NIOS Political Science (317) Notes| Chapter-25 Human Rights

NIOS Political Science (317) Notes| Chapter-25 Human Rights. Important questions for NIOS Political Science 317 Questions Answers brings you latest queries and solutions with accordance to the most recent pointers SOS . Students will clear all their doubts with regard to every chapter by active these necessary chapter queries and elaborate explanations that area unit provided by our specialists so as to assist you higher. These queries can facilitate students prepare well for the exams thanks to time constraint . NIOS Political Science (317) Notes| Chapter-25 Human Rights

HS 2nd years Solutions (English Medium)

NIOS Political Science (317) Notes| Chapter-25 Human Rights

Intext Questions & Answers

 1. Tick ( ) the correct answer: 

(a) Human Rights are inherent in human existence, (True/False)

 Ans. : True

 (b) Classical Rights include civil and political rights. (True/ False)

 Ans. : True 

(c) The promotion and protection of human rights is limited to national boundaries.(True/False)

 Ans.: False

 2. Fill in the blanks:

 (a) Human rights are ____________ (universal, local).

Ans.: universal 

(b) Human rights are necessarily____________ (static, dynamic, closed) 

Ans. : dynamic

 (c) Human Rights encompass the ____________principles of humanity. (oldest,mediaeval, fundamental)

 Ans. fundamental

 2. Tick ( ) the correct answer: 

(a) The Universal Declaration of Human Rights was adopted in 1949. (True/False) 

Ans. : False 

(b) Atrocities of Second World War mark the start of the current era of human rights. (True/False) 

Ans : True 

(c) Human Rights like Fundamental Rights are enforceable. (True/False) 

Ans. :False

 3. Fill in the blanks:

 (a) Human Rights have now become _____________ local national universal) 

Ans.: Universal

 (b) The world leaders gathered in_____________for the World Conference on Human Rights (Vienna, Geneva, New York)

 Ans. : Vienna 

(c) The rights of the 18th and 19th centuries be termed as_____________ rights (individual, social, classic) 

 Ans.: Classic 

Terminal, Exercises

 1. How can we classify human rights? 

Ans.: There have been a number of ways of classifying human rights. Some of the categories are given below:

 (i) Classical 

These have been defined to include civil and political rights and generally restrict thepowers of the state in respect of actions affecting the individual.

 (ii) Fundamental and Basic Rights

 With the recent increase in the number of human rights, a concern has arisen that some rights will become watered down. Consequently, the term fundamental rights tends to be used to indicate more importance of certain rights. Some rights are so important that they must always be given precedence in national and international policy. They include all the rights pertaining to individual dignity as well as to their material needs. 

(iii) Collective and Individual Rights 

In general, most human rights relate to the individual. It will, however, become apparent that some of them can be exercised by groups. This is especially so when the ability to exercise rights is linked to membership of a particular group.

 (iv) First, Second and Third Generation Rights 

only be Clearly, this classification follows the historical development of rights. First are the civil and political rights and second are the social, economic and cultural ones. In recent years, academics have started to talk about the existence of a third generation of rights which are solidarity rights, for example the right to peace, the right to development, the right to food and to a clean environment. Human rights are necessarily dynamic.

