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75 Years of Universal Declaration of Human Rights- Explained Pointwise+ Infographics

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Seventy-five years ago, on 10th December 1948, the UN General Assembly approved the Universal Declaration of Human Rights at a meeting in Paris. This laid one of the foundation stones of the international order that emerged following the horrors of World War II.

The declaration was proclaimed as “a common standard of achievement for all peoples and all nations.” However, in practice, it has not turned out the way it was conceived.

What is the Universal Declaration of Human Rights?

It for the first time asserted universal protection of human rights. The UDHR was discussed by all members of the UN Commission on Human Rights and finally adopted by the General Assembly in 1948. It is a document that acts like a global road map for freedom and equality. It protects the rights of every individual, everywhere.

The declaration is not a treaty and is not legally binding in itself. The principles set out in the Declaration have been incorporated into many countries’ laws. It is viewed as the basis for international human rights law.

What is the Significance of Universal Declaration of Human Rights?

1. Gave fillip to the different Freedom Movements- The UDHR supported the decolonisation movement by enunciating the ideals of basic human dignity and freedom. For Ex- Decolonisation movements in Africa and South East Asia.

2. Foundation of fundamental rights in constitutions- The human rights declaration has become the foundation for fundamental rights and individual liberty in different national constitutions and regional and multilateral agreements. For ex- Fundamental rights part in the Indian constitution.

3. Inspiration for new social movements- The Universal Declaration of Human Rights also inspired the anti-apartheid movement, LGBTIQ+ movement and the anti-racism movements across the globe. For Ex- Civil Right movement in the USA.

4. Apolitical and Secular Document- It is an apolitical and secular document that transcends all barriers based on culture, gender, religion and political ideologies.

5. Introduction of “Rule of Law”- The widely used phrase “rule of law” was first used in the document of UDHR. According to the principle of rule of law, human beings are equal in the eyes of the law irrespective of territorial, jurisdiction and political ideologies.

What are the Challenges to the Universal Declaration of Human Rights?

1. Geopolitical conflicts- The recent geopolitical conflicts like Israel-Hamas War, Russia’s war in Ukraine, internal conflicts in Myanmar and Sudan, have emerged as major challenge to Universal Declaration of Human Rights.

2. Misuse and Abuse- The Universal Declaration of Human Rights has been misused and exploited for political gain. For Ex- Rwandan Genocide (instigated by the military coup in Rwanda under the garb of protection of human rights).

3. Abuse of Human rights of women-  Women are considered weak in our society and are often denied basic human rights. They are subjected to violence in society whether it is within four walls of the house or at workplace. For Ex- Invasive vaginal examinations in Afghanistan.

4. Abuse of Right to live with dignity- The right to live with dignity has been challenged by the socio-economic malpractices like manual scavenging, rag picking etc.

5. Corruption in Governance- Corruption threatens the rule of law, democracy and human rights and undermines good governance. For Ex- Misuse of anti-terror laws.

6. Non-enforceable nature of the Declaration – As the UDHR is a non-binding document, it renders it ineffective in checking human rights violations.

What should be the way forward?

1. Alignment of territorial laws with UDHR – The existing legislations and provisions should be aligned according to the UDHR. For Ex- Public flogging in the Middle East.

2. Active Role of UNSC- The UNSC must rise over partisan interests and play an active role in the protection of the UDHR principles. For Ex- Torture of Uighurs in China.

3. Enforcement of Domestic Human Rights Law- Countries must enact human rights laws in consonance with the UDHR principles and establish institutions for effective monitoring of violation of human rights. For Ex- NHRC in India.

4. Ethical Importance of Human Rights- Human rights are inalienable to human existence. Abuse of human rights is an abuse to humanity. Ethical considerations of human rights protection must be the guiding light for ethical governance.

John F Kennedy once said that “ The rights of every man are diminished when the rights of one man are threatened “. So the governments have to understand that and ensure proper enforcement of human rights. After all, denying human rights is a challenge to humanity itself.

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What do you understand by three generations of human rights (upsc cse mains 2018 - political science and international relations, paper 1).

Human Rights are rights to which people are entitled by virtue of being human, they are a modern and secular version of "natural rights". There are four characteristics to define human rights. First, they are universal. Human rights belong to everyone without discriminating against any particular race, religion, caste, creed and other such differences. Second, they are fundamental in the sense they are crucially important and are of prime importance. Third, they are absolute implication is that they are basic for each individual and fourth, they are indivisible. It means that all forms of human rights, be it civic, economic or social are of equal importance. Karel Vasak , a distinguished and very well-known human rights scholar, introduced the idea of  three generations of human rights , which allows us to understand the types and evolution of human rights better. The first generation of human rights is  civil and political rights . The second generation of human rights includes economic, social and cultural rights and the third generation of human rights are called solidarity rights.

• The first generation rights i.e.,  civil and political rights  are the initial form of natural rights. These rights developed during the English Revolution of the 17 th  century and the French and American Revolution of the 18 th  century. The key theme underlying these rights is  liberty . The first generation rights include the right to life, the right to liberty, and the right to property and have expanded to include non-discrimination, freedom from arbitrary arrest, freedom of thought, freedom of religion, freedom of movement etc. These rights are often seen as a manifestation of  negative rights  since they can be enjoyed only when there is a restriction upon others. The key documents to understand the content of the first generation of human rights are Article 3 to Article 21 of the UN Declaration and the International Covenant of Civil and Political Rights of 1966 which came into force in 1976.
• In the twentieth century, especially post World War II, second-generation rights began to earn a greater prominence. The economy of countries was torn by war and there was massive destruction as a result of the world wars. Therefore, the effort for  economic, social and cultural rights  developed during the twentieth century. The rights rely on socialist assumptions and the underlying theme is  equality  which is in contrast to first-generation rights and the notion of liberty. The second-generation rights include the right to work, the right to health care, the right to education, the right to social security etc. Therefore, these rights are seen as a manifestation of  positive rights  as they place a claim on the state and a duty to oblige for action, for example, welfare provisions. The key documents to understand the content of second-generation rights are Article 22 to Article 27 of the UN Declaration and the International Covenant of Economic, Social and Cultural Rights of 1966.
• The third generation of rights emerged post-1945 and are referred to as  solidarity rights . This is for the simple reason that these rights are concerned with social groups and society on the whole rather than an individual. They are therefore seen as collective rights. The underlying theme of the third-generation rights is  fraternity . Usually, these rights are shaped by the difficulties faced by the countries of the Global South. These rights include the right to development, the right to environmental protection, the right to self-determination, the right to peace etc. The Stockholm Convention of Human Environment of 1972 and the Earth Summit of 1992 at Rio can be analysed to understand these rights.

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National Human Rights Commission (NHRC)

The National Human Rights Commission (NHRC) , a statutory body in India, stands at the forefront in the noble pursuit of safeguarding, protecting, and promoting human rights across the nation. By safeguarding liberties, advocating for justice, and fostering a culture of respect for human rights, the NHRC not only protects individuals but also strengthens the foundations of democracy. This article of NEXT IAS aims to study in detail the National Human Rights Commission (NHRC) , including its composition, powers, functions, challenges faced by it, and other related aspects.

About National Human Rights Commission (NHRC)

• Thus, it is not a constitutional body .
• It serves as the watchdog of human rights in the country.
• It is tasked with safeguarding rights relating to life, liberty, equality, and dignity of individuals, which are guaranteed by the Constitution of India and embodied in the international covenants.
• The Commission can also establish offices in other places in India.

Objectives of National Human Rights Commission

The specific objectives of the establishment of the National Human Rights Commission are as follows:

• To strengthen the institutional arrangements through which human rights issues could be addressed in their entirety in a more focussed manner,
• To look into the allegations of excesses, independently of the government, in a manner that would underline the government’s commitment to protect human rights,
• To complement and strengthen the efforts that have already been made in this direction.

Composition of National Human Rights Commission (NHRC)

The commission is a multi-member body consisting of the following full-time members:

• A Chairperson, and
• 5 other members

In addition to these full-time members, the commission also has the following 7 ex-officio members:

• Chairperson of the National Commission for Minorities,
• Chairperson of the National Commission for SCs,
• Chairperson of the National Commission for STs,
• Chairperson of the National Commission for Women,
• Chairperson of the National Commission for BCs,
• Chairperson of the National Commission for the Protection of Child Rights, and
• The Chief Commissioner for Persons with Disabilities.

Qualifications of Members of NHRC

The qualifications of full-time members of the National Human Rights Commission (NHRC) are as follows:

Appointment of Members of National Human Rights Commission

The Chairperson and the members of the National Human Rights Commission are appointed by the President on the recommendations of a six-member committee consisting of:

• The Prime Minister as its head,
• The Speaker of the Lok Sabha,
• The Deputy Chairman of the Rajya Sabha,
• The Leader of the Opposition in the Lok Sabha,
• The Leader of the Opposition in the Rajya Sabha, and
• The Union Home Minister,

Term of Members of National Human Rights Commission

• The Chairperson and the members of NHRC hold office for a term of 3 years or until they attain the age of 70 years, whichever is earlier.
• The Chairperson and other members are eligible for re-appointment in NHRC.
• After their tenure, the Chairperson and the members are not eligible for further employment under the Central or State Government.

Removal of Members of NHRC

• is adjudged insolvent,
• engages, during his term of office, in any paid employment outside the duties of his office,
• is unfit to continue in office because of the infirmity of mind or body,
• is of unsound mind and stands so declared by a competent court,
• is convicted and sentenced to imprisonment for an offence.
• However, in these cases, the President has to refer the matter to the Supreme Court for an inquiry.
• If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the President can remove the Chairperson or a member of NHRC.

Salaries and Service Conditions of Members of NHRC

• They cannot be varied to his/her disadvantage after his/her appointment.

Functions of the NHRC

The major functions of the National Human Rights Commission (NHRC) are:

• To inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either suo motu or on a petition presented to it or on an order of a court.
• To intervene in any proceeding involving an allegation of violation of human rights pending before a court.
• To visit jails and detention places to study the living conditions of inmates and make recommendations thereon.
• To review the constitutional and other legal safeguards for the protection of human rights and recommend measures for their effective implementation.
• To review the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend remedial measures.
• To study treaties and other international instruments on human rights and make recommendations for their effective implementation.
• To undertake and promote research in the field of human rights.
• To spread human rights literacy among the people and promote awareness of the safeguards available for the protection of these rights.
• To encourage the efforts of non-governmental organizations (NGOs) working in the field of human rights.
• To undertake such other functions as it may consider necessary for the promotion of human rights.

Working of National Human Rights Commission

• The commission has its own nucleus of investigating staff for investigation into complaints of human rights violations.
• It can also utilize the services of any officer or investigation agency of the Central or any state government for investigating purposes.
• The Commission has also established effective cooperation with the NGOs to receive first-hand information about human rights violations.

Powers of NHRC

• The NHRC is vested with the power to regulate its own procedure.
• It has all the powers of a Civil Court and its proceedings have a judicial character.
• It may call for information or reports from the Central and State Governments or any other subordinate authority thereof.
• In other words, it can look into a matter within one year of its occurrence.
• To recommend to the concerned government or authority to make payment of compensation or damages to the victim.
• To recommend to the concerned government or authority the initiation of proceedings for prosecution or any other action against the guilty public servant.
• To recommend to the concerned government or authority for the grant of immediate interim relief to the victim.
• To approach the Supreme Court or the High Court concerned for the necessary directions, orders, or writs.

