A Complete Guide To Human Rights Law

Although India is the world's largest sovereign, secular, and democratic republic, human rights in India are complicated by its large size, large population, poverty, lack of proper education, and cultural diversity. The Constitution of India provides for fundamental rights, including freedom of religion. The clause also provides:

  • Freedom of speech.
  • Separation of administration and justice.
  • Freedom of movement at home and abroad.

Human rights are based on equality, dignity, and mutual respect, irrespective of nationality, religion, or belief. Your rights involve treating others fairly and the ability to choose your own life.

About Human Right Law

What Is A Human Right Law?

 

 

From birth to death, human rights are the fundamental rights and freedoms of everyone in the world. They apply no matter where you come from, what you believe in, or how you choose to live. Although they are sometimes restricted, they must never be taken away-for example, if someone violates the law or is out of national security considerations. These fundamental rights are based on dignity, equality, fairness, independence, and respect. These values are legally defined and protected.

What Are The 30 Human Rights In India?

Appendix 5: The Universal Declaration of Human Rights (abbreviated)

Article 1

Right to Equality

Article 2

Freedom from Discrimination

Article 3

Right to Life, Liberty, Personal Security

Article 4

Freedom from Slavery

Article 5

Freedom from Torture and Degrading Treatment

Article 6

Right to Recognition as a Person before the Law

Article 7

Right to Equality before the Law

Article 8

Right to Remedy by Competent Tribunal

Article 9

Freedom from Arbitrary Arrest and Exile

Article 10

Right to Fair Public Hearing

Article 11

Right to be Considered Innocent until Proven Guilty

Article 12

Freedom from Interference with Privacy, Family, Home and Correspondence

Article 13

Right to Free Movement in and out of the Country

Article 14

Right to Asylum in other Countries from Persecution

Article 15

Right to a Nationality and the Freedom to Change It

Article 16

Right to Marriage and Family

Article 17

Right to Own Property

Article 18

Freedom of Belief and Religion

Article 19

Freedom of Opinion and Information

Article 20

Right of Peaceful Assembly and Association

Article 21

Right to Participate in Government and in Free Elections

Article 22

Right to Social Security

Article 23

Right to Desirable Work and to Join Trade Unions

Article 24

Right to Rest and Leisure

Article 25

Right to Adequate Living Standard

Article 26

Right to Education

Article 27

Right to Participate in the Cultural Life of Community

Article 28

Right to a Social Order that Articulates this Document

Article 29

Community Duties Essential to Free and Full Development

Article 30

Freedom from State or Personal Interference in the above Rights

What Are The Human Rights Issues In India?

India 2019

  • Jammu and Kashmir.

In August, the government revoked Jammu and Kashmir's unique status (J&K) guaranteed by Article 370 of India's Constitution and divided the state into two union territories. Before and after this, there were regional suppression of civil liberties, increased militarization, interruption of communications, and the detention of prominent political leaders such as Farooq Abdullah, Omar Abdullah, and Mehbooba Mufti.

  • Discrimination. 

Assam authorities issued the National Register of Citizens in August, in which nearly 2 million people were excluded, leaving them stateless. The only available remedy for those excluded from being stateless is through the Foreigners Tribunals, a quasi-judicial body. In many cases, litigation is arbitrary, and decision-making is biased and discriminatory, especially against women who were less likely to access identity documents to prove their status.

  • Repressive Laws.

 Many repressive changes have been made to the law, such as the Citizenship Act, the Unlawful Activities (Prevention) Act (UAPA), the Transgender (Protection of Rights) Act, and the Right to Information (RTI) Act, etc.

  • Freedom of Expression. 

Human rights defenders face enormous challenges in carrying out their activities, including arbitrary arrests, detentions, and prosecutions as a means of silence. Nine leading human rights activists arrested in 2018 under the Illegal Activities (Prevention) Act were arbitrarily detained for "launching a war against the country."

  • Indigenous Peoples' rights.

On February 13, the Supreme Court ordered all forest residents' expulsion in India based on a petition from wildlife groups because states refused to retain their right to reside on traditional land under the Forest Rights Act. 

  • Women's rights.

 Women continue to suffer from sexual and domestic violence, including their husbands and other relatives, and sexual harassment in the workplace, while perpetrators continue to be impunity.

  • Communal and ethnic violence.

Racial hate crimes against Muslims and other religious groups, including Dalits and Adivasi (indigenous tribal peoples), and caste and gender-based crimes have occurred throughout the country.

