custody without being informed
nor shall he be denied the right to consult,
by legal practitioner of his choice.
‡ Every person who is arrested and
detained in custody shall be produced
before the nearest Mag. With in a period of
24 hrs.
 Art.-23. $# /!##1
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‡ No child below the age of 14 years shall
been employed.
‡
 Art.-25. $003##1
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 Art.-26. $003#!#
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‡ To establish and maintain institutions for
religious and charitable purposes.
‡ To manage its own affairs in matters of
religion.
‡ To own and acquire movable and
immovable property
‡ To administer such property in accordance
with the law.
 Art.-27. $003#"!#6.0!#1
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‡ No person shall be compelled to pay any
taxes for any particular religion or religious
denomination.
Art.-28. $003#"!#
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 Art.-29. $#!04!##1
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‡ Any section of the citizens having a
distinct language, script or culture of its
own shall have the right to conserve the
same
‡ No citizen shall be denied admission into
any educational inst. On the ground of
religion, race cast & language
 Art.-30.  !!##$!0"!#
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‡ All minorities shall have the right to

establish and administer educational
institutional of their choice.
à

 
 Art.-32. 0030"1#$
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‡ The right to go even to the highest court for
enforcement of above mentioned rights
Art.-33. #20$#1$-0!!#
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‡ For the maintenance of law and order
restriction can be made by the state.
 Art.-34. 0"!$4!##$ !"
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 Art.-35. 0"-!#!#
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The commission shall perform any of
the following functions :-
a) Inquire on petition by a victim,
i) Violation or abetment of HR,
ii) Negligence in prevention of
violation by public servant.
b) Intervene in proceedings of HR
violations being pending in a
court with its approval.
   
&
c) Visit any state with prior
information, where persons
are detained or lodged for
treatment, re-affirmation etc.
d) Review safeguards for protection
of HR and recommend measures
for their implementation.
e) Review acts of terrorism inhibit
enjoyment of HR
   
&
f) Study treaties of HR and
recommend
g) Undertake and promote research
in field of HR.
h) Spread HR literacy in society.
i) Encourage efforts of NG0s in
field of HR.
j) Such other functions, as it may
consider necessary to promote
  !6#20$" =0
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1. Commission will have powers of
a Civil Court in particular on
following matters: -
(a) Summoning and enforcing the
attendance of witnesses and
examining them on oath.
(b) Discovery and production of any
document.
 Powers relating to inquiries«
(c) Receiving evidence on affidavits.
(d) Requisitioning any public record
or copy from any office.
(e) Issuing summons for examining
any witness.
(f) Any other matter which may be
prescribed.
 Powers relating to inquiries«
2. Power to subject any person to
furnish information useful &
relevant to inquiry, legally bound
U/S 176,177 IPC.
3. Authorise any officer (GO) enter
any place/building to search and
seize any document or take
extract of which is relevant to
enquiry US 100 of Cr,P,C.
 Powers relating to inquiries«
4. When any offence committed U/S
178, 128, 179, 180 and 228 of the IPC,
the commission may after recording the
facts and statements of accused as per
CrPC forward the case to Magistrate
having jurisdiction to proceed as per
Section 346 of CrPC.
5. Every proceeding of commission
shall be deemed to be judicial
proceeding with-in meaning of Section
193, 228 of IPC.
#0"
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‡ Yes, the NHRC has its own
investigation team headed by an
officer of the rank of DG.
The Commission may, for the
purpose of conducting any
investigation pertaining to the
inquiry, utilise the services of any
officer or investigation agency of
the CG or any SG with the
concurrence of the concerned, as
the case may be.

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‡ The Commission while inquiring into
complaints of violations of human
rights may call for information or
report from the Central Government
or any State Government or any
other authority or organization
subordinate thereto within such time
as may be specified by it; provided
that if the information or report is not
received within the time stipulated by
the Commission, it may proceed to
inquire into the complaint on its own;
on the other hand, if, on receipt of
information or report, the
Commission is satisfied either that
no further inquiry is required or that
the required action has been
initiated or taken by the concerned
Government or authority, it may not
proceed with the complaint and
inform the complainant accordingly.
 !"!06"$0#60
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‡ 0#""#.!:0.#1
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1) Where the inquiry discloses the
commission of violation of human right or
negligence in the prevention of violation
of human rights by a public servant, it
may recommend to the concerned
Government or authority the initiation of
proceedings for prosecution or such
other action as the Commission may
deem fit against the concerned person or
persons;
2) Approach the Supreme Court or
the High Court concerned for such
directions, orders or writs as that
Court may deem necessary;
3) Recommend to the concerned
Government or authority for the
grant of such immediate interim
relief to the victim or the members
of his family as the Commission
may consider necessary.
  !:3#1
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‡ Ordinarily, complaints of the
following nature are not
entertained by the Commission:
a) In regard to events which
happened more than one year
before the making of the
complaints;
b) With regard to matters which are
sub-judice;
c) Which are vague, anonymous or
pseudonymous;
d) Which are of frivolous nature;
e) Which pertain to service matters.
  !"! 0
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‡ The authority / State Government /
Central Government has to indicate
its comments / action taken on the
report / recommendations of the
Commission within a period of one
month in respect of general
complaints and within three months
in respect of complaints relating to
armed forces
 ! "/00
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‡ Inquiring into complaints is one of
the major activities of the
Commission.
However, the Commission also
actively seeks out issues in human
rights which are of significance
when brought to its notice by the
civil society, the media, concerned
citizens, or expert advisers. Its
focus to strengthen the extension
of human rights to all sections of
society, in particular, the vulnerable
groups.
‡ The Commission's purview covers
the entire range of civil and
political, as well as economic,
social and cultural rights. Areas
facing terrorism and insurgency,
custodial death, rape and torture,
reform of the police, prisons, and
other institutions such as mental
hospitals and shelters for women
have been given special attention.
‡ The Commission has urged the
provision of primary health facilities
to ensure maternal and child
welfare essential to a life with
dignity, basic needs such as
drinking water, food and nutrition,
and highlighted fundamental
questions of equality and justice to
the less privileged, namely the
Scheduled Castes and Scheduled
Tribes .
  !6$#403$0"
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‡ The Commission may on its own
motion or on the basis of petitions
made to it on allegations of human
rights violations by armed forces,
seek a report from the Central
Government. On receipt of the
report, it may either not proceed
with the complaint or, as the case
may be, make its
recommendations to the
Government.
According to the Act, the Central
Government shall inform the
Commission of the action taken on
the recommendations within three
months or such further time as the
Commission may allow. It is further
stipulated that the Commission shall
publish its report together with its
recommendations made to the
Central Government and the action
taken by that Government on such
recommendations. A copy of the
report so published will also be given
to the petitioner.