Nature of Functions of NHRC

• It has no power of its own to punish the violators of human rights, nor to award any relief including monetary relief to the victim.
• But, it should be informed about the action taken on its recommendations within one month.

Role of NHRC w.r.t. Armed Forces

• The National Human Rights Commission has a limited role, powers and jurisdiction with respect to the violation of human rights by the members of the armed forces.
• In this respect, the Commission may seek a report from the Central Government and make its recommendations based on them.
• The Central government should inform the Commission of the action taken on the recommendations within three months.

Reports of National Human Rights Commission

• These reports are laid before the respective State Legislatures, along with a memorandum of action taken on the recommendations of the National Human Rights Commission and the reasons for non-acceptance of any of such recommendations.

Issues Addressed by the NHRC

The National Human Rights Commission (NHRC) plays a significant role in addressing a wide range of issues related to human rights violations in India. Below are some examples of the issues taken up by NHRC across the country.

• Arbitrary arrest and detention
• Custodial torture and deaths
• Fake Encounters
• Communal Violence
• Atrocities committed on women and children and other vulnerable sections
• Non-payment of retiral benefits
• Child labour
• Extra-judicial killings
• Sexual violence and abuse
• LGBTQ community rights
• SCs/STs, disabled people, and other religious minority issues
• Labour rights and the right to work
• Conflict-induced internal displacement
• Manual Scavenging

Challenges faced by National Human Rights Commission

The National Human Rights Commission (NHRC) itself has identified various problems faced by it in its effective functioning. These challenges are explained below:

Administrative Constraints

• Inadequate infrastructure, including insufficient funding and staff shortages, hampers the smooth functioning of the NHRC.
• Inadequate devolution of powers to the Commission in administrative as well as financial matters.

Financial Constraints

• Dependency on annual grants-in-aid from the Ministry of Home Affairs restricts the NHRC’s financial autonomy.
• Inadequate funding limits the commission’s capacity to address emerging human rights issues and fulfil its mandate comprehensively.

Manpower Constraints

• The National Human Rights Commission (NHRC) has consistently operated below its sanctioned strength, leading to operational challenges.
• The Law Division, crucial for handling and disposing of complaints, faces manpower shortages, impacting its effectiveness in the longer run.
• A shortage of experienced investigating officers affects the conducting of spot inquiries on issues like custodial deaths, torture, and illegal detentions.
• An inadequate level of expertise of NHRC personnel in areas such as legal analysis, investigation techniques, and human rights advocacy hampers the commission’s efficacy.

Operational Constraints

• Various operational challenges mean that the NHRC struggles to meet the expectations of victims of human rights violations nationwide, hindering its mandate to protect and promote human rights.
• The commission’s limited reach and accessibility may hinder its ability to address human rights violations in remote or marginalized areas effectively.
• Limited awareness among the public about the NHRC’s mandate and functions may impede the reporting of human rights violations and access to justice for victims.

Way Forward

The following measures can be taken to address challenges faced by the commission and enhance its effectiveness:

• To provide regular training and capacity-building exercises for commission members and staff to ensure that they are equipped to handle human rights cases.
• The composition of NHRC should be diversified by including members from SCs, STs, civil society, and human rights activists.
• To address structural issues such as adequate infrastructure and regular funding to ensure smooth functioning and also address systemic issues such as corruption or lack of accountability.
• There is a need for time-bound investigations to ensure swift justice for victims of human rights violations.
• NHRC decisions should be made enforceable to increase its powers and authority.
• Simplification of the complaint process, improvement of case management, and adoption of best practices from other human rights bodies.
• Enhancing the outreach and communication by increasing its presence on social media, conducting more public hearings, and collaborating with civil society organizations and other stakeholders.
• Fostering collaboration with civil society organizations and other stakeholders to leverage resources and expertise in promoting human rights.
• Collaboration between State and Non-State actors is imperative for strengthening the human rights situation in India.

The National Human Rights Commission stands as a testament to the enduring commitment to human rights in the face of evolving challenges. By safeguarding liberties, advocating for justice, and fostering a culture of respect for human rights, the NHRC not only protects individuals but also strengthens the foundations of democracy. As we move forward, the continued support and enhancement of such institutions are vital to ensuring that human rights are universally respected and realized, paving the way for a more just and equitable world.

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Office of the High Commissioner for Human Rights (OHCHR) - UPSC Notes

The Office of the High Commissioner for Human Rights, also known as, the Office of the UN High Commissioner for Human Rights, is one of the UN human rights bodies. International organizations and UN bodies are especially important for the UPSC exam , as they feature regularly in the daily news.

OHCHR UPSC Notes:- Download PDF Here

Office of the High Commissioner for Human Rights – OHCHR

The OHCHR is entrusted by the United Nations General Assembly (UNGA) with the mandate to protect and promote all human rights for everyone all over the world.

• Human rights
• Peace and security
• Development
• It offers technical expertise and capacity-development to aid the implementation of global human rights standards on the field.
• It actively helps governments in making the enjoyment of human rights a reality for everyone.
• The Office also speaks out on issues of human rights violations.
• It is a part of the UN Secretariat and was established in 1993.
• It is headquartered in Geneva and has many regional offices as well.
• The OHCHR is headed by the High Commissioner for Human Rights.

Note: The OHCHR is different from the United Nations Human Rights Council (UNHRC), though both work in the field of promotion of human rights.

To know more about Important Headquarters of International Organizations , check the linked article.

OHCHR Functions

The chief functions of the Office include:

• Preventing human rights violations.
• Promoting respect for human rights.
• Encouraging international cooperation to safeguard human rights.
• Coordinating, strengthening and streamlining activities related to human rights within the United Nations.

OHCHR Funding

Almost 2/3rd of the funding for the Office comes from voluntary contributions from donors and member states. The rest is covered by the general budget of the UN.

OHCHR and India

In March 2020, the OHCHR announced an intention to file an application in the Supreme Court of India asking to be impleaded in the petitions challenging the Citizenship (Amendment) Act .

• While the OHCHR stated the intentions of the CAA as admirable, that of protecting persecuted minorities, it said the law also raised questions of human rights, particularly, with respect to equality before law and non-discrimination.
• The Office questioned the criterion of giving citizenship to Buddhists, Hindus, Parsis, Christians, Sikhs and Jains from Pakistan, Bangladesh and Afghanistan alone.
• The Office also talked about the impact CAA would have on certain migrants.
• The Indian External Affairs Ministry responded by saying that the CAA is an internal matter for India and the Parliament had the sovereign right to make laws.
• The Ministry also said that no foreign body had no locus standi on the issue.

The Office of the High Commissioner for Human Rights (UN Human Rights) is the leading UN entity on human rights. It is mandated to, Inter alia protect and promote all human rights and to conduct necessary advocacy in that regard, established pursuant to the United Nations General Assembly resolution 48/141. It also has to promote adherence to international human rights law and, with this purpose in mind, to support domestic courts, with their constitutional or judicial function, in ensuring the implementation of international legal obligations. This is the basis for seeking intervention.

Know in detail about the Citizenship Amendment Act 2019 on the given link.

Aspirants can check out the following relevant links to prepare for the upcoming Civil Services Exam comprehensively –

Way Forward

India has a history of openness and has exhibited to persons seeking to find a safer, more dignified life within its borders. But, the CAA’s stated purpose is the protection of some persons from persecution on religious grounds, simplifying procedures and requirements and facilitating the granting of citizenship to such persons, including migrants in an irregular situation, as well as refugees, from certain neighboring countries. This selective application of law goes against the very basic right which guarantees equality. In this background, it is necessary to revisit the law, say experts.

In this regard, some central principles of international human rights law can be considered. These include:

• Enjoyment of human rights by all migrants and the rights of all migrants (non-citizens) to equality before the law.
• The principle of non-refoulement, which prohibits the forcible return of refugees and asylum seekers to a country where they are likely to be persecuted.
• All migrants “regardless of their race, ethnicity, religion, nationality and/or immigration status enjoy human rights and are entitled to protection”.
• International human rights law “requires the granting of citizenship under the law to conform to the right of all persons to equality before the law and to be free from prohibited discrimination”.

Frequently Asked Questions related to Office of the High Commissioner for Human Rights (OHCHR)

What is the role of the un ohchr, who is the present high commissioner for human rights of the united nations organization, what is the structure of the un ohchr.

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Human Rights Violations | UPSC Mains Essay Preparation PDF Download

Human Rights Violations

(1) Opening    —    Prevention of child labour is a crucial issue.

    —    Root cause is poverty and low income of the family.

(2) Body    —    Quote Aristotle.

    —    Work of NHRC.

    —    Total number of unlettered increasing.

    —    Harassment of women, SCs 2 STs.

    —    Alarming population growth.

    —    Home Ministry Report.

    —    Checking the abuse of power is a crucial strategy.

    —    The policy of transparency.

    —    The problem of refugees.

(3) Closing    —    Cooperation between UNHRC and NHRC can yield positive  results.

Human rights are moral principal or norms that describe certain standards of human behaviour and as regularly protected at natural and legal rights is muncipal and international. They are commonly understood as inalienable, fundamental right 'to which a person is inherently entitled simply because sehe or he is a human being' and which are 'inherent in all human beings', regardings of their nation location language religion enthnic origin or any other status.

The  prevention of child labour has become a crucial issue because it is not merely a question of exploitation but also creates the problem of juvenile crime. The recent legislative curbs have 

brought about some changes in the pattern of employment of children in the organised industry.

Child workers fall mostly in the age category between 10 and 15 and are engaged in gainful occupation which exposes them to hazardous work hampering any chance of their development. 

 At the root of the problem lies the question of poverty and the very low family income of child workers. In recent years, there has been a decline in the proportion of child labour in the organised sector but it has spread its tentacles in the unorganised sectors such as road construction, weaving industry and restaurants. 

Aristotle had compared the superiority of the educated over the unlettered and said that it was “as much as the living are to the dead.” The importance of education for the physical, intellectual and moral will of an individual cannot be overemphasised and its success lies in releasing the individual from the clutches of igntorance in all possible permutation and combinations.

The National Human Rights Commission (NHRC) has concentrated on eliminating child labour, particularly child prostitution, which in a way has become an organised, clandestine profession. The Commission has made stupendous progress in eliminating child labour in the glass industry of Ferozabad district in Uttar Pradesh.

The news of the deportation of Indians children, including girls, from Saudi Arabia points to the underground functioning of a powerful syndicate which sells poor, deformed children, particularly female children, from the Murshidabad district of West Bengal. The Commission can play an active role by involving non-government organisations and creating an awareness among the general  masses.

It is paradoxical that while the percentage of literacy is increasing, the total number of unlettered has also been increasing. Besides, there is a tremendous difference between the male and female literacy ratio. Though there has been a significant improvement in the literacy rate of the females and the difference has narrowed down to a certain extent, the overall position of women has not improved much. Women workers are exploited in the private and public sectors. In certain unorganised sectors, the womenfolk, especially those belonging to the Scheduled Castes and the Scheduled Tribes, face sexual harassment and are denied equal wages. Concerted efforts by the NHRC and non-government organisations are needed to remedy the situation.

Another major challenge is the alarming population growth (16 per cent of the world's population), rendering efforts towards tacking unemployment difficult. The International Labour Organisation's report on World Employment says that the economies of most countries have noticed a declining trend in employment opportunities but the overall scenario of employment in India, the Philippines, Pakistan, Sri Lanka and Myanmmar is particularly pessimistic. It is important that a major portion of the national resources should be used to generate more job opportunities.