SL. No.Chapters Link
1Meaning and Scope of Political ScienceClick Here
2Nation and StateClick Here
3Distinction Between Society, Nation, State and GovernmentClick Here
4Major Political TheoriesClick Here
5Preamble and The Salient Features of The Constitution of IndiaClick Here
6Fundamental RightsClick Here
7Directive Principles of State Policy and Fundamental DutiesClick Here
8Indian Federal SystemClick Here
9Emergency ProvisionsClick Here
10Union ExecutiveClick Here
11Parliament of IndiaClick Here
12Supreme Court of IndiaClick Here
13Executive in the StatesClick Here
14State LegislatureClick Here
15High Courts and Subordinate CourtsClick Here
16Local Government: Urban and RuralClick Here
17Universal adult franchise and the methods of representationClick Here
18Electoral System in IndiaClick Here
19National Political PartiesClick Here
20Regionalism and Regional PartiesClick Here
21Public Opinion and Pressure GroupsClick Here
22Communalism, Caste and ReservationsClick Here
23Environmental AwarenessClick Here
24Good GovernanceClick Here
25Human RightsClick Here
26India’s Foreign PolicyClick Here
27India’s Relations with USA and RussiaClick Here
28India and its Neighbors : China, Pakistan And Sri LankaClick Here
29Contemporary World OrderClick Here
30The United NationsClick Here
31United Nations’ Peace ActivitiesClick Here
32United Nations and Economic and Social DevelopmentClick Here
33Public Service CommissionsClick Here
34Administrative Machinery at the Centre, States and District LevelsClick Here
35Political Executive and BureaucracyClick Here
36Public Grievances and Redressal MachineryClick Here

 2. What are the six basic features of human rights?

 Ans. We can identify at least six features which are basic to the concept of human rights.

  1.  People have rights simply because they are human All people have the right to lead a dignified and human life, and work towards achieving this for all people. These rights cannot be denied on the basis of caste, colour, religion and gender. 
  2. Human rights are universal They take no account of nation, race, sex or colour. People of all nations, colour, race, religion have the same rights everywhere. The developed and developing countries in all continents of the world must guarantee the same rights to all their citizens.
  3. Human rights treat all people as equal This follows the idea that “all human beings are born free and equal in rights and dignity” and therefore deserve the same opportunities and treatment, whilst simultaneously respecting their different cultures and traditions, political persuasion, sexuality, social origin, status etc. Governments must therefore work to create the same opportunities for all the people in the country and this may involve extra work to make those opportunities s the same for certain sections in society e.g. women, children, and the disabled.
  4. These rights belong primarily to individuals This means that they are concerned with the relationship between an individual and the state. Consequently, it is for the government to create a society where each individual can enjoy and freely exercise his or her rights to the full. 
  5. Human rights encompass the fundamental principles of humanity These rights are considered to be basic for the development of human personality and for the sake of human dignity. Examples of such rights are the right to life, freedom from slavery and freedom from torture.
  6. The promotion and protection of human rights is not limited to national boundaries but rather stipulates certain ideals that apply the world over Human rights hold nations accountable for meeting the conditions which satisfy the promotion, protection and respect for these rights.

 3. Discuss the significance of human rights in the Constitution of India. 

Ans. The Constitution of India duly recognizes the importance of human rights and guarantees certain Fundamental Rights in Part-III which include the right of equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights and the right to constitutional remedies. Article 32 gives the right to constitutional remedy in the form of original jurisdiction of the Supreme Court of India for the enforcement of these Fundamental Rights. This is the protection of individuals against invasion of their human rights. Part-IV of the Indian Constitution contains Directive Principles of State Policy which are the principles fundamental in governance, to be observed by the State in the formulation of its policies. These include the duty of the State to secure a social order for the promotion of the welfare of the people, social justice, right to work, to education and social security, provision for just and humane conditions of work, promotion of interests of the weaker sections, duty to raise the level of nutrition and the standards of living and to improve public health, protection and improvement of environment, ecology and wildlife etc. 

In addition, the Fundamental Duties of every citizen covering a wide range to strengthen the guarantee of Fundamental Rights are in Article 51A (Part IVA of the Constitution). In addition to Article 32 empowering the Supreme Court to enforce the Fundamental Rights, the High Court is empowered by Article 226 for the same purpose to exercise its powers. The primary duty of the higher judiciary to protect and enforce human rights is the constitutional mandate. Rule of law is a basic feature of our Constitution, as is judicial review. 

The role of the Supreme Court of India is commendable in expanding human rights and it has found Article 21 of the Constitution as the most fruitful article. In several cases the Indian Supreme Court has said that compensation is to be given for violation of rights under the article, such as, right to human dignity, right to healthy environment, right to social security, right to protection of childhood etc. 

