Chanderprabhu Jain College of Higher Studies

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School of Law
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E-Notes

Class : B.A.LL.B & BBA LL.B VII SEM

Paper Code : LL.B 407

Subject : Human Rights

Faculty Name : Ms. Anjali Gaur

Unit –III
NATIONAL HUMAN RIGHTS LAW
A. CONSTITUIONAL PROVISIONS
B. Fundamental Rights
C. Directive Principles of State Policy

National Human Rights Law: Constitutional Provisions

India‟s National Human Rights Law framework is significantly based on the rights
enshrined in the Indian Constitution, particularly in Part III (Fundamental Rights) and Part
IV (Directive Principles of State Policy). These constitutional provisions aim to protect and
promote human rights, ensuring equality, freedom, and dignity for all citizens.

1. Fundamental Rights (Part III)

These rights are enforceable in a court of law and are key to safeguarding human rights.
Article 14: Right to Equality

Ensures equality before the law and equal protection of laws for all individuals within the
territory of India.

Prohibits discrimination by the state on arbitrary grounds, reinforcing the principle of rule
of law.

Article 15: Prohibition of Discrimination

Prohibits discrimination by the state on grounds of religion, race, caste, sex, or place of
birth.

Provides for special provisions for women, children, and socially and educationally
backward classes, including Scheduled Castes (SCs) and Scheduled Tribes (STs).

Article 16: Equality of Opportunity in Public Employment

Ensures that no citizen is denied employment under the state on the grounds of religion,
race, caste, sex, descent, place of birth, or residence.

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Permits the state to make reservations for backward classes, SCs, and STs to promote
equality.

Article 19: Right to Freedom

Provides six freedoms, including:
Freedom of speech and expression
Freedom to assemble peacefully
Freedom to form associations or unions
Freedom to move freely throughout the territory of India
Freedom to reside and settle in any part of India
Freedom to practice any profession or carry out any trade, business, or occupation

These freedoms are subject to reasonable restrictions for security, public order, and
morality.

Article 21: Right to Life and Personal Liberty

A broad provision that guarantees the protection of life and personal liberty, stating that no
one can be deprived of these except according to the procedure established by law.

The Supreme Court has expanded its interpretation to include rights like the right to
privacy, right to a dignified life, right to health, and right to a pollution-free environment.

Article 21A: Right to Education

Provides free and compulsory education for all children aged 6 to 14 years as a
fundamental right.

Article 22: Protection Against Arrest and Detention

Safeguards individuals against arbitrary arrest and detention.

Provides rights for preventive detention but limits detention periods and requires judicial
scrutiny.

Article 23: Prohibition of Human Trafficking and Forced Labour

Prohibits human trafficking, begar (forced labour without payment), and other forms of
forced labour. Permits the state to impose compulsory service for public purposes (e.g.,
military service).

Article 24: Prohibition of Child Labour

Prohibits the employment of children below the age of 14 in factories, mines, or any other
hazardous employment.

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Article 25-28: Right to Freedom of Religion

Guarantees the freedom to profess, practice, and propagate religion, subject to public order,
morality, and health. Protects the rights of religious denominations to manage their own
affairs, subject to certain restrictions.

Article 32: Right to Constitutional Remedies

Provides individuals with the right to approach the Supreme Court or High Courts to
enforce their fundamental rights.

Acts as a guardian of fundamental rights and enables the issuance of writs (e.g., habeas
corpus, mandamus, certiorari, prohibition, and quo warranto) for their protection.

2. Directive Principles of State Policy (Part IV)

Though non-justiciable, the Directive Principles guide the state in formulating policies to
establish a just society where human rights can flourish.

Article 38: Directs the state to secure a social order in which justice—social, economic,
and political—shall inform all institutions of national life.

Article 39: Mandates the state to ensure that citizens have the right to an adequate means of
livelihood, equal pay for equal work, and protection of children from exploitation.

Article 41: Calls for securing the right to work, education, and public assistance in cases of
unemployment, old age, sickness, and disability.

Article 42: Directs the state to make provisions for just and humane conditions of work and
maternity relief.
Article 46: Promotes the educational and economic interests of SCs, STs, and other weaker
sections of society.

Article 47: Directs the state to raise the level of nutrition, standard of living, and improve
public health.

3. Other Constitutional Provisions

Article 51A (Fundamental Duties): Lists duties that emphasize respect for human rights,
including promoting harmony, renouncing practices derogatory to the dignity of women,
and valuing and preserving the rich heritage of India‟s composite culture.