Cases of juvenile crime such as a criminal breach of trust, burglary and counterfeiting are increasing. Education can play a major role in removing these distortions and discrepancies in society. Hence, an organised attempt to impart education to even the poorest is essential.

Checking the abuse of power is a crucial strategy for maintaining human rights. On many occasions, the Army and the paramilitary forces have gone berserk while tackling terrorists and protesters. There are many instances when they have not even spared the womenfolk and children. Besides, the armed forces have also been accused of atrocities including torture, rape and killing in fake encounters. The powers given to police are enormous that incidents of custodial deaths, counter-killings, missing persons and torture are increasingly being reported over the years. Besides, the prevalence of several repressive Acts is an indication of the interference of the State machinery in the lives of the people. The Terrorist and Descriptive Activities (Prevention) Act, 1985, originally enacted to tackle terrorists in Chandigarh, Punjab and Delhi, was extended to other parts of country. The main criticism against TADA is that the accused is considered guilty unless he proves his innocence. Under this Act, a police officer can even act as a magistrate while the identity of the witness produced against the detenu is kept secret and confessions (apparently extracted under torture) are permissible as evidence. Amnesty International has criticised torture by policemen and fake encounters and the inhuman conditions in jails. Police must advise a multilayered approach based on a system of checks and balances to gain credibility.

The policy of transparency that the Government has adopted after NHRC urged it to allow the activists of Amnesty international to visit the Kashmir valley has been helpful in reestablishing the Government's credentials. A lot of awareness has taken place after the establishment of NHRC but there are still myriad challenges requiring a careful handling.

The growing problem of refugees has added a new dimension to the problem. The Chief Executive of the United Nations High Commissioner for Refugees (UNHRC), Ms. Irue Khan, in her address to the 65th convention of the Indian women's conference titled the “Empowerment of Uprooted Women” has highlighted the acute problem of refugees and the violation of rights across the globe. She said that 70 per cent of the 26 million displaced people were women. Afganistan is having the maximum number of such refugees. 

The problem of refugees generally makes the condition of women vulnerable. They are invariably subjected to injustice and foul play. In the past, several incidents took place in which women faced abuse and rape. Many Somali women refugees were sexually abused when they took shelter in Keny's camps. The Chineswe authorities tortured and imprisoned many Tibean nuns who were supporters of the cause of Tibetan independence.

The United Nation Conference Women has provided a platform for the promotion and protection of women's human rights by making them a core issue for international agenda. But this alone cannot yield results unless the decisions are properly implemented. Coordination between the United Nations and various women organisations will be useful.

Extreme poverty, natural calamity, violence, environmental degradation, civil war and terrorism are the main causes of the refugee problem. A humane approach. with an attitudinal change towards the refugees and long-term structural solutions such as the provision of job opportunities, will be of help. Cooperation between UNHRC and NHRC can yield positive results.

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Human Rights Issues

• Backgrounder

[pib] National Human Rights Commission (NHRC)

From UPSC perspective, the following things are important :

Prelims level: National Human Rights Commission

Why in the News?

The NHRC India has taken suo motu cognizance of the two alleged incidents of food poisoning related deaths in an orphanage in Andhra Pradesh.

About National Human Rights Commission (NHRC)

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NHRC Notice to Centre on Worker Rights Violation in Haryana

Prelims level: NHRC, Various labour reform initiatives

• Employees were allegedly forced to pledge not to take toilet or water breaks until unloading six trucks post 30-minute tea break.

NHRC’s Observations and Actions

• NHRC views this as a serious human rights violation, potentially breaching labour laws and Ministry guidelines.
• Notice was issued to the Secretary, Union Ministry of Labour and Employment for a detailed report within a week.

Government Initiatives for Worker Welfare in India:

Candid notes on the NHRC’s status deferral

Prelims level: About NHRC;

Mains level: Human Rights; NHRC; Paris Principles;

The National Human Rights Commission of India (NHRC) was formally informed late last week that the deferral of its status would continue for a year more.

• The deferral was put in place by the Sub-committee on Accreditation (SCA) of the Global Alliance of National Human Rights Institutions (GANHRI) for a year, in 2023.

How Indian NHRC is drifting away from the Paris Principles?

• The foundational values of ‘Equality ’ in the Indian Constitution and Paris Principles conflict with Manusmriti’s ‘caste-division’ principles.
• In early 2017 also the NHRC was placed in the deferral category by the GANHRI, which was later lifted after a review.
• ‘A’ status grants participation in the work and mechanisms of GANHRI, the Human Rights Council, and other UN mechanisms.

Way forward:

• Comprehensive Review: Conduct a thorough review of NHRC’s policies, practices, and organizational structure to identify areas of improvement and address deficiencies.
• Strengthen Compliance: Need to take proactive measures to ensure compliance with the Paris Principles, including enhancing autonomy, independence, and effectiveness in addressing human rights violations.

Q Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty. Analysing their structural and practical limitations, suggest remedial measures . (UPSC IAS/2021)

In news: National Human Rights Commission’s (NHRC) Accreditation 

Prelims level: NHRC, GANHRI

Mains level: NA

Why in the news?

• The National Human Rights Commission (NHRC) is gearing up to defend India’s human rights processes at a critical meeting of Global Alliance of National Human Rights Institutions (GANHRI) in Geneva.
• A decision on retaining India’s NHRC’s “A status” accreditation is imminent at this summit.

GANHRI Concerns about India’s NHRC

India’s NHRC faced a potential downgrade in its accreditation status in 2023 due to concerns raised by the SCA regarding its operational independence and composition.

• Political Interference: The NHRC-India faced objections related to political interference in appointments, compromising its independence.
• Police Involvement: Involving the police in probes into human rights violations raised concerns about impartiality and fair investigations.
• Lack of Cooperation: The NHRC’s poor cooperation with civil society was criticized, hindering its effectiveness in protecting human rights.
• Lack of Diversity: The GANHRI highlighted the lack of diversity in staff and leadership positions within the NHRC. There is also lack of gender and minority representation.
• Insufficient Protection of Marginalized Groups: The NHRC was found to have taken insufficient action to protect marginalized groups, contrary to the U.N.’s principles on national institutions (the ‘Paris Principles).

Understanding the world of the informal waste picker

Prelims level: Extended Producer Responsibility (EPR)

Mains level: acknowledging waste pickers' crucial role in plastic recycling is imperative for sustainable waste management

Why is it in news?  

• On March 1, International Waste Pickers Day, waste pickers across the world will pay homage to fellow pickers who were murdered in Colombia in 1992.

Who are informal waste pickers?

• The International Labour Organization defines the informal sector in waste management as ‘individuals or small and micro-enterprises that intervene in waste management without being registered and without being formally charged with providing waste management services’

Background:

• Informal waste pickers, often overlooked and marginalized, play a crucial but unseen role in India’s waste management systems. They are vital yet often forgotten members of the waste value chain ecosystem, deserving recognition and understanding.
• These workers are the primary collectors of recyclable waste, playing a critical role in waste management and resource efficiency by collecting, sorting, trading and sometimes even reinserting discarded waste back into the economy.
• Yet, they face systemic marginalisation due to non-recognition, non-representation, and exclusion from social security schemes and legal protection frameworks.

What data shows ?

• While reliable estimates of informal waste pickers are difficult to come by, the Centre for Science and Environment reported that the informal waste economy employs about 5%–2% of the urban population globally.
• Many are women, children and the elderly, who are often disabled, are the poorest of the urban poor, and face violence and sexual harassment often. The Periodic Labour Force Survey 2017-18 indicates that there are nearly 1.5 million waste pickers within India’s urban workforce, with half a million being women.

Challenges Faced by Waste Pickers

• Work Conditions : Waste pickers labor for 8 to 10 hours daily, collecting 60 kg to 90 kg of waste, often without safety equipment, exposing themselves to hazards.
• Health Issues: They suffer from dermatological and respiratory problems, alongside regular injuries, due to their hazardous work conditions.
• Socioeconomic Factors : Low income, irregular work, and harassment exacerbate their precarious livelihoods, compounded by their subordinate position in the caste hierarchy.

Impact of Private Sector Participation in waste collection

• Exclusion: Private sector involvement in waste management alienates waste pickers, depriving them of their rights and exacerbating their vulnerability.
• Marginalization: As noted by the Alliance of Indian Waste Pickers (AIW) 2023 report, Private actors employ expensive machinery, marginalizing informal waste pickers by offering competitive rates to waste generators, forcing them into hazardous scavenging activities.
• Loss of Rights: Private players and municipal authorities often cordon off dump sites, further limiting waste pickers’ access and exacerbating their vulnerability.

Importance of Waste Pickers in Plastic Management

• Global Contribution: Waste pickers globally collect and recover up to 60% of all plastic waste, contributing significantly to its recycling efforts, as highlighted in the 2022 World Economic Forum report.
• Underappreciated Role: Despite their crucial contribution to sustainable recycling, waste pickers’ work is undervalued, and they struggle to earn a decent livelihood.
• Quantitative Impact: Reports by the United Nations Development Programme (UNDP) and Pew state that informal waste pickers collected 27 million metric tonnes of plastic waste in 2016 alone, representing 59% of all plastic material collected for recycling, thereby preventing it from ending up in landfills or oceans.
• Relevance in India’s Context: In India, where per capita plastic waste generation is rising, waste pickers’ role becomes even more critical, especially considering that the country is among the top 12 responsible for 52% of the world’s mismanaged waste, as per a recent CPCB report.
• Harnessing Traditional Knowledge: Waste pickers possess traditional knowledge about waste handling, which could significantly enhance the effectiveness of the EPR system if integrated properly.
• Rethinking EPR Norms: In light of this, there is a need to reconsider the formulation of EPR norms to ensure the inclusion and empowerment of millions of informal waste pickers within the new legal framework.

Understanding Extended Producer Responsibility (EPR)

• Objective: EPR aims to enhance plastic waste management by transferring the responsibility of waste management from municipal authorities to commercial waste producers.
• Promises of EPR: EPR holds the potential for social inclusion for waste pickers and other informal grassroots actors by promoting accountability among commercial waste producers.

Analysis of Extended Producer Responsibility (EPR) Guidelines

• Stakeholder Identification : The EPR guidelines in India recognize various stakeholders, including the Central Pollution Control Board (CPCB), producers, brand owners, industry, industry associations, civil society organizations, and citizens.
• Uncertainty Regarding Inclusion : It remains unclear whether these stakeholders include informal waste pickers or their representing organizations, raising questions about the extent of their involvement in the EPR framework.
• Discrepancies with Solid Waste Management Rules 2016 : While the Solid Waste Management Rules 2016 mandate the inclusion of waste pickers in municipal solid waste management systems, informal waste pickers are evidently missing in the prioritization within the EPR guidelines.
• Omission in EPR Guidelines 2022: The EPR Guidelines 2022, published by the Ministry of Environment, Forest, and Climate Change, have blatantly ignored the role of informal waste pickers in waste management and recycling, further exacerbating their exclusion from the formal waste management framework.

Challenges in Implementation

• Redirection of Waste : Despite its promises, EPR often redirects waste away from the informal sector, posing a threat of large-scale displacement for informal waste pickers.
• Concerns Raised by WIEGO: Women in Informal Employment: Globalizing and Organizing (WIEGO) have noted the potential negative impacts of EPR on informal waste pickers, highlighting the need for careful consideration and mitigation of such effects.