Vigilante groups and mobs carried out many. Violent attacks included mob "lynching."

What Are The Classifications Of Human Rights?

 

 

Human rights can be classified and organized differently; the most common human rights classification has divided them into civil and political rights and economic, social, and cultural rights at the international level. Articles 3 to 21 of the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) contain civil and political rights.

Economic, social, and cultural rights are contained in Articles 22 to 28 of the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR).

What Are The Features Of Human Rights?

Characteristics of human rights

  • Human rights are inalienable. This means that you cannot lose them because they are linked to the very fact of human existence; they are inherent to all human beings. 
  • Human rights are indivisible, interdependent, and interrelated.
  • Human rights are universal.

Why Is Human Rights Important?

Human rights are the basic rights of all of us, simply because we are human beings. They embody critical values ​​in our society, such as fairness, dignity, equality, and respect. They are an indispensable means to protect all of us, especially those who may face abuse, neglect, and isolation. Most importantly, these rights empower us and enable us to speak out and challenge public authorities' poor treatment.

How Many Human Rights Are There In India?

six fundamental rights

There are six fundamental rights in India. They are Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.

How Can I Become A Human Rights Lawyer In India?

Eligibility To Become Human Rights Lawyer

A human rights lawyer is highly educated and experienced. It requires immense knowledge and practical foresight to defend against violations of human rights. Mentioned ahead are the minimum eligibility requirements that an aspirant needs to become a successful human rights lawyer.

  • The candidates need to earn a law degree from an accredited and recognized law university/school and pass a state bar exam.
  • Candidates can also go for specialization in human rights to get more profound knowledge of the subject. It also provides them with better insight into the violations of human rights.
  • For becoming a human rights lawyer, some severe legal experience is required. Aspirants are required to start practicing by interning or working under a human rights lawyer. It helps them in gaining experience.
  • Candidates can also choose to volunteer for an organization that specializes in human rights for the sake of acquiring knowledge and experience.

What Can I Do With A Human Rights Law Degree?

Potential Careers:

  • Corporate governance officer.
  • Foreign affairs adviser.
  • Solicitor.
  • Barrister.
  • Policy developer.
  • Researcher.
  • Government and public sector consultant.
  • International development consultant.

Is Human Rights Law A Good Career?

If you're passionate about a career in human rights, it's a question you'll have to grapple with sooner or later. Human rights work can be gratifying – but it can also be highly demanding and an extremely challenging and competitive field to enter.

What Are The Basic Human Rights?

Universal human rights also obscure freedom of opinion, speech, thought, and religion.

  • All human beings are free and equal. 
  • No discrimination.
  • Right to life. 
  • No slavery. 
  • No torture and inhuman treatment. 
  • Same right to use law. 
  • Equal before the law.
  • Right to the treated fairly by the court.
  • No unfair detainment.
  • Right to trial.
  • Innocent until proven guilty.
  • Right to privacy.
  • Freedom to movement and residence.
  • Right to asylum.
  • Right to nationality.
  •  Rights to marry and have a family.
  •  Right to own things.
  • Freedom of thought and religion.
  •  Freedom of opinion and expression.
  • Right to assemble.
  • Right to democracy.
  • Right to social security.
  • Right to work.
  • Right to rest and holiday.
  • Right of social service.
  • Right to education.
  • Freedom around the world.
  • Right of cultural and art.

What Does It Mean To Be A Lawyer For Human Rights?

 

 

 

"Human rights lawyer" refers to any lawyer who provides legal counsel to victims of human rights violations, regardless of the membership of their professional association. These lawyers professionally defend human rights. Their functions should be protected because the right to legal aid is an essential principle for the right to a fair trial.

To guarantee the right to a fair trial, the government must avoid interfering with lawyers' right to represent and work on the issues of their choice. They must ensure that human rights lawyers have the same access rights and the possibility of confidential communication with clients as any other lawyer.

Who Is A Famous Lawyer In India?

 

 

 

 

Ram Boolchand Jethmalani

Ram Jethmalani is one of the most famous lawyers

Ram Boolchand Jethmalani is one of the most famous and oldest Indian lawyers. Notably, the 95-year-old is also among the youngest lawyers as he secured LLB at 17 from Mumbai's prestigious Government Law College. In 2017, he retired from the legal profession. He was also a member of the BJP who later joined RJD. He's a former Union Minister and currently represents Bihar in Rajya Sabha.