The impact of the 1948 Universal Declaration of Human Rights on the drafting (Parts III and IV) of the Indian Constitution is felt throughout. India has acceded to the Universal Declaration of Human Rights as well as to both the Covenants with certain reservations.

 4. Write short notes on:

 (a) Universalisation of Human Rights 

Ans.: Incorporation of a Bill of Rights in some early national charters and constitutions in Europe indicates that the concept is not of recent origin. 

Early European charters supporting the idea of certain fundamental freedoms were the Magna Carta of 1215, the Union of Utrecht in 1579 (Netherlands), and the British Bill of Rights In 1689.

 These charters specified certain freedoms that one could claim If one held a particular status and were not all-encompassing, but rather conferred upon an individual. Over the next few centuries, the idea of liberty gradually separated from status and was viewed as a right pertaining to all human beings. This was also the time when the British colonies in North America strove for independence and drew up their own Declaration of Independence in 1776, based on the idea of universal equality, and the existence of certain inalienable rights. These documents were eventually incorporated into the American Bill of Rights which is a part of the U.S. Constitution. The international growth of the concept can be demonstrated by the French Declaration of the Rights of Man in 1789.

 The rights of the 18th and 19th centuries can be termed as ‘classic’ rights, relating to the freedom of the individual and were incorporated in many national constitutions. Today, governments provide new categories of rights in the fields of employment, education, health and welfare. These are termed as social rights. Social rights were first embodied in international regulations, for example, the International Labour Organisation (ILO) was founded in 1919 and was the originator of various labour regulations. 

(b) Role of the National Human Rights Commission in India. 

Ans.: The Protection of Human Rights Act, 1993 was enacted in India to provide for the constitution of a National Human Rights Commission, State Human Rights Commissions in States for better protection of human rights and for matters connected therewith or incidental thereto. ‘Human rights are defined in Section 2(1)(d) of the Act to mean the rights relating to life liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts inIndia. The functions of the Commission are enumerated in Section 12 which include a wide area to enable the Commission not only to enquire into the violations or negligence in prevention of violation of human rights but also to promote the human rights culture and perform any function necessary for the promotion of human rights.

 Ever since its constitution in 1993, the National Human Rights Commission has been discharging a role complementary to that of the Supreme Court of India by performing those tasks which by their very nature the NHRC can perform better e.g. monitoring any situation or functioning of an institution. The dependence between these institutions has considerably improved the mechanism for the protection of human rights in the country, which is primarily a state responsibility. 

The interpretation of the fundamental rights, particularly, Article 14 (right to equality) and Article 21 (right to life) by the Supreme Court has considerably enlarged the meaning and scope of human rights in India. 

The National Human Rights Commission has also interpreted its functions enumerated in Section 12 of the Act especially to include therein monitoring of the functioning of the institutions of governance with a view to ensure better protection of human rights and to prevent their violation. The NHRC visualizes its role as that of a catalyst to improve the quality of governance with the firm belief that good governance in accordance with the Constitution and the rule of law alone can be effective for better protection of human rights. The linkage between the two is direct and clear. 

The nature and extent of State’s responsibility for the protection of human rights was indicated by the NHRC in its orders made in the case of recent Gujarat communal disturbances. The Commission observed: 

“It is the primary and inescapable responsibility of the State to protect the right to life, liberty, equality and dignity of all of those who constitute it. It is also the responsibility of the State to ensure that such rights are not violated either through overt acts, or through abetment or negligence. It is a clear and emerging principle of human rights jurisprudence that the State is responsible not only for the acts of its own agents, but also for the acts of non-State players acting within its jurisdiction. The State is, in addition, responsible for any inaction that may cause or facilitate the violation of human rights”. The National Commission on Human Rights has investigated several cases of gross violation of human rights by official agencies and also terrorist groups. The commission while inquiring into the complaint of the violation 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.

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