...Inalienability: Human rights are universal and inalienable. All people everywhere in the world are entitled to them. The universality of human rights is encompassed in the words of Article 1 of the Universal Declaration of Human Rights: “All human beings are born free and equal in dignity and rights.” Everyone is born with and possesses the same rights, regardless of where they live, their gender or race, or their religious, cultural or ethnic background. Inalienable: because people’s rights can never be taken away except in specific situations and according to due process. For example, the right to liberty may be restricted if a person is found guilty of a crime by a court of law. Indivisibility: Human rights are indivisible. Whether they relate to civil, cultural, economic, political or social issues, human rights are inherent to the dignity of every human person. Consequently, all human rights have equal status, and cannot be positioned in a hierarchical order. Denial of one right invariably impedes enjoyment of other rights. Thus, the right of everyone to an adequate standard of living cannot be compromised at the expense of other rights, such as the right to health or the right to education. First-generation human rights, often called "blue" rights, deal essentially with liberty and participation in political life. They are fundamentally civil and political in nature: They serve negatively to protect the individual from excesses of the state. First-generation rights include...
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...Human Rights “The Essence of Constitutional Governance“ “Problems can be solved by the same level of thinking that created them.” Introduction * Human: (noun) A member of the Homo sapiens species; a man, woman or child; a person. * Rights: (noun) Things to which you are entitled or allowed; freedoms that are guaranteed. * Human Rights: (noun) The rights you have simply because you are human. * Human rights are commonly understood as "inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being.” Human rights are thus conceived as universal (applicable everywhere) and egalitarian (the same for everyone). These rights may exist as natural rights or as legal rights, in both national and international law. The doctrine of human rights in international practice, within international law, global and regional institutions, in the policies of states and in the activities of non-governmental organizations, has been a cornerstone of public policy around the world. * Every person has dignity and value. One of the ways that we recognize this fundamental worth is by acknowledging and respecting a person’s human rights. * Human rights are concerned with equality and fairness. They recognize our freedom to make choices about our life and develop our potential as human beings. They are about living free from fear...
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... PAGE NO * Issue No. 1- Whether right to sleep should be included as a part of, protection of life under Article 21............................................................ 4 1. Article 21 of the Indian constitution guarantees the people, the fundamental right –Protection of life and liberty................................. 4 2. Torture is unconstitutional and violates human rights....................... 5 3. Limitations to right to sleep.............................................................. 5 * Prayer............................................................................................ 7 INDEX OF AUTHORITIES 1. Ramlila Maidan Incident, In re, (2012 ) 5 SCC 1 2. Farhd K. Wadia v. Union of India, (2009) 2 SCC 442 3. Batra v. Delhi Administration (1978 (4) SCC 494) 4. Nandini Satpati v. P.L Dani (AIR 1978 SC 1025) Issue No. 1- Whether right to sleep should be included as a part of, protection of life under Article 21 Article 21 of the Indian constitution guarantees the people, the fundamental right –Protection of life and liberty which states that : No person shall be deprived of his life or personal liberty except according to procedure established by law. Article 21 speaks about right to life and sleep is an essential necessity of life, (as per Chauhan...
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...PUNJAB, PATIALA CUSTODIAL TORTURE: VIOLATION OF HUMAN RIGHTS SUPERVISED BY: SUBMITTED BY: Ms. Sangeeta Taak Rajiv Gandhi National University of Law Patiala (Punjab) PROJECT SUBMITTED IN THE PARTIAL FULFILMENT OF REQUIREMENTS OF THE SUBJECT OF CRIMINAL LAW FOR EIGHTH SEMESTER, B.A.LL.B (HONS.) COURSE SURBHI MEHTA Assistant Professor of Law (Roll No. 581) TABLE OF CONTENTS CHAPTER 1: INTRODUCTION 1 1.1. Objectives 2 1.2. Research Methodology 2 1.3. Hypothesis 2 1.4. Definitions 3 1.4.1. Police 3 1.4.2. Torture 4 CHAPTER 2: HISTORICAL BACKGROUND 6 CHAPTER 3: CUSTODIAL TORTURE AND RELATED DIMENSIONS 10 3.1. Categories 10 3.1.1. Physical torture 10 3.1.2. Custodial Death 12 3.1.3. Custodial Rape 13 3.2. Causes 14 3.2.1. Structural 14 3.2.2. Other Causes 15 3.3. Consequences 16 3.3.1. Physical Consequences 16 3.3.2. Psychological Consequences 16 3.3.3. Economic Consequences 16 3.3.4. Social Consequences 16 CHAPTER 4: LEGISLATIVE PROVISIONS 17 4.1. The Constitution of India, 1950 17 4.2. The Criminal Procedure Code, 1973 18 4.3. Indian Evidence Act, 1872 19 4.4. Protection of Human Rights Act, 1993 20 4.4.1. The National Human Rights Commission 20 CHAPTER 5: JUDICIAL PRONOUNCEMENTS 22 5.1. Monetary Compensation and Judicial Response 25 5.2. Judgements Awarding Compensation 27 5.3. Judgments Awarding Punishment 28 CHAPTER 6: INTERNATIONAL PROTECTION AGAINST TORTURE 29 6.1. Major...