What Kind Of Lawyer Makes The Most Money?

Here Are The 5 Types Of Lawyers That Make The Most Money

  1. Medical Lawyers – $150,881 annually.
  2. IP Attorneys – $140,972 annually. 
  3. Trial Attorneys – $101,086. 
  4. Tax Attorneys – $99,690 annually. 
  5. Corporate Lawyer – $98,822 annually

What Is A Human Rights Advocate?

Human rights advocates have a responsibility to ensure fair and equal treatment of all citizens. These advocates may focus on specific groups of people, such as people with mental health problems or people receiving Medicaid services. Various organizations, such as health care institutions or larger international organizations such as the United Nations, need human rights advocates. The job responsibilities of this profession will vary depending on the organization and population it serves. General job responsibilities may include:

  • Working with clients to obtain necessary services.
  • Developing educational literature and conducting training sessions within their community.
  • Collaborating with government and social services agencies to ensure equal access to services.

Human rights advocates can conduct social research to assess needs better and assist in developing appropriate plans. These advocates can also provide training for junior staff. Human rights advocates can serve as consultants to government agencies.

 

Who Is The Best Lawyer In India 2020?

Here is the list of the top 10 highest paid lawyers in India, according to Legally India.

  • K.K. Venugopal
  • Gopal Subramaniam
  • P.Chidambaram

Fali Nariman

  • Harish Salve
  • Abhishek Manu Singhvi
  • C. Aryama Sundaram
  • Salman Khurshid
  • K.T. S. Tulsi. 

What's The Distinction Between A Lawyer And An Advocate?

A Lawyer?

The term "lawyer" is often used to refer to a wide range of legal professionals. However, generally speaking, a lawyer refers to anyone who has received legal training. Anyone who has gone to law school and obtained a bachelor's degree in law is a lawyer. This means that you cannot represent a client in court without any other qualifications or professional appointments if you are just a lawyer. Your legal training qualifies you to act as a legal counsel or policy counselor or provide legal advice. 

An Advocate?

An advocate is a professional lawyer representing the client in the court. Unlike an attorney, an advocate does not deal directly with the client – instead, when the case calls for it, the attorney refers the client to an advocate.

What Are The Six Freedoms?

The Right to Freedom guarantees to the citizens of India six Fundamental Freedoms:

  1. Freedom of Speech and Expression.
  2. Freedom of Assembly.
  3. Freedom to form associations.
  4. Freedom of Movement.
  5. Freedom to reside and to settle.
  6. Freedom of the profession, occupation, trade, or business.

What Human Rights Are Being Violated In India?

The most critical human rights issues include abuse by the police and security forces, such as extrajudicial killings, disappearances, torture, arbitrary arrests and detentions, rapes, harsh and life-threatening prison conditions long-term pretrial detention. Widespread corruption; reports on political prisoners in certain states; continued censorship and harassment of the media outlets, including some criticizing the government. The government's foreign investment restrictions on specific non-governmental organizations (NGOs), including those with views the government stated, were not in the "national interest," thereby curtailing these NGOs' work.

What Are The Powers Of NHRC?

Functions and powers of the National Human Rights Commission 

  • The National Human Rights Commission investigates complaints about violations of human rights either suo moto or after receiving a petition.
  • It has the right to intervene in any judicial process involving allegations of human rights violations.
  • It can visit any prison or any other institution under the state government's control to view the inmates living conditions and make recommendations. 
  • It can review the Constitution's safeguards or any law protecting human rights and propose appropriate remedies.
  • The National Human Rights Commission is responsible for and promoting research in the field of human rights.
  •  National Human Rights Commission works to spread human rights literacy among various sections of society and promotes awareness of the safeguards available to protect these rights through publications, media, seminars, and other means.
  • The Commission takes an independent stand and provides opinions on protecting human rights within the Constitution's vocabulary or in law for the time being enforced.
  • It has the authority of a civil court and can grant temporary relief.
  • It also has the right to recommend compensation or damages.
  • The credibility of the NHRC is fully reflected in the large number of complaints received each year, and citizens also have trust in this.
  • It can recommend both the central and state governments take appropriate steps to prevent human rights violations. It submits its annual report to India's President, who causes it to be laid before each House of Parliament.

Protection Of Human Rights

How Can We Protect Human Rights In India?

