Unit ii human rights

Unit – IIIndian Constitutional Guarantee on Human Rights

Fundamental Rights

Fundamental Rights - Meaning

• Basic human freedoms which every Indian

citizen has the right to enjoy for a proper and

harmonious development of personality

Fundamental Rights – Part III of the Indian Constitution

Fundamental Rights – Part III of the Indian Constitution

• 'Part III - Fundamental Rights' is a ‘Charter of

Rights’

• Bill of Rights - a list of the most important

rights of the citizens of a country)

Fundamental Rights - Examples

• Equality before Law

• Freedom of Speech and Expression

• Peaceful Assembly

• Freedom to Practice Religion

• Right to Constitutional Remedies for the

Protection of Civil Rights

Violation of these rights result in punishments as prescribed in the Indian Penal Code, subject

to discretion of the judiciary.

Habeas Corpus

• it is a writ (legal action) which requires a

person under arrest to be brought before a

judge or into court.

• This ensures that a prisoner can be released

from unlawful detention

The Seven Fundamental Rights Recognized By the Indian Constitution

1) Right To Equality

1) Right To Equality

• Equality before law,

• Prohibition of discrimination on grounds of

religion, race, caste, sex or place of birth,

• Equality of opportunity in matters of employment,

• Abolition of untouchability

• Abolition of titles.

2) Right To Freedom

2) Right To Freedom

• Speech and expression

• Assembly

• Association or union or cooperatives, movement

• Residence

• Right to practice any profession or occupation

• Right to life and liberty

• Right to education

3. Right Against Exploitation

3. Right Against Exploitation

• Prohibiting all forms of forced labour,

• Child labour

• Traffic in human beings

4) Right To Freedom of Religion

4) Right To Freedom of Religion

• Free profession practice

• Propagation of religion

• Freedom to manage religious affairs

• Freedom from certain taxes

• Freedom from religious instructions in certain

educational institutes.

5) Cultural And Educational Rights

5) Cultural And Educational Rights

• Freedom to conserve their culture language or

script

• Right of minorities to establish and administer

educational institutions of their choice.

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

7) Right to education which ensures that children up to the age of 14 get education. It

can also be free of cost.

Directive principles part IV of the constitution The Directive Principles of State Policy

• Guidelines to the central and state governments of India

• To be kept in mind while framing laws and policies.

• They are not legally enforceable

Object of the Directive Principles of State Policy

• 1. Welfare State

• 2. Social Revolution

• 3. Emphasizes the ideals of Preamble

The Criminal Procedure Code, 1973

• The main legislation on procedure for administration of substantive criminal law in India.

• approved in 1973 came into force on 1 April, 1974.

• It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty.

• The Act consists of 484 sections, 2 schedules and 56 forms.

• The sections are divided into 38 chapters.

Classification of Offences under the Code

1. Cognizable and Non-cognizable Offences

• Cognizable – Those offences for which a police officer may

arrest without court mandated warrant in accordance with the first schedule of the code.

• Non-cognizable Offences – Non-cognizable cases the police officer may arrest

only after being duly authorized by a warrant.

2. Summons case and warrant case

• Summons case – A magistrate taking cognizance of an offence is to

issue summons for the attendance of the accused if the case is a summons case.

• warrant case – If the case appears to be a warrant case, he may

issue a warrant or a summons as he sees fit.

3. Bailable and Non-Bailable

• Bailable – Bailable offences are offences listed under the

First Schedule

• Non-Bailable – All other offences are non-bailable

Functionaries under the code

Magistrates and judges of the

Supreme Court and High Court

Police

Public prosecutors

Defense Counsels

Correctional services

personnel

The Protection of Civil Rights Act, 1955

What is Civil Rights?

• Any right accumulate to a person by reason

of the abolition of ‘untouchability’ by article

17 of the constitution.

Importance of this Act

• This Act prescribes punishments for enforcing religious disabilities

on the ground of untouchability

• The Central Government has been empowered for the implementation of the Act

• Example:

– preventing any person from entering any place of public worship which is

open to other persons professing the same religion or any section of the

religion.

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989

• Enacted by the parliament of India to prevent

atrocities against SC & ST people

• popularly known as ‘POA’, ‘the SC/ST Act’,

the ‘Prevention of Atrocities Act’, or simply

the ‘Atrocities Act’.

Objectives of the Act

Aims that the government to deliver

justice to SC and ST communities

Salient Features

• Divided into three different categories Provisions of criminal law - establishes criminal liability

for defined atrocities

Provisions for relief and compensation

Provisions that establish special authorities for the

implementation and monitoring of the act

International Covenant on Civil and Political Rights (ICCPR)

• It is a multilateral treaty adopted by the

United Nations General Assembly on

December 16, 1966, and in force from March

23, 1976.

It commits its parties to respect the civil

and political rights of individuals

The ICCPR is part of the International Bill of Human

Rights, along with the International Covenant on

Economic, Social and Cultural Rights (ICESCR) and the Universal

Declaration of Human Rights (UDHR).