Article 335: Recognizes the claims of SCs and STs to appointments to services, consistent
with the maintenance of efficiency in the administration.

4. National Human Rights Institutions

National Human Rights Commission (NHRC): Established under the Protection of Human
Rights Act, 1993, to investigate human rights violations, monitor policies, and provide
recommendations for improving human rights protections.

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An ISO 9001:2015 Certified Quality Institute
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State Human Rights Commissions (SHRCs): Work at the state level to address regional
human rights concerns.

These constitutional provisions form the bedrock of India‟s commitment to human rights,
and the judiciary, particularly the Supreme Court and High Courts, play a crucial role in
ensuring that these rights are upheld and extended through progressive interpretations.

CASE LAWS:
In the case of Kharak Singh v. State of Uttar Pradesh, the Supreme Court quoted and
held that: By the term ―life‖ as here used something more is meant than mere animal
existence. The inhibition against its deprivation extends to all those limbs and faculties by
which life is enjoyed. The provision equally prohibits the mutilation of the body by
amputation of an armour leg or the pulling out of an eye, or the destruction of any other
organ of the body through which the soul communicates with the outer world.

In Sunil Batra v. Delhi Administration, the Supreme Court reiterated with the approval
the above observations and held that the ―right to life‖ included the right to lead a healthy
life so as to enjoy all faculties of the human body in their prime conditions. It would even
include the right to protection of a person„s tradition, culture, heritage and all that gives
meaning to a man„s life. It includes the right to live in peace, to sleep in peace and the right
to repose and health.

1. The Protection of Human Rights Act, 1993

The Protection of Human Rights Act, 1993 was enacted by the Indian Parliament to
establish the National Human Rights Commission (NHRC), State Human Rights
Commissions (SHRCs), and Human Rights Courts for better protection of human rights.
Human Rights Defined:

Under the Act, “Human Rights” means the rights relating to life, liberty, equality, and
dignity of the individual guaranteed by the Constitution or embodied in international
covenants and enforceable by Indian courts.

NHRC: Composition, Powers, and Functions

 Composition:
The NHRC consists of:
A Chairperson, who has been a Chief Justice of India.
One member who is, or has been, a Judge of the Supreme Court.
One member who is, or has been, the Chief Justice of a High Court.

Two members, having knowledge of, or practical experience in, matters relating to human
rights.

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The Chairpersons of the National Commissions (e.g., NCW, NCM, SC/ST Commission,
etc.) serve as ex officio members.

 Powers:
The NHRC has quasi-judicial powers, including:

SuoMotu Cognizance: The NHRC can take up any issue of human rights violations on its
own, without a formal complaint.

Investigative Powers: It can investigate human rights violations through its team or direct
any government agency to do so.

Judicial Proceedings: The Commission has the power of a civil court and can summon
witnesses, call for documents, and take evidence on affidavits.
Recommendations: It can recommend actions against public servants for human rights
violations.
Human Rights Education: The Commission promotes human rights literacy and awareness.

 Functions:
The NHRC’s core functions are:

 Inquiring into Complaints: The NHRC inquires into complaints of human rights
violations by government officials or negligence in preventing violations.

 Monitoring: It monitors treaties and international conventions on human rights.

 Review of Laws: The NHRC reviews existing laws and suggests amendments for
better human rights protection.

 Research and Awareness: Promoting human rights awareness through workshops

and training programs.

Relevant Case Laws:

Paramvir Singh Saini v. Baljit Singh & Others (2020): The Supreme Court directed that
every police station in the country should have CCTV cameras to prevent custodial torture,
an area closely monitored by the NHRC.

NHRC v. State of Arunachal Pradesh (1996): In this case, NHRC intervened to protect the
rights of Chakma refugees, urging the government to protect the minority group from
displacement.

2. Role of State Human Rights Commissions (SHRC)

The State Human Rights Commissions operate at the state level with similar functions to
the NHRC but focus on state-specific issues. SHRCs investigate violations within their
jurisdiction, except for matters that the NHRC is already considering.

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 Chanderprabhu Jain College of Higher Studies
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School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi, Approved by AICTE & Bar Council of India)

 Functions:
Inquiry into human rights violations within the state.

Monitor the implementation of human rights standards.

Recommend compensation or rehabilitation for victims.