In conclusion, acknowledging waste pickers’ crucial role in plastic recycling is imperative for sustainable waste management. Efforts should focus on integrating them into formal systems like the Extended Producer Responsibility mechanism while addressing their socio-economic vulnerabilities for a more equitable and environmentally sound future.

Express View on student suicides: After Niharika

Prelims level: na

Mains level: the societal issues leading to student suicides

Central Idea:

The article highlights the alarming increase in student suicides, particularly in Kota, as a consequence of the intense pressure and expectations associated with high-stakes competitive exams such as JEE and NEET. It emphasizes the need for a collective effort from parents, teachers, institutions, and policymakers to address the underlying issues leading to these tragic outcomes.

Key Highlights:

• Kota witnessed 29 student suicides in coaching centers last year, reflecting the profound toll of competitive exam stress.
• The National Crime Records Bureau’s 2022 report revealed that students and the unemployed constituted a significant portion of total suicides.
• The article points to a deeper societal issue originating in parental ambitions and culminating in high-pressure attempts to secure seats in prestigious institutions.
• The cost of such aspirations includes prolonged study hours, loneliness, and relentless pressure on young individuals.

Key Challenges:

• A societal emphasis on unrealistic goals and expectations from parents can lead to severe mental health issues among students.
• The pressure to succeed in competitive exams contributes to anxiety and desperation among the youth.
• JEE: Joint Entrance Examination.
• NEET: National Eligibility cum Entrance Test.

Key Phrases:

• “Disquieting spike in student deaths.”
• “Cost of aspiration: interminable hours of studying, loneliness, and unrelenting pressure.”
• “Recognizing potential as a gesture of confidence or a source of despair.”

Key Quotes:

• “The future need not be one of anxiety and duress, of expectations so onerous that they become the sole metric of achievement.”
• “Change requires everyone to own responsibility, a conscious effort to open up minds, and rethink ways of seeing.”

Key Statements:

• “The article highlights the alarming increase in student suicides, particularly in Kota, as a consequence of the intense pressure and expectations associated with high-stakes competitive exams.”
• “The future need not be one of anxiety and duress.”

Key Examples and References:

• The case of Niharika Solanki, an 18-year-old student who died by suicide in Kota.
• The National Crime Records Bureau’s 2022 annual report.

Key Facts and Data:

• Kota witnessed 29 student suicides in coaching centers last year.
• Students and the unemployed constituted 7.6% and 9.2% of total suicides, respectively.

Critical Analysis:

• The article effectively points out the societal issues leading to student suicides but does not delve deeply into specific solutions or policy recommendations.
• There is an implicit call for a more compassionate and realistic approach to education and societal expectations.

Way Forward:

• A collective effort is needed from parents, teachers, institutions, and policymakers to address the root causes of student stress and suicides.
• There is a necessity to redefine success and achievement, focusing on holistic development rather than narrow metrics.
• Encouraging open conversations about mental health and providing adequate support systems can contribute to a more balanced and compassionate educational environment.

The issue of genocide and the world court

Prelims level: Erga Omnes Obligation

Mains level: rules-based international order

The article discusses the legal proceedings at the International Court of Justice (ICJ) initiated by South Africa against Israel, alleging violations of the Genocide Convention in the conduct of military operations in Gaza. The international legal context, arguments presented by both sides, and potential provisional measures are highlighted.

• South Africa’s legal action against Israel based on the Genocide Convention.
• Debate and international reactions to the case, with Bangladesh and Jordan supporting South Africa, and Germany supporting Israel.
• The significance of provisional measures in protecting rights before a final determination.
• Challenges in proving the specific intent for genocide and contrasting arguments from South Africa and Israel.
• Potential outcomes and the broader context of international law legitimacy.
• Demonstrating specific intent for genocide.
• Varying international reactions and political divisions.
• Crafting effective provisional measures acceptable to both parties.
• Addressing the split between formerly colonial powers and others in international law opinions.
• Genocide Convention: An international treaty prohibiting acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.
• Provisional Measures: Interim orders issued by a court to protect rights pending a final determination of a case.
• Erga Omnes Obligation: The obligation of states to take action to prevent genocide, a duty owed to the international community as a whole.
• Dolus Specialis: Specific intent required to establish the crime of genocide.
• International Criminal Court (ICC): An international tribunal that prosecutes individuals for the international crimes of genocide, crimes against humanity, and war crimes.
• Rules-Based International Order: A system where international relations are governed by agreed-upon rules and principles.
• “Provisional measures” as interim orders.
• “Erga omnes obligation” for states to prevent genocide.
• “Dolus specialis” indicating specific intent for genocide.
• “Rules-based international order” questioned by the proceedings.
• “Provisional measures are issued pending the final determination of a case.”
• “The split seems to track the divide between formerly colonial or imperial powers and others.”
• “The legitimacy of international law itself is at stake.”
• South Africa’s claim based on being unrelated to the conflict but having an obligation to prevent genocide.
• Israel’s defense focused on the absence of a dispute and the multiple interpretations of statements.
• International law viewed as invented by the imperial “West.”
• The Gambia versus Myanmar case.
• Germany’s contrasting positions in different legal cases.
• Alleged genocidal statements by Israeli politicians echoed by soldiers on TikTok.
• December 29, 2023: South Africa initiates ICJ proceedings against Israel.
• January 11-12, 2024: ICJ hearing on provisional measures.
• 24,000-plus deaths in Gaza during the present war.
• Destruction of civilian infrastructure in Gaza.
• Germany’s intervention in The Gambia versus Myanmar case.
• Data includes 24,000-plus deaths in Gaza during the present war and destruction of civilian infrastructure in Gaza.

The article critically examines the challenges of proving genocide, the international split in opinions, and questions the legitimacy of the “rules-based international order.” It underscores the broader implications of the ICJ’s decision on the perception of international law.

• Await the ICJ’s ruling on provisional measures.
• Consider potential alternatives for provisional measures, such as a humanitarian ceasefire or facilitating resource entry into Gaza.
• Observe how nation-states respond to the ICJ’s decision and its impact on international law legitimacy.

Dream destination, nightmarish journey

Mains level: desperate and perilous journeys of Indian migrants seeking illegal routes to the U.S. and Canada

Central idea 

The grounding of a chartered plane in France reveals the desperate and perilous journeys of Indian migrants seeking illegal routes to the U.S. and Canada. It emphasizes the role of agents, tragic incidents, and the necessity for international collaboration to address the root causes and dismantle illegal immigration networks, highlighting the human cost of such endeavors.

• A chartered plane from the UAE to Nicaragua, carrying 303 Indians, was grounded in France for a human trafficking probe.
• The flight was hired by a non-European client, and passengers were possibly trafficked, leading to a French investigation.
• The passengers claimed they boarded willingly, and the flight was eventually forced to return to Mumbai.
• Gujarat and Punjab have high numbers of illegal Indian migrants to the U.S. and Canada, often taking risky “donkey routes.”
• Lack of opportunities in Gujarat pushes people to seek better prospects abroad, leading to illegal migration.
• Human trafficking networks operate, exploiting the desperation of individuals seeking a better life.
• The dangers of “donkey routes” involve traversing various countries with lenient visa policies, risking lives in harsh conditions.

Key Terms and Phrases:

• Donkey routes : Illegal migration paths involving multiple countries with lenient visa policies.
• Human trafficking : Exploitative practices involving illegal transportation of individuals.
• Chartered flight : Private aircraft hired for specific travel purposes.
• Asylum seekers: Individuals seeking protection and refuge in a foreign country.

• “The French authorities had received a tip-off and took it very seriously.”
• “The episode has once again called attention to the staggering number of Indians who migrate illegally to the U.S. or Canada.”
• “People don’t find any opportunities here. There are no well-paying jobs and sometimes no jobs at all.”
• Two passengers seeking asylum in France carried multiple passports and a substantial amount of money.
• Families taking extreme risks, like freezing to death near the U.S. border or drowning in attempts to cross rivers.
• French authorities stopped exploring human trafficking angle after passengers claimed they boarded willingly.
• Gujarat Police cracking down on agents facilitating illegal immigration through donkey routes.
• Shashi Kiran Reddy, a Hyderabad-based agent, behind the chartered flight facilitating illegal immigration.
• Instances of families freezing to death near the U.S. border or drowning while attempting to cross rivers.
• Lack of opportunities and frustration in Gujarat and Punjab contribute to the high number of illegal migrants.
• The existence of human trafficking networks highlights the exploitation of individuals seeking better prospects.
• Address root causes like lack of opportunities and corruption to discourage illegal migration.
• Strengthen efforts to dismantle human trafficking networks, collaborating with international agencies.
• Enhance awareness about legal migration pathways and associated risks to deter individuals from choosing illegal routes.

75 Years of the Universal Declaration of Human Rights

Prelims level: Universal Declaration of Human Rights

Mains level: Not Much

Central Idea

• 75th Anniversary : December 10 marked the 75th anniversary of the Universal Declaration of Human Rights, adopted by the UN General Assembly in Paris.
• Foundation of International Order : Post-World War II, this declaration laid the groundwork for the international order, aiming to prevent future atrocities.

Understanding the Universal Declaration of Human Rights

• Document Structure : Comprising a preamble and 30 articles, it outlines fundamental rights and freedoms.
• Key Provisions : Articles emphasize equality in dignity and rights, non-discrimination, the right to life and liberty, prohibition of slavery and torture, fair trial rights, asylum rights, and freedoms of religion, opinion, expression, and assembly.
• Right to Education : The declaration also enshrines the right to education for all.

Origins and Development

• Post-War Sentiment : Born from the “never again” resolve after the world wars and the Holocaust, it served as a “road map” for individual rights.
• Drafting Process : Chaired by Eleanor Roosevelt, the drafting committee represented diverse geographical regions, with over 50 countries contributing to the final draft.
• Global Participation : Despite being drafted during widespread colonial rule, the declaration represented a collective effort, ensuring rights for all, including gender equality.

Impact and Legacy

• Non-Binding Nature : While not a treaty or legally binding, its principles have influenced national laws and international human rights treaties.
• Inspiration for Movements : It spurred decolonization, anti-apartheid, and various human rights movements globally.
• Universal Standard : Despite criticisms, it remains a universal human rights standard, influencing various subsequent human rights agreements.

Current Challenges and Relevance

• Contemporary Conflicts : The declaration’s anniversary comes amid ongoing human rights challenges in conflicts like Israel-Hamas, Russia-Ukraine, and internal strife in Myanmar and Sudan.
• U.N. Secretary-General’s Concerns : Antonio Guterres noted the misuse and abuse of the declaration, with some governments undermining it.
• Amnesty International’s View : The organization sees the declaration as a testament to the feasibility of a global human rights vision.
• Volker Türk’s Perspective : The U.N. High Commissioner for Human Rights emphasizes the declaration’s enduring relevance, urging the world to recognize its successes and learn from its shortcomings.

Conclusion: Upholding the Universal Declaration

• Inherent Human Rights : The declaration underscores that human rights are intrinsic to every individual.
• Leaders’ Responsibility : Leaders are reminded of their duty to uphold these rights, essential for the well-being of the people they serve.

In news: Operation Storm Makers II

Prelims level: Operation Storm Makers II

• The Interpol operation Storm Makers II against fraud schemes fuelled by victims of human trafficking has unearthed further evidence that the trend is expanding beyond the Southeast Asian region.