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...English 205 New Analysis According to article “Human Trafficking will not end until it ends in India” by Fox News explains how Indian women are the poorest of the poor and are excluded from society. They have limited education or access to justice and have been taught for generations that they are worthless, less than human. They have no idea they have rights. Dalit women are pressured to India’s human trafficking because they have no political voice, no protection by law enforcement, and no access to the courts. Human trafficking is the third largest profitable industry in the world. India is the epicenter of human sex trafficking. The latest figures estimate that over 1.2 million children are trafficked worldwide every year and child prostitution contains the highest trafficked children. Trafficking is one of the hardest crimes to track and investigate due to the lack of data. India is the most dangerous country for women today, according to the UN. “By bringing an end to human trafficking in the number one source and destination for human trafficking victims in the world, we can end trafficking around the globe.” (Fox News) The challenge still remains of how to end this worldwide issue. History/Background According to article “Cross-Border Trafficking in Nepal and India-Violating Women’s Rights” human trafficking is both a human rights violation and the fastest growing criminal industry in the world. Human trafficking is the third largest organized crime after drugs...
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... ( In Pennekamp V. Florida ) ABSTRACT In rapidly changing socio-economic condition of a country like India, the media plays a vital role in moulding the whole viewpoint of society hence it is often quoted that media is the fourth pillar of Indian democracy. Violation of human right has many dimensions and one of such dimensions finds in the trial by media. In India trial by media has assumed significant proportions. There are many cases in India where media showed its importance by continuously highlighting it, such as Priyadarshnimatto case, Nitishkatra murder case, Bijaljoshi rape case, Aarushitalwar case, Jessica case etc. Media has now reincarnated itself into a “public court” (jantaadalat). It use to watch out injustice, which has conducted the trial of an accused and passed the own verdict even before the pronouncement of judgment by the court. By this way, it prejudice the public and sometime even judges and as a result it violates the basic principle of criminal jurisprudence i.e.; ‘’presumption of innocence until proven guilty and guilty beyond reasonable doubt’’. This paper focuses on the rights of accused such as his right to fair trial, right to privacy and right to dignity, which are a violation of basic human rights guaranteed not only under Indian constitution, but also by many international organizations. Media trial along with revolutionary sting operations is an appreciable effort...
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...RESEARCH PAPER “Freedom from Arbitrary Detention is a Fundamental Human Right” WHAT IS DETENTION? Detention is the process when a state, government or citizen lawfully holds a person by removing their freedom of liberty at that time. This can be due to (pending) criminal charges being raised against the individual as part of a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention centre), either for interrogation, or as punishment for a crime (prison) The term can also be used in reference to the holding of property, for the same reasons. The process of detainment may or may not have been preceded or followed with an arrest. The prisoners in Guantánamo Bay are for example referred to as "detainees". Detainee is a term used by certain governments and their military to refer to individuals held in custody, such as those it does not classify and treat as either prisoners of war or suspects in criminal cases. It is used to refer to "any person captured or otherwise detained by an armed force."[1] More generally, it is "someone held in custody."[2] Article 9 of the Universal Declaration of Human Rights states that, "No one shall be subjected to arbitrary arrest, detention or exile." In wars between nations, detainees are referenced in the Fourth Geneva Convention. ------------------------------------------------- Indefinite Detention: -------------------------------------------------...