Relevant Case Laws:

SHRC in Custodial Death Case, Kerala (2017): Kerala SHRC took action against the
police officers involved in a custodial death, showcasing the powers of SHRC in state-level
inquiries.

3. National Commission for Women (NCW)

The National Commission for Women (NCW) is a statutory body established under the
NCW Act, 1990, to protect and promote women‟s rights in India.

Functions:

 Review of Laws: It reviews constitutional and legal safeguards for women.

 Investigating Complaints: NCW investigates complaints of violation of women’s

rights.

 Legal Assistance: It provides legal assistance to women in need.

 Advisory Role: Advises the government on policy issues concerning women.

Relevant Case Laws:
Vishakha v. State of Rajasthan (1997): This landmark judgment, based on a public interest
litigation (PIL), led to guidelines for preventing sexual harassment at workplaces. The
NCW played an important role in supporting women‟s organizations that filed the PIL.

4. National Commission for Minorities (NCM)

The National Commission for Minorities (NCM) is established to protect the interests
of religious and linguistic minorities in India.
Functions:
Monitor Safeguards: It ensures that constitutional safeguards for minorities are properly
implemented.
Handling Complaints: NCM addresses complaints of discrimination or human rights
violations against minorities.
Advisory: It advises the government on policies affecting minorities.

Campus: Plot No. OCF, Sector A-8, Narela, Delhi-110040

Ph: 011-35044787 Website: www.cpj.edu.in. E-mail: [email protected]
 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi, Approved by AICTE & Bar Council of India)

Relevant Case Laws:

BalPatil v. Union of India (2005): This case dealt with the rights of the Jain community to
be recognized as a religious minority. The NCM played a significant role in this
recognition process.

5. National Commission for SC/ST

The National Commission for Scheduled Castes (SC) and Scheduled Tribes (ST) is
tasked with safeguarding the rights of SC/ST communities.
Functions:
Monitoring Atrocities: It monitors cases of atrocities against SC/STs under the SC/ST
(Prevention of Atrocities) Act.
Advisory Role: It advises the government on policies related to SC/ST communities.

Relevant Case Laws:

SubhashKashinath Mahajan v. State of Maharashtra (2018): This case highlighted issues
related to the misuse of the SC/ST Act and the necessity for balancing rights with
procedural safeguards.

6. Role of Civil Societies in Human Rights

Civil societies, non-governmental organizations (NGOs), and activists play a vital role in
human rights advocacy. They work at the grassroots level to ensure the implementation of
human rights laws and policies.

Functions:

 Advocacy and Lobbying: Civil societies advocate for legal reforms and better
implementation of human rights protections.

 Litigation: NGOs often file PILs in courts to address human rights violations (e.g.,
PUCL‟s role in prison reform cases).

 Awareness: NGOs raise public awareness about human rights violations through
campaigns, seminars, and media.

Relevant Case Laws:

People's Union for Democratic Rights v. Union of India (1982): This case, filed by a civil
society organization, brought attention to the plight of workers in Asiad Games
construction sites, leading to stronger labor rights enforcement.

7. Role of Media in Human Rights

Media plays a pivotal role in exposing human rights violations, educating the public, and
pressurizing governments to act.

Campus: Plot No. OCF, Sector A-8, Narela, Delhi-110040

Ph: 011-35044787 Website: www.cpj.edu.in. E-mail: [email protected]
 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi, Approved by AICTE & Bar Council of India)

Functions:

 Investigation and Reporting: Investigative journalism brings hidden human rights

violations to the forefront.

 Public Awareness: Media campaigns increase public awareness of human rights

issues.

 Holding Authorities Accountable: By reporting abuses, the media holds public

authorities accountable.

Relevant Case Laws:

Tehelka Expose (2001): Investigative journalism by Tehelka exposed defense procurement
scandals, highlighting the role of media in revealing corruption and human rights
violations.

Conclusion
The Human Rights Act of 1993 and various commissions (NHRC, SHRCs, NCW, NCM,
SC/ST Commission) are crucial institutions for safeguarding human rights in India. Along
with these statutory bodies, civil society organizations and the media serve as important
watchdogs, ensuring transparency and accountability in protecting human rights. Through
various landmark cases, these bodies and organizations have significantly influenced the
interpretation and enforcement of human rights laws in India.

Sd/-
Ms. Anjali Gaur

Campus: Plot No. OCF, Sector A-8, Narela, Delhi-110040

Ph: 011-35044787 Website: www.cpj.edu.in. E-mail: [email protected]