About Operation Storm Makers II

• This operation was a special mission organized by Interpol Headquarters in Lyon, France.
• The operation took place from October 16 to 20.
• It involved law enforcement in 27 countries across Asia and other regions.

The operation targeted human trafficking and cyber scams. It resulted in:

• Rescue of 149 human trafficking victims
• Hundreds of arrests
• More than 270,000 inspections and police checks

Back2Basics: INTERPOL

The hypocrisy of Western democracy

Mains level: Israel’s “right to defend”

The article explores the tragic situation in Palestine, emphasizing the West’s complicity in enabling Israel’s actions. It highlights the suppression of freedom of expression, media bias, and challenges in Europe, calling for an exposé of Western democracies’ hypocrisies and a truthful reckoning to address the root causes of Palestinian oppression.

• Tragic Toll: The passage reveals the staggering death toll of over 17,000 Gazans since October 7, underscoring the magnitude of the ongoing tragedy.
• West’s Enabling Role: The West is implicated in enabling Israel’s actions through support, framing the conflict, and reducing Palestine to the actions of Hamas.
• Freedom of Expression Suppression: Western societies, despite professing democracy, are suppressing freedom of expression, particularly in universities, where pro-Palestine advocates face public exposure.
• Media Bias: The media, a significant influencer, is criticized for its overwhelming bias towards Israel, neglecting the historical roots and international illegality of Israeli occupation.
• Zionism and Apartheid: These terms highlight ideological aspects and the discriminatory nature of certain Israeli policies.
• Genocidal Intent and Settler Colonialism: These phrases emphasize the severity of actions and the historical context of Israeli actions in Palestinian territories.
• “The West has shockingly enabled this [tragedy] in various ways,” pointing to the culpability of Western nations.
• “The media has been key in framing the Palestine-Israel conflict for 75 years,” exposing the media’s role in shaping public perception.
• University Actions: Instances of Harvard and Columbia exposing details of pro-Palestine students highlight the suppression faced by advocates.
• European Countries’ Stance: The passage cites bans on pro-Palestinian protests in countries like the U.K., France, Germany, and Italy as concrete examples of European support for Israel.
• Death Toll: Over 17,000 Gazans killed since October 7, quantifying the scale of the tragedy.
• Harvard’s Philanthropy Dependency: Highlighting that 45% of Harvard’s revenue in 2022 came from philanthropy underscores the potential influence of donors.
• Suppression of Free Speech: The critical analysis underscores the severe impact of suppressing freedom of expression on informed dialogue.
• Media’s Role: Emphasizing media bias prompts reflection on the potential manipulation of public opinion.
• Expose Hypocrisies: Advocates for change should actively expose the hypocrisies of Western democracy, challenging the status quo.
• Acknowledge Complicity: A call to acknowledge Western complicity in Palestinian oppression encourages introspection and accountability.
• Listen to Dissenting Voices: Encouraging the acknowledgment of dissenting voices, including Jewish dissenters, fosters a more inclusive dialogue.
• Truthful Reckoning: Highlighting the need for a truthful reckoning emphasizes the importance of understanding historical roots and actions for a sustainable resolution.

The Ambedkar touch in rethinking social justice policies

Prelims level: NA

Mains level: affirmative action policies to empower Dalit and Adivasi

The article highlights the contrast between Babasaheb Ambedkar’s vision for inclusive post-colonial India and the current erosion of state support for Dalits and Adivasis under neo-liberalism. It calls for a redefined social justice framework aligned with Ambedkar’s principles, emphasizing inclusive integration into the economic order for marginalized groups.

• Democracy’s Vision: Modern democracy aspires to social harmony and reforms, especially for historically marginalized groups like Dalits and Adivasis.
• Ambedkar’s Vision: Babasaheb Ambedkar envisioned post-colonial India as distinct, ensuring equal opportunities for all communities in economic and political development.
• Neo-liberal Impact: Neo-liberal economic development has disrupted traditional support for Dalits and Adivasis from state institutions.
• Elite Dominance: Various sectors witness the dominance of social elites, perpetuating the control of the conventional ruling class.
• Tokenistic Representation: Socially marginalized groups experience tokenistic representation in power and privileges.
• Neglect in Neo-liberalism: Concerns of Dalits and Adivasis are neglected in the neo-liberal economic model.
• Neo-liberal Economic Development
• Social Justice Policies
• Tokenistic Presence
• Exploitative Brahmanical Past
• Market Economy
• Crony Capitalist Mode
• Economic Order
• Pluralist and Cooperative Mode
• “With the ascent of neo-liberal economic development, the conventional support that Dalits and Adivasis have received from state institutions has derailed.”
• “It is an appropriate time to imagine how the worst-off social groups can become an integral and substantive part of the new economic order.”
• Neo-liberal Market Critique: The neo-liberal market is alien to ethical values, celebrating the exclusive control of a few corporate bodies and businessmen.
• State’s Role: The state, in the neo-liberal realm, has become a passive associate of big business, deviating from its social responsibilities.
• Ambedkar’s Principles: Reference to Babasaheb Ambedkar’s principles of social justice.
• Neo-liberal Impact: Mention of the neglect of Dalit and Adivasi concerns in the neo-liberal economic model.
• Impact on Support: Decline in traditional support for Dalits and Adivasis with the rise of neo-liberal economic development.
• Tokenistic Representation: Socially marginalized groups experience tokenistic representation in positions of power.
• Neo-liberal Evaluation: Assessing the impact of the neo-liberal economic model on social justice policies and the neglect of marginalized groups.
• Ambedkar’s Vision: Evaluating Ambedkar’s vision as a corrective measure for making institutions more democratic and representative.
• Policy Expansion: Expansion of social justice policies to the private economy for democratizing working classes and reducing poverty.
• Inclusive Integration: Integration of Dalits and Adivasis as influential contributors to the market economy.
• Affirmative Action: Adoption of affirmative action policies to empower Dalit and Adivasi groups as industrialists, market leaders, and influencers.
• Redefining Capitalism: Redefinition of capitalism as a pluralist and cooperative mode ensuring substantive participation of marginalized groups.

Only 3% of Kota’s students have visited a mental health professional

Prelims level: NCRB

Mains level: Mental Health

Central idea

The article sheds light on the alarming rates of student suicides in Kota, primarily attributed to academic pressure. It explores the various pressures students face, their coping mechanisms, and the significant impact on mental health, emphasizing the urgent need for institutionalized counseling and holistic well-being programs.

• Student Suicides in Kota : According to NCRB data in 2021, student suicides in India accounted for 8% of total suicides. Kota, a prominent coaching hub, witnessed 25 suicides this year, raising concerns about academic pressure.
• Impact of NEET and JEE Exams : Students believe clearing these exams is crucial for a better life, leading to heightened stress. Almost 20% often suffer from thoughts related to under-performing, impacting mental health.
• Contributing Factors : Parental pressure, financial stress, and peer pressure contribute to students’ anxieties. Loneliness is prevalent, with 53% experiencing it occasionally.

Different Kinds of Pressures:

• NEET and JEE Significance : Students perceive success in NEET and JEE exams as vital for a better future, intensifying academic pressure.
• Fear of Under-Performance : Nearly 20% constantly grapple with thoughts of potential consequences if they under-perform, leading to heightened stress levels.
• Immediate Family Influence : Students with family members who studied in Kota before them often face additional academic pressure.
• Parental Expectations : Almost 10% experience frequent parental pressure, while a quarter encounters it occasionally, affecting mental well-being.
• Gender Disparity : Girls tend to face slightly higher parental pressure compared to boys, highlighting gender-specific challenges.
• Financial Pressure: 6% of students frequently feel financial stress, and 25% experience it occasionally, adding to the array of pressures.

Impact on Mental Health:

• Post-Coaching Mental Health : Close to 30% report a decline in mental health after joining coaching classes, indicating the adverse impact of the academic environment.
• Body Pain and Emotional Changes : A significant portion experiences heightened nervousness, mood swings, and physical discomfort, adversely affecting mental health.
• Loneliness Prevalence : More than half (53%) experience loneliness occasionally, reflecting the emotional toll of the academic journey in Kota.
• Psychological Strain : Emotional challenges such as increased nervousness, mood swings, and loneliness affect approximately three in every ten students.
• Anger and Frustration : Nearly 30% feel a rise in anger, and over a quarter report increased frustration and fear, showcasing the multifaceted impact on emotional well-being.

Challenges and concerns:

• Deteriorating Mental Health : Close to 30% feel their mental health worsened after joining coaching classes. Over 40% feel more fatigued, and many report increased nervousness, loneliness, and mood swings.
• Limited Professional Help : Despite poor mental health indicators, only 3% seek assistance from mental health professionals, emphasizing a lack of awareness and proactive initiatives.
• Need for Proactive Measures : Almost half (48%) don’t feel the need for mental health visits, underlining the necessity for more proactive efforts in promoting mental well-being.
• Advocacy for Mental Health : The data highlights the urgency of institutionalized counseling mechanisms and increased awareness to encourage young individuals to prioritize mental health.
• Implementing Comprehensive Counseling : Establishing structured counseling services within coaching centers and Kota to address students’ mental health needs.
• Promoting Awareness : Conducting awareness campaigns to emphasize the importance of seeking professional mental health support.
• Integrating Holistic Approaches : Incorporating holistic well-being programs that address not only academic stress but also overall physical and mental health.
• Educational Initiatives : Launching educational initiatives to equip students with coping skills and stress management techniques.
• Scholarship Programs : Expanding scholarship programs to ease financial burdens and create a more inclusive educational environment.

Narayana Murthy just gave some very bad advice

Narayana Murthy’s advice to work 70 hours a week sparks debate on the balance between productivity and workforce well-being. The article explores the challenges, gender disparities, and global work hour comparisons, emphasizing the need for adaptable work strategies in a post-COVID era to achieve sustainable growth without compromising individual lives.

• Narayana Murthy’s Advice : Murthy advises young IT professionals to work 70 hours a week to address India’s low productivity concerns and meet global changes.
• Productivity Concerns: Murthy emphasizes the need for a cultural shift toward determination, discipline, and hard work, especially among the youth.
• Global Work Hours Comparison : Data from the International Labour Organisation shows South and East Asia having the highest average weekly work hours, contrasting with North America and Europe.
• Work-Life Balance Challenges : Murthy’s approach raises concerns about the impact on stress, income, and work-life balance, particularly for women in the workforce.

Challenges and Concerns:

• High Working Hours : South and East Asia, including India, have high average weekly work hours, impacting the well-being of the workforce.
• Gender Disparities: A 24/7 work culture may disproportionately affect women, with unrealistic professional standards and limited concessions for family responsibilities.
• Workplace Expectations : Murthy’s emphasis on extended working hours may contribute to a culture valuing presence over contribution, potentially affecting mental health and family life.
• Nation Building vs. Workforce Well-being : The tension between nation-building efforts and the well-being of the workforce is highlighted, raising questions about sustainable growth.
• Workplace Changes Post-COVID: The article suggests that the COVID-19 pandemic has reshaped the workplace, emphasizing the need for practical expectations and support mechanisms.
• Average Work Hours : South and East Asia have the highest average weekly work hours, with South Asia at 49 hours and East Asia at 48.8 hours.
• Global Comparison: North America records 37.9 average weekly work hours, while Europe ranges from 37.2 to 37.9 hours.
• Flexi-time: Flexible working hours allowing employees to choose their work hours within certain limits.
• FOMO (Fear of Missing Out): The culture where an individual fears missing out on opportunities or experiences, often applied in the context of work.
• Work-Life Balance: The equilibrium between professional and personal life to ensure overall well-being.
• Remote Work: Work performed outside the traditional office setting, often enabled by technology.
• Job Flexibility : Adaptable work arrangements, including flexi-time and remote work, to accommodate employees’ needs.