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...India has one of the world's largest populations of pre-trial detainees with 249,796 people in overcrowded and unsanitary prisons. While in police custody, these Indian citizens are often subjected to beatings, sleep deprivation, and shock treatments - all in violation of their fundamental constitutional rights. Subjected to inhuman and degrading treatment, they are an example of human rights abuses on a colossal scale. Four people die in police or judicial custody every day from these abuses. Many of these deaths could be avoided if cases were swiftly resolved. However, each year more cases are filed in Indian courts than can ever be disposed of, creating a huge bottleneck in the criminal justice system. There are currently 26,752,193 pending cases in Indian courts and in some jurisdictions case loads are so high that it would take a thousand years to clear court dockets. Because of this backlog, detainees who cannot make bail are sometimes kept in pretrial detention longer than the maximum sentence they would have received if convicted. In one case, a man was held in pretrial detention for 54 years even though the maximum sentence for his crime was only 10 years. During these periods of pre-trial detention, arrestees are at the greatest risk of human rights abuses as victims have reported that the longer the period of detention, the more intense the violence against them becomes. These abuses are made worse and worse by the continuing deterioration of the Indian Police, one...
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...detention leads to severe human rights violation such as violation of right to life. Traces of detention can be found in all legal systems existing in the world which is evident by reflection of detention in numerous international and regional treaties. For example Convention Relating to the Status of Refugees (1951) and...
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...Speech: Human Rights Violations in India One third of the world’s child brides originate from India; whose journalists are continuously shut down for revealing their political opinions. India’s culture has been having arranged underage marriage for many centuries, “Child marriage, which has existed for centuries, is a complex issue, rooted deeply in gender inequality, tradition and poverty” according to an article published by UNICEF. In an article published by the Library of Congress Jeanine Cali writes, during the 19th century, Britain placed a sedition law in its colonies of India; today, that law is being used to deny Indian citizens their freedom of speech and opinion. In India, underage and forced marriage and the freedom of expression of opinion are ongoing human rights abuses; they violate articles 16 and 19 of the Universal Declaration of Human Rights, also known as UDHR. Currently, in India, children of young ages are being forced into illegal marriages which all violate Article 16 of the UDHR. “Because the wedding was illegal and a secret, except to the invited guests, and because marriage rites in Rajasthan are often conducted late at night, it was well into the afternoon before the three girl brides in this dry farm settlement in the north of India began to prepare themselves for their sacred vows” (Gorney). Gorney explains that the three weddings were to occur during the night as all of the marriages were illegal under Indian marriage laws. Although underage,...
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...CRIMINALIZATION OF HOMOSEXUALITY: A GRAVE VIOLATION OF HUMAN RIGHTS -****** ******* With the guidance of Professor ****** ****** Post-graduate Diploma in Human Rights Department of Civics and Politics University of ******i 2013-2014 Declaration The work I have submitted is my own effort. I certify that all materials in the Dissertation which is not my own work, has been identified and acknowledged. This project has been submitted for the partial fulfillment of the requirements for the award of the degree of the post-graduate diploma in Human Rights. The results embodied in this thesis have not been submitted to any other University or Institute for the award of any degree or diploma. Signature of Guide Signature of Student Date: 26/04/2014 Acknowledgement First and foremost, I would like to thank my supervisor Professor ******* ****** for his guidance when I was writing this dissertation. Secondly, I would like to extend my gratitude to all my classmates in the Human Rights Diploma programme for helping me in many ways. Lastly, I would like to thank ******** ********, ******* ******** and ****** ****** for their emotional support. Content Declaration 02 Acknowledgement 03 Content 04 Introduction 05 Homosexuality in India 1 Section 377 20 Discrimination faced by LGBT 30 Conclusion 46 Bibliography 51 Articles 54 1. INTRODUCTION Across the...