  1. 10-point Agenda To Improve Human Rights In India

  2. Protecting people's rights to freedom of expression and privacy.
  3. Curbing discrimination and violence based on gender, gender identity, or sexual orientation.
  4. Ensuring justice for Dalits, Adivasis, and religious minorities who have faced rights abuses.
  5. Ending the use of arbitrary detention and reducing excessive undertrial detention
  6. Strengthening human rights institutions and protecting human rights defenders
  7. Improving the functioning of the criminal justice system and ending the use of the death penalty
  8. Protecting the rights of migrant workers, asylum seekers, and refugees
  9. Holding armed forces accountable for human rights abuses
  10. Protecting the rights of communities affected by public and private corporate-led projects
  11. Building a culture of respect for human rights in India and around the world

What Is The Human Rights Protection Act?

India Code: Protection of Human Rights Act, 1993. Long Title: An Act to provide for the Constitution of a National Human Rights Commission, State Human Rights Commissions in States, and Human Rights Courts to better protect human rights and for matters connected in addition to that or incidental thereto.

Who Is Responsible For Protecting Human Rights?

The United Nations High Commissioner for Human Rights promotes and protects human rights within the United Nations system. The office supports the human rights departments of peacekeeping missions in many countries and has many national and regional offices and centers. The High Commissioner for Human Rights regularly reviews the human rights situation worldwide and has the power to investigate the situation and issue reports on the situation.

How Does The Government Protect Rights?

However, the government does protect some of our rights from others. For example, it protects our lives and property rights. It does this by setting and enforcing laws. For example, the government has enacted laws to make it illegal to steal funds from us by force or defraud us by fraud. The police tried to enforce these laws, thereby preventing people from trying to do so. In this way, the government protects our rights from those who violate them.

How Can Human Rights Violations Be Prevented?

15 Ways To Check Your Rights From Violations

  1. Know your rights.
  2. Never give a bribe.
  3. Insist on your rights. 
  4. Educate the violator. 
  5. Be ready to commit your time. 
  6. Never let go when you are violated. 
  7. Expose the culprit and publish your encounter. 
  8. Challenge your violation in court.
  9. Take pictures, video, or voice recording to back up your claims.
  10.  Protect the right of others.
  11.  Never violate others.
  12. Speak politely and softly, not forcefully with rude words.
  13. Be correct and stay upright.
  14. Follow up till the end.
  15. Educate everyone around you.

History Of Human Rights

Who Is The Founder Of Human Rights In India?

 

 

Mahatma Gandhi

The need to feel the importance of human rights has been felt in the pre-independence era where humans fought for their rights with the national freedom movement launched by Mahatma Gandhi. In Independent India, efforts have been made to define human rights education in the 1950's & 1960's informal school settings. But as time passes, the human rights perspectives have dominated the formulation of educational policies, which is supported and recommended by significant commissions and policy documents like the University education commission (RadhaKrishnan Commission 1949). Secondary Education Commission (Mudaliar Commission 1952) Education Commission ( Kothari Commission, 1964-1966), National Policies on Education (1968,1986), The Ramamurthy Committee (1992), The Chavan Committee (1999), Programme of Action (1992), etc

In India, What Is The Universal Declaration Of Human Rights?

The UDHR was drafted by the Commission on Human Rights – created by the Economic and Social Council of the United Nations in May 1946 – and was adopted by the UNGA in December 1948.

Written and oral contributions were made towards the formation of the UDHR on various themes such as:

  1. Women's rights (India insisted on the word 'men' be replaced with 'human beings');
  2. Non-discrimination (India added the words 'color' and 'political opinion' as criteria for non-discrimination);
  3. Freedom of movement (India added the article calling for freedom of movement within a country);
  4. The right to work (India added the principle of 'just and favorable conditions of work');
  5. Secularism, multiculturalism, cosmopolitanism, indivisibility, and the universality of all human rights.

What Was The First Human Right?

Then, in 539 BC, Cyrus the Great, after conquering Babylon's city, did something unexpected—he freed all slaves to return home. Moreover, he declared people should choose their religion. The Cyrus Cylinder, a clay tablet containing his statements, is the first human rights declaration in history. The idea of human rights spread quickly to India, Greece, and eventually Rome.

References & Citation

 

https://en.wikipedia.org/wiki/Human_rights

https://nlla-india.webs.com/

https://www.indialawyers.org/

https://www.nla.org/

https://www.uianet.org/en