Concerns for Future Work Strategies:

• One-way Work Culture : The traditional approach of work as a one-way street, potentially overlooking the changing dynamics of the modern workplace.
• Impact on Lives: The need for work strategies that consider individual lives, relationships, and personal aspirations alongside professional goals.
• Adaptable Work Policies : Organizations should embrace adaptable work policies, including flexi-time and remote work, to accommodate diverse needs and promote work-life balance.
• Equal Opportunities : Ensure equal opportunities and concessions for both genders, challenging traditional norms that disproportionately affect women in the workforce.
• Rethinking Productivity : Shift the focus from sheer working hours to productivity and contribution, fostering a culture that values efficiency over extended presence.
• Support Mechanisms : Establish robust support mechanisms, acknowledging the changing dynamics post-COVID, to nurture employee well-being and mental health.
• Continuous Dialogue : Encourage ongoing dialogue between employers and employees to understand evolving needs and collectively shape a work environment that aligns with the aspirations of the workforce.

The present and future of Dalit politics

Central idea:.

• The decline of independent Dalit political parties is linked to changing aspirations and a failure to address the rising class of politically aspirant Dalits, who seek economic mobility. The need for a shift from conventional identity-based politics to a more dynamic, economically focused approach is crucial for the survival of these parties. Ensuring democratic functioning and preventing dynastic tendencies is essential for relevance in the evolving political landscape.

Who Are Dalits?

• Dalits, historically known as untouchables, are marginalized and oppressed communities in India who have faced severe discrimination and social exclusion based on their caste. They constitute a significant portion of the Indian population.

Dalits in India:

• The latest data on the number of Dalits in India is from the National Sample Survey Office’s (NSSO) 75th Round Survey, which was conducted in 2017-18. The survey found that there are approximately 272 million Dalits in India, which is about 17% of the total population.
• This means that the Dalit population has increased by about 3% since the 2011 Census. This increase is likely due to a number of factors, including population growth, improved census methodology, and increased awareness of Dalit identity.

Dalit Movements in India:

• 19th Century: The Self-Respect Movement, led by E.V. Ramasamy Naicker, challenged the caste system and advocated for social justice for Dalits.
• Early 20th Century: The Depressed Classes Movement, led by B.R. Ambedkar, fought for the rights of Dalits, including education, employment, and political representation.
• 1950s: The Indian government passed a number of laws to protect the rights of Dalits, including the Untouchability (Offences) Act of 1955 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989.
• Late 20th Century: Dalit movements continued to fight for social justice and equality, including the Dalit Panthers movement in the 1970s and the Bahujan Samaj Party movement in the 1980s.

Changing Political Landscape:

• While dalit political parties played a crucial role in empowering Dalits, they are facing organizational challenges and a decline in electoral performance.
• Some Dalit leaders are shifting to mainstream political parties, further weakening independent Dalit politics.
• Rising aspirations among Dalit communities, driven by education and affirmative action, are leading to a quest for political space in other parties.
• Social welfare schemes by major political parties are influencing Dalit voters, creating a new Dalit mentality.

What Is the Need for Democratic Functioning of dalit parties?

• Adapting to Changing Aspirations: Independent Dalit parties need to adapt to the evolving aspirations of Dalit communities, which now emphasize socio-economic mobility alongside identity politics.
• Preventing Dynastic Tendencies: Ensuring democratic functioning within these parties is essential to prevent the growth of dynastic political culture, enabling grassroots leaders to have a say in the party’s direction.
• Balancing Identity and Socio-economic Goals: These parties should develop a political agenda that combines the politics of identity with the economics of identity to cater to the new aspirations of the Dalit community.
• Safeguarding Grassroots Participation: By allowing grassroots leaders to have a role in the party’s decision-making process, independent Dalit parties can ensure that the concerns and needs of the most marginalized Dalits are addressed effectively.

Status of Dalit politics:

• Weakening Independent Dalit Parties: RPI and BSP face declining influence and organizational challenges.
• Fragmentation and Desertion: Internal divisions, leader departures, and shifting alliances affect party stability.
• Loss of Base Voters: RPI, BSP losing votes to dominant parties like BJP and Congress.
• Changing Aspirations: Dalits now seek meaningful political space due to education and affirmative actions.
• Shift from Identity to Aspiration: Transition from identity politics to socio-economic mobility aspirations is challenging traditional modes.

Decline in performance of Dalit political parties

• Electoral Erosion: Dalit political parties, including the BSP and RPI, have experienced a decline in their electoral performance, losing ground to mainstream parties.
• Loss of Base Support: Many Dalit parties have witnessed a loss of their core voter base to dominant regional and national parties like the BJP and Congress.
• Changing Aspirations: Evolving aspirations among Dalit communities, driven by education and affirmative actions, are challenging the parties’ ability to connect with their constituents.
• Shift to Socio-economic Focus: The traditional focus on identity politics is waning, and Dalit parties are struggling to adapt to the new emphasis on socio-economic mobility and development.

Future of Dalit Politics:

• Uncertainty for Independent Parties: Independent Dalit parties like RPI and BSP face an uncertain future due to internal issues and declining influence.
• Deepening Democracy: Some believe that as Indian democracy matures, mainstream parties may better represent Dalit interests, diminishing the need for separate Dalit parties.
• Aspiring Political Space: Dalits aspire for greater political participation, which could shape the future of Dalit politics.
• Socio-economic Focus: The future may see a shift from identity-based politics to socio-economic goals, aligning with evolving Dalit aspirations.

Significance of dalit politics:

• Empowerment of Dalits: Independent Dalit political parties have played a pivotal role in raising the political consciousness of Dalits and advocating for their rights and dignity.
• Political Representation: These parties have been instrumental in increasing the political representation of Dalits in India, giving them a platform to voice their concerns and grievances.
• Awareness and Solidarity: The existence of independent Dalit political parties has created awareness about Dalit issues and fostered a sense of solidarity among marginalized communities.

Challenges:

• Electoral Erosion: Independent Dalit political parties are facing a gradual decline in their electoral influence, with many Dalit leaders defecting to dominant regional and national parties.
• Shifting Aspirations : Rising aspirations among Dalit communities, driven by education and affirmative action, are causing a shift from identity-based politics to socio-economic mobility aspirations. This transition poses a challenge for Dalit parties that fail to adapt.
• Competition from Mainstream Parties: Dominant national and regional parties are actively vying for Dalit voters, further challenging the influence of independent Dalit political parties.

Initiatives and schemes by Indian Government for Dalits:

• Reservation Policy: India implements reservations for SC, ST, and OBC in education and government jobs, aiming to provide opportunities for historically marginalized communities.
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act: Enacted in 1989, it legally protects Dalits and Adivasis from caste-based discrimination and violence, with strict penalties for offenders.
• Ambedkar Post-Matric Scholarship: A financial support program for Dalit and economically disadvantaged students pursuing higher education, covering tuition fees, books, and related expenses.
• Ambedkar Hastshilp Vikas Yojana (AHVY): Launched by the Ministry of Textiles, it aids Dalit artisans through training, market linkages, and financial support to promote their traditional handicrafts and skills.
• Independent Dalit parties need to redefine their political agendas by integrating socio-economic mobility with identity politics.
• Democratic functioning within these parties must be encouraged to give space to grassroots leaders.
• A multi-polar Dalit politics may emerge as leaders, cadres, and Dalit masses disperse among different political parties, emphasizing their rising political values.
• The government should continue its affirmative action policies and address the socio-economic disparities faced by Dalits.

The Controversy Surrounding White Phosphorus Munitions

Prelims level: white phosphorus

Mains level: White phosphorus munitions , applications and effects and concerns

What’s the news?

• Global human rights organizations, Amnesty International and Human Rights Watch, have accused the Israel Defense Forces (IDF) of using white phosphorus munitions in densely populated areas in Gaza and Lebanon.
• Global human rights organizations, Amnesty International and Human Rights Watch, have accused the Israel Defense Forces (IDF) of using white phosphorus munitions in Gaza and Lebanon, allegedly in violation of International Humanitarian Law (IHL). The use of such munitions in densely populated areas raises serious concerns about civilian safety, though the IDF has vehemently denied these allegations.

White Phosphorus: A Pyrophoric Substance

• White phosphorus is categorized as a pyrophoric substance, meaning it spontaneously ignites when exposed to oxygen, emitting intense heat and thick smoke. I
• It is classified under Pyrophoric solids, category 1 in the Globally Harmonized System of Classification and Labeling of Chemicals, indicating its high level of instability.
• White phosphorus is also distinguishable by its garlic-like odor.

What are the military uses of white phosphorus?

• Smokescreen: White phosphorus is dispersed in artillery shells, bombs, and rockets to create a smokescreen. This smokescreen serves as a visual obscurant, making it difficult for enemy forces to see and target troops or vehicles. It provides cover for troop movements and other tactical operations.
• Visual Obscurant: In addition to obscuring visibility, the smoke generated by white phosphorus can disrupt the enemy’s ability to use infrared optics and sensors, which are commonly used in guided missile systems.
• Incendiary Weapon: White phosphorus can also be used as an incendiary weapon, as demonstrated during the second battle of Fallujah in Iraq in 2004.

How harmful is white phosphorus?

• Severe Burns: Upon exposure to white phosphorus, it can cause severe burns, often reaching down to the bone. Even burns covering as little as 10 percent of the body can be fatal, according to Human Rights Watch.
• Respiratory Damage: Inhaling white phosphorus particles or smoke can lead to respiratory damage and harm to internal organs. This inhalation can have long-term health consequences for those exposed.
• Impaired Mobility: Survivors of white phosphorus burns often experience a lifetime of suffering, including impaired mobility and painful, disfiguring scars.
• Environmental Damage: Beyond its effects on individuals, white phosphorus can cause extensive environmental damage. It can ignite fires that devastate infrastructure, property, and crops, potentially leading to significant economic and ecological consequences.

Historical Use of White Phosphorus Munitions

• White phosphorus munitions have a long history of use, dating back to late 19th-century Irish nationalists.
• They were extensively used in World War I and have since appeared in various conflicts worldwide, including the Normandy invasion in World War II, the US invasion of Iraq in 2004, and the Nagorno-Karabakh conflict.
• Most recently, accusations arose regarding Russia’s use of white phosphorus bombs during the invasion of Ukraine.

Legal status of white phosphorus munitions

• White phosphorus munitions are not globally banned but are subject to regulation under international humanitarian law (IHL).
• They are not categorized as chemical weapons because their primary function is based on heat and smoke production rather than inherent toxicity.
• The legal framework governing their use is the Convention on Conventional Weapons (CCW), specifically Protocol III, which addresses incendiary weapons.
• While some countries like Palestine and Lebanon have ratified Protocol III and are bound by its regulations, Israel has not ratified it.
• Protocol III has certain limitations and loopholes. It restricts the use of airdropped incendiary weapons in areas with concentrations of civilians but does not entirely ban ground-launched incendiary weapons in such areas.
• The protocol’s definition of incendiary weapons includes those primarily designed to set fire to and burn people, potentially excluding multipurpose munitions containing white phosphorus, as they are considered primarily smoking agents.
• The controversy surrounding white phosphorus munitions highlights the urgent need for a comprehensive reevaluation of the regulations governing their use in armed conflicts. International Humanitarian Law must evolve to address the potential harm these munitions can inflict on civilians and the environment, ensuring a safer and more just world for all.