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...Ajmal Kasab's hanging has given a sense of justice and relief for many Indians for his role in Mumbai 26/11 Terror Attacks, but the other masterminds of Mumbai terror attacks are still at large in Pakistan, be it ISI and other Terror organizations. I strongly opine that homicide in return for homicide is barbaric as it resembles eye for an eye and tooth for tooth justice of medieval times and uncivilized. France and Germany have completely done away with death penalty and reported lesser crime rates. Many studys' conducted in US and some other countries where death penalty is still in force have proved that, it doesn';t have a deterrent effect on crime rate and more than death penalty, it's rigorous imprisonment for life that has more deterrent effect than death penalty. Incarceration for life proved to be more effective in preventing repetition of the same or other crimes by the same convicts than that of death penalty. In countries, where death penalty has been abolished less crime rates have been reported. Apart from incarceration for life, solitary confinement and shaming the person through social boycott etc are other options. For crimes of rape and acid attacks also, incarceration for life and the above two suggested alternatives could be considered as viable alternatives to death penalty in addition to confiscating the entire property of the criminal and paying it as compensation to...
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...Multidisciplinary and Academic Research (SSIJMAR) Vol. 1, No. 4, November-December (ISSN 2278 – 5973) VIOLATION OF WOMEN HUMAN RIGHTS IN INDIA RITU DHANOA* * ASTT. PROFESSOR,G.G.S.C.W. SECTOR – 26, CHANDIGARH, MOBILE – 9872431166, dhanoaritu@gmail.com 1 www.ssijmar.in VIOLATION OF WOMEN HUMAN RIGHTS IN INDIA ABSTRACT: Human rights are those minimum rights which are compulsorily obtainable by every individual as he/she is a member of human family. The constitution of India also guarantees the equality of rights of men and women. However, in the sphere of women’s human rights in India, there exists a wide gulf between theory and practice. Indian society is a male dominated society where men are always assumed to be superior to society. The women in India very often have to face discrimination, injustice and dishonour. Though women in India have been given more rights as compared to men, even then the condition of women in India is miserable. The paper will throw light on the human rights of women in India and that how all the fundamental rights given to the women are being violated in India, by focussing on the various crimes done against them. The constitution of India has granted equal rights to the men and women. According to article 14 – „The State shall not deny to any person equality before law or the equal protection of laws within the territory of India‟. And Article 15 states – „State shall not discriminate against any citizen on grounds only of religion...
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...some of their basic rights, like the right to vote, the Constitution of India gave women equal rights with men from the beginning. Unfortunately, women in this country are mostly unaware of their rights because of illiteracy and the oppressive tradition. Names like Kalpana Chawla: The Indian born, who fought her way up into NASA and was the first women in space, and Indira Gandhi: The Iron Woman of India was the Prime Minister of the Nation, Beauty Queens like Aishwarya Rai and Susmita Sen, and Mother Teresa are not representative of the condition of Indian women. Over 32000 murders, 19,000 rapes, 7500 dowry deaths and 36500 molestation cases are the violent crimes reported in India in 2006 against women. There are many instances of crime especially against women go unreported in India. These are figures released by the National Crime Records Bureau recently. While Madhya Pradesh is worst off among the states, the national capital New Delhi continues to hold on to its reputation of being the most unsafe city in India. Delhi takes the top slot for crimes ranging from murders and rapes to dowry deaths and abductions. It reflects country's law and order situation when its capital is a cauldron of crime. Instead of leading the way in tackling crime, Delhi only seems to do worse year after year. For instance while the national crime rate declined negligibly by .02 % in 2006; Delhi's rate grew to 357.2more than double the national average of 167.7. Women in India There is no doubt...
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...of Kashmir. India claims the entire erstwhile princely state of Jammu and Kashmirbased on an instrument of accession signed in 1947. Pakistanclaims all areas of the erstwhile state except for those claimed by China. China claims the Shaksam Valley and Aksai Chin. |[show] | |v | | | |d | | | |e | |Indo-Pakistani wars and conflicts | | | The Kashmir conflict (Hindi: कश्मीर विवाद, Urdu: مسئلہ کشمیر) is a territorial disputebetween India and Pakistan over the Kashmir region, the northwesternmost region ofSouth Asia. India claims the entire state of Jammu and Kashmir and as of 2010, administers approximately 43% of the region, including most of Jammu, the Kashmir Valley,Ladakh, and the Siachen Glacier. India's claims are contested by Pakistan, which controls approximately 37% of Kashmir, namely Azad Kashmir and the northern areas of Gilgit and Baltistan. India has officially stated that it believes that Kashmir is an integral part of India, though the Prime Minister of India, Manmohan...
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