GANHRI defers accreditation of India’s NHRC

Prelims level: GANHRI, NHRC

Mains level: Alleged HR violations in India, Western propaganda behind

The Global Alliance of National Human Rights Institutions (GANHRI), a UN-recognized organization, has deferred the accreditation of India’s National Human Rights Commission ( NHRC-India ) for the second time in a decade.

Reasons for India’s Deferment

The GANHRI’s letter to the NHRC cited several reasons for the deferment of accreditation, including:

• Lack of Cooperation: The NHRC’s poor cooperation with civil society was criticized, hindering its effectiveness in protecting human rights.
• Lack of Diversity: The GANHRI highlighted the lack of diversity in staff and leadership positions within the NHRC.
• Insufficient Protection of Marginalized Groups: The NHRC was found to have taken insufficient action to protect marginalized groups, contrary to the U.N.’s principles on national institutions (the ‘Paris Principles).

Concerns highlighted against India

• Many NGOs such as Amnesty International, Front Line Defenders etc. wrote a joint letter to GANHRI expressing their objections to NHRC India’s ‘A’ rank.
• They highlighted the commission’s failure to protect marginalized communities, religious minorities, and human rights defenders.
• The letter emphasized that the NHRC’s functioning has regressed since 2017, undermining its independence and adherence to the Paris Principles.

Paris Principles and Accreditation Criteria

The United Nations’ Paris Principles, adopted in 1993, serve as international benchmarks for accrediting National Human Rights Institutions (NHRIs). The Paris Principles outline six main criteria that NHRIs must meet:

• Mandate and Competence: NHRIs should have a clear mandate and the necessary expertise to protect human rights effectively.
• Autonomy from Government: NHRIs must operate independently from government influence or control.
• Independence: NHRIs should have their independence guaranteed by a statute or constitution.
• Pluralism: NHRIs should ensure diversity and inclusivity in their staffing and leadership positions.
• Adequate Resources: NHRIs should have sufficient resources to carry out their mandated functions effectively.
• Powers of Investigation: NHRIs should possess adequate investigative powers to address human rights violations.

Background of NHRC-India

• The NHRC-India was established under the Protection of Human Rights Act enacted by Parliament in 1993.
• It has held ‘A’ status accreditation since the beginning of the NHRI accreditation process in 1999, which it retained in 2006, 2011, and 2017, despite a previous deferment.
• This status allows participation in the work and decision-making of GANHRI, the Human Rights Council, and other U.N. mechanisms

Response from India

• The NHRC clarified that the deferment by the Sub Committee on Accreditation (SCA) does not affect its current ‘A’ status accreditation and associated privileges.
• The reaccreditation process is still ongoing, and the SCA has recommended advocating with the government and Parliamentarians for legislative amendments to improve compliance with the Paris Principles.
• The NHRC assured that they have addressed most of the issues raised by the SCA and will submit a response shortly as part of the ongoing process.

Way Forward

To address the concerns raised by GANHRI and human rights organizations, the NHRC-India should take the following steps:

• Strengthen Independence: Ensure that the NHRC operates independently without political interference, safeguarding its credibility and effectiveness.
• Promote Diversity: Take measures to enhance diversity in staffing and leadership positions within the NHRC to ensure a broader representation of society.
• Improve Protection of Marginalized Groups: Develop comprehensive strategies and policies to provide effective protection and support to marginalized communities, religious minorities, and human rights defenders.
• Address Legislative Amendments: Actively engage with the government and Parliamentarians to advocate for necessary legislative amendments that align with the Paris Principles and enhance compliance with international human rights standards.
• By implementing these measures, the NHRC-India can strengthen its functioning, regain the confidence of GANHRI and human rights organizations, and ensure the effective protection of human rights in India.

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Private: International Organization of Migration

Decriminalization of adultery and the duty and discipline.

Prelims level: Article 33

Mains level: Decriminalization of Adultery

• The Supreme Court of India decriminalized adultery in 2018, but the Union of India sought clarification from the Court concerning its implementation in the armed forces. The court’s observations suggest that the armed forces may still discipline for adulterous acts under their special legislations. However, recent court cases show that an act must have some nexus with the discharge of duties to be considered misconduct, and private affairs cannot be subjected to moral policing under the Service Conduct Rules or Article 33 of the Constitution.

What is mean by Adultery?

• Adultery is a term used to describe a consensual sexual relationship between a married person and someone who is not their spouse.
• It is generally considered to be a breach of marital fidelity and can have legal, social, and religious consequences.
• In some societies and cultures, adultery is considered a crime or a sin, while in others it may not be explicitly prohibited but is still frowned upon or considered morally wrong.

Adultery In the Indian context

• Joseph Shine v. Union of India: Adultery was a criminal offense under Section 497 of the Indian Penal Code (IPC) until September 2018, when the Supreme Court of India decriminalized it in a landmark judgment in Joseph Shine v. Union of India.
• Law applied to men only: Before the judgment, adultery was punishable by up to five years of imprisonment or a fine or both, and the law only applied to men who had sexual relations with someone’s wife without the husband’s consent.
• Law did not consider women as an offender: The law did not consider a woman who had an affair with a married man as an offender or the husband as a victim.

What is Article 33?

• Fundamental rights of armed forces personnel can be curtailed by law for discipline: It empowers the Parliament to restrict or modify the fundamental rights of armed forces personnel, including members of the Army, Navy, and Air Force, to ensure the proper discharge of their duties and the maintenance of discipline among them. This means that the fundamental rights of armed forces personnel can be curtailed or modified by law to the extent that it does not hinder their duties or impact discipline.
• Laws may be different from the general laws: The article gives special powers to Parliament to make laws that may not necessarily be in line with the fundamental rights guaranteed to Indian citizens under the Constitution. These laws may be different from the general laws applicable to Indian citizens, and their enforcement may be specific to the armed forces personnel.
• Application: The article applies not only to the armed forces personnel but also to members of the police force and intelligence agencies involved in maintaining public order. However, the restrictions imposed on these personnel should be in line with the principles of the Constitution and not infringe on their right to privacy or other fundamental rights.

Decriminalization of Adultery

• Civil wrong: In 2018, The Joseph Shine judgment removed the criminalization of adultery and declared it a civil wrong that can be a ground for divorce.
• State should not interfere in matters of personal relationship: The judgment recognized that the right to choose one’s partner and engage in consensual sexual relations is a fundamental right and that the state should not interfere in matters of personal relationships between consenting adults.
• Violation of fundamental Rights: The provisions were found to be violative of Articles 14, 15, and 21 of the Constitution of India.

Recent Court Cases

• Rajasthan High Court: In Mahesh Chand Sharma versus State of Rajasthan and Others (2019).
• The court set aside departmental proceedings against a police inspector who allegedly had illicit relations with a woman constable and had a child from illicit relations.
• The court held that no employer could do moral policing on its employees beyond the domain of their public life.
• Gujarat High Court: In Maheshbhai Bhurjibhai Damor versus State of Gujarat and 3 other(s) (2022).
• The court quashed and set aside the dismissal order of an armed police constable arising from allegations that he had developed illicit relations with a widow.
• The court held that allegations of misconduct must have some nexus with the duties to be performed by the government servant.
• Private affairs cannot be subjected to moral policing under the Service Conduct Rules or Article 33 of the Constitution.

Government’s argument

• Sought clarification: The Union of India sought clarification from the Court on implementing the decriminalization of adultery in the armed forces.
• Special legislations must govern: The Union of India argued that special legislations, such as the Army Act, Air Force Act, and Navy Act, should govern promiscuous or adulterous acts among members of the armed forces.
• The recent court cases show that the decriminalization of adultery does not inhibit the parameters of departmental proceedings or enlarge them. Private affairs cannot be subjected to moral policing under the Service Conduct Rules or Article 33 of the Constitution unless it has some nexus with their duties. The sacrosanct right to privacy available to the members of the armed forces cannot be taken away unless it interferes with the discharge of duties.

Mains Question

Q. What is mean by Adultery? The Supreme Court of India decriminalized adultery in 2018. Discuss the reasons for doing so?

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Voting Rights of Migrant Workers

Mains level: Migrants and their problems

• It is very worrying that a third of the eligible voters, a whopping 30 crore people, do not vote. Among the many reasons, including urban apathy and geographical constraints, one prominent reason is the inability of internal migrants to vote for different reasons.

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What are the efforts by election commission to address the problem?

• Committee of Officers on Domestic Migrants: The Election Commission had earlier formed a “Committee of Officers on Domestic Migrants” to address this issue. The Committee’s report submitted in 2016 suggested a solution in the form of “remote voting”.
• All party representative: To further address this serious problem, the EC invited representatives from all recognised national and state political parties to discuss the legal, administrative, and statutory changes to resolve the issue.
• All party consensus: The discussion took place in the presence of a technical expert committee. It is important to recall that the last major decision about the voting system was the introduction of Voter Verifiable Paper Audit Trail (VVPAT), with the consensus of all political parties in 2010.

Migrant workers and their voting rights

• Least represented group: The Constitution guarantees freedom of movement to every citizen and freedom to reside in any part of the country. However, migrant workers, especially circular or short-term migrants, constituting tens of millions of citizens are some of the least represented groups in the ballot.
• Lack of access to vote: The issue of disenfranchisement faced by migrant workers is not one arising out of deliberate denial of the right to vote, but for lack of access to vote.
• Fundamental right: The Supreme Court, in a series of cases, has conclusively interpreted the freedom to access the vote as within the ambit of Article 19(1)(a).

Problems related to migrant workers and Voting

• Large scale migration: According to the 2011 Census, the number of internal migrants stands at 450 million, a 45 per cent surge from the 2001 census. Among these, 26 per cent of the migration (117 million) occurs inter-district within the same state, while 12 per cent of the migration (54 million) occurs inter-state.
• Alienation by residency criteria: The root cause of the migrant voters’ issue is that the individual’s inalienable right to vote is conditioned by a rather strict residency qualification. As a consequence, it tends to disenfranchise the migrant population.
• 60% migrants could not vote: In the survey report, ‘Political inclusion of Seasonal Migrant Workers in India: Perceptions, Realities and Challenges’ by Aajeevika Bureau, it was found that “close to 60 per cent of respondents had missed voting in elections at least once because they were away from home seeking livelihood options”.

What is the way forward?

• Electronically Transmitted Postal Ballot System: Section 60(c) of the Representation of People Act, 1951 empowers the Election Commission of India, in consultation with the government, to notify “classes” of voters who are unable to vote in person at their constituencies owing to their physical or social circumstances. Once notified, the voters are eligible for the ETPB system (Electronically Transmitted Postal Ballot System). In the 2019 general elections, the ETPB system was accessed by 18 lakh defence personnel across the country.
• Postal ballots for migrants: In 2019, in the backdrop of a PIL before the Supreme Court, a bill was floated to extend a similar remote voting possibility to over 10 million adult NRIs in order to “boost their participation in nation-building”. In the 2019 Lok Sabha elections, more than 28 lakh votes were received via postal ballots.
• Migrants are also equal citizens: In the existing system, remote voting within the constituency by voting via postal ballot is available to senior citizens, people with disabilities, and Covid-affected personnel. The postal ballot voting outside the constituency is available only to service voters, persons on election duty and persons on preventive detention. The Indian migrant worker too deserves the secured right to have access to vote through some mechanism.
• Remote electronic voting machine: The Election Commission has proposed the use of remote voting for migrant workers wherein a modified version of the existing model of M3 EVMs will be placed at remote polling stations. In fact, the Electronic Corporation of India Ltd. has already developed a prototype of a Multi-constituency Remote EVM (RVM) a modified version of the existing EVM which can handle 72 constituencies in a single remote polling booth. Technical details will be available only after the crucial demonstration.
• Migrant workers are also the equal citizens of the country. Social-economic and structural barriers should not the hurdle in there right to vote. Election commission of India has taken the step in the right direction. However, consensus needs to be built over the voting rights of migrants.

Q. What are the problems faced by migrant workers in exercise of there voting rights? What is the way forward towards ensuring voting rights to migrants?

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Towards better Prison architecture

Mains level: Status of prisons in India and associated challenges

• Lieutenant-Governor of Delhi (L-G) Vinay Kumar Saxena directed the Delhi Development Authority (DDA) to allocate 1.6 lakh square metres of land to Delhi’s prison department to construct a district prison complex in Narela.

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Background : Recent prison reform debate

• Speech by president of India: At the Constitution Day celebrations organised by the Supreme Court in November 2022, President Draupadi Murmu shared a snippet of her journey with the audience.
• Prisoners unaware of their rights: She reflected on her visits to prisons across India and the circumstances of those incarcerated. She highlighted that these individuals were often unaware of their fundamental rights and had been incarcerated for prolonged periods for minor offences, while their families, struggling with poverty, were unable to bail them out.
• All organs of state must work together: President Murmu emphasised how the judiciary, executive, and legislature must work together to help them, and concluded by poignantly asking: How are we claiming that we are progressing as a nation, if we are still building prisons to address the issue of overcrowding?

What is the problematic architecture of Prison?

• High security prison in Delhi: In phase 1, which is expected to be completed by April 2024, a high-security jail is to be built in the complex with a capacity to lodge 250 high-risk prisoners.
• Stringent security measures: The prison administration has incorporated stringent security measures in the design such as constructing high walls between cells to prevent inmates from viewing others, and interacting with each other, as well as building office spaces between cells to facilitate surveillance.
• Intention of torture: Architecture of prisons is often used as a tool to surveillance, torture, and break the souls of inmates.
• Physical and mental health of prisoners: With this prison design, the Delhi prison administration is essentially creating solitary confinement which will have a severe detrimental effect on prisoners’ mental health.

Present condition of prisons in India

• Governed by colonial act: Prisons in India are still governed by the Prisons Act, 1894, a colonial legislation which treats prisoners as sub-par citizens, and provides the legal basis for punishment to be retributive, rather than rehabilitative.
• Caste biases in laws: These laws are also highly casteist, and remain largely unchanged since they were drafted by the British. For example, some jail manuals continue to focus on purity as prescribed by the caste system, and assign work in prison based on the prisoner’s caste identity.
• Colonial mindset in prison governance: Organisations such as the Vidhi Centre of Legal Policy have taken us one step further in identifying colonial legal continuities that India must shred, and the manner in which she can do so.
• SC/ST community suffers more: Furthermore, Dalits and Adivasis are over-represented in Indian prisons. The National Dalit Movement for Justice and the National Centre for Dalit Human Rights’ report ‘Criminal Justice in the Shadow of Caste’ explains the social, systemic, legal, and political barriers that contribute to this. Legislations such as the Habitual Offenders Act and Beggary Laws allow the police to target them for reported crimes.

What should be way forward?

• Preventive measures are necessary: We must take preventive measures before we realise that we have travelled far down this road, and have subjected several people to unnecessary trauma and confinement.
• Prison reforms rather than more prisons: With the warning signs beseeching us, we must amplify President Murmu’s message on the need to de-carcerate and stop building more prisons, so that the L-G takes adequate steps in that direction.
• Many prisoners in India continue to suffer for petty crimes just because of lack education and legal assistance. More than 70% of them are economically poor people. Government must address the false cases by police and judicial delay before building more prisons.

Q. Critically examine the present condition of prisons in India? prisons reform should be prior step than building more prisons. Comment.

Personal freedom and the panel on Intercaste/Interfaith Marriages

Prelims level: Right to life, right to marriage, Associated Constitutional provisions

Mains level: Intercaste/ Interfaith marriages, legislation and issues of freedom of choice and religion

• Following a report in this newspaper, the Maharashtra government has decided to limit the mandate of the recently constituted Intercaste/Interfaith Marriage-Family Coordination Committee (state level) to gathering information on interfaith marriages.

Intercaste/Interfaith Marriage-Family Coordination Committee

• Work under Women and child development: The renamed Interfaith Marriage-Family Coordination Committee will be under the state Women and Child Development Ministry.
• Will Track frauds: The committee besides providing support and rehabilitation, when necessary, ostensibly track fraud committed in the name of love jihad.
• Development come after walker case: The development came after the Shraddha Walkar case came to light in November. Walkar, 26, was murdered by her live-in partner Aaftab Poonawalla in May, 2022
• Other states with anti-conversion legislation: With states such as Uttar Pradesh and Uttarakhand already having brought in anti-conversion legislation.

What is love jihad?

• “Love jihad” is a term often used by activists to allege a ploy by Muslim men to lure Hindu women into religious conversion through marriage.

How the initiative will work?

• Will collect and keep details of interfaith marriages and ensure communication: This initiative will provide a platform for the women in intercaste/interfaith marriages and their families to access counselling, and communicate or resolve issues.
• Committee will hold regular meetings: The committee has been assigned to hold meetings with district officials, and review work on seven parameters, including, gathering information about interfaith or inter-caste marriages from stamp duty and registrar offices, and collect information on such registered or unregistered marriages, among others.

What are the concerns raised?

• Control over the lives of individual citizens: Such vigilance remains yet another indication of the State’s disproportionately burgeoning and utterly unacceptable interest in, and demand for, control over the lives of individual citizens.
• Denial of women’s own choice: It is not just violative of one’s rights of freedom and equality, it also reeks of misogyny in its steadfast denial of a woman’s choice of partner as her own free will and not an act of coercion.
• Committee can be armed: There is the IPC for all genuine complaints so the committee could be weaponised.
• It will limit the freedoms of men and women: In every aspect, monitoring of a citizen’s life for her own supposed benefit is a cautionary tale, a limitation of the freedoms of men and women, designed to deter them from leading fuller, freer lives.

Basics: Right to Marriage

• Comes under Right to life: The right to marry is a part of the right to life under Article 21 of the Indian Constitution.
• As an integral part of Right to Life: Various courts across the country have also interpreted the right to marry as an integral part of the right to life under Article 21.
• Stated under Human rights Charter: The right to marriage is also stated under Human Rights Charter within the meaning of the right to start a family.
• Universal right: The right to marry is a universal right and it is available to everyone irrespective of their gender.
• Forced marriage is illegal: A forced marriage is illegal in different personal laws on marriage in India, with the right to marry recognized under the Hindu laws as well as Muslim laws.

How is religious freedom protected under the Constitution?

• Article 25(1) of the Constitution guarantees the “freedom of conscience and the right freely to profess, practise and propagate religion”.
• It is a right that guarantees a negative liberty which means that the state shall ensure that there is no interference or obstacle to exercise this freedom.
• However, like all fundamental rights, the state can restrict the right for grounds of public order, decency, morality, health and other state interests.
• The marriage between politics and communalism is not a new phenomenon but to try to inhibit that idea of openness and possibility by casting communal aspersions on personal choice might be a travesty. There needs an innovative and inclusive approach to address the issues arise out of interfaith marriages.

Mains question

Q. Recently the Maharashtra government has set up a panel named “Intercaste/Interfaith marriage-family coordination committee (state level)” to gather information about couples in such marriages. Discuss the utility and concerns of such initiative?

Religious conversion and Fundamental right to freedom of religion

Prelims level: Fundamental right to freedom of religion

Mains level: Isuues of forced religious conversion and Fundamental right to freedom of religion

• While hearing a petition seeking a ban on forced conversions, Division Bench judge of the apex court said, “The purpose of charity should not be conversion. Every charity or good work is welcome, but what is required to be considered is the intention,” The observation, loaded with significant implications, is to be considered in the light of the provisions of the Constitution relating to people’s fundamental right to freedom of religion, its legislative history and judicial interpretation.

Fundamental right to freedom of religion

• Right to freedom of thought, conscience and religion before the constitution of India: The Universal Declaration of Human Rights 1948, which was before the makers of the future Constitution for independent India had proclaimed: “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance” [Article 18].
• Extensive debate on religious freedom as a people’s right in the Constituent Assembly: Keeping this in mind, religious freedom as a people’s right was repeatedly debated in the Constituent Assembly. In cognisance of Christianity’s traditions of evangelism and proselytisation, it was to include the right to propagate religion.

Journey of a Right to freedom of religion before and after The Constitution

• British rulers facilitated conversion to their religion: The British rulers of India, who were never shy of introducing measures to facilitate the conversion of others to their faith.
• British rulers enacted Native Converts Marriage Dissolution Act in 1866: They had enacted in 1866 a Native Converts Marriage Dissolution Act to provide the facility of divorce to married Indians who converted to Christianity and were thereupon deserted by their non-converting spouses.
• The Act recently dropped which was once thought to by the law commission of India: After Independence, the Law Commission of India recommended that this Act be revised to make it a general law on the effect of post-marriage change of religion, but the government did not take any action on it. The original Act remained in force till recently but was eventually dropped from the statute book by the Repealing and Amending Act of 2017.
• Alerted by the missionaries’ princely states enforced anti conversion laws: Alerted by the missionaries’ evangelistic activities, several princely states of the pre-Independence era had enforced anti-conversion laws Raigarh, Udaipur and Bikaner among them.
• Constitution Bench in case where state freedom of religion Acts was challenged: During 1967-68, state legislatures in Orissa and Madhya Pradesh enacted similar laws, both ostensibly titled as Freedom of Religion Act. Christian leaders lost no time in challenging their constitutional validity in the Supreme Court. Heading a Constitution Bench, Chief Justice of the time AN Ray, argued that converting people interfered with their religious freedom and held that Article 25 granted “not the right to convert another person to one’s own religion but (only) to transmit and spread one’s religion by an exposition of its tenets” .
• The Constitution Bench decision inspired some other states to enact similar laws: Beginning with the Arunachal Pradesh Freedom of Religion Act 1978. Today there are such laws in about half of our states. Some of these have been either newly enacted or made more stringent, since the beginning of the present political dispensation in 2014. All of them prohibit converting people from one to another religion without their free will and, to indicate this, use various expressions like force, fraud, inducement and allurement.
• Drafts on the conversion: While the first draft of the future Constitution proposed to restrain conversion except by one’s own free will, the second was to recognise the “right to preach and convert within limits compatible with public order and morality.”
• Constitution recognised the right to propagate: Eventually, the Constitution recognised the right to propagate, along with freedom of conscience and the right to profess and practice, one’s religion as people’s fundamental right. Prima facie, individuals’ right to forsake their religion by birth and embrace another faith was integral to freedom of conscience
• Supreme Courts observations regarding the right to propagate : As regards the propagation of religion, in two cases decided in 1954, the apex court observed that Article 25 covered every individual’s right “to propagate his religious views for the edification of others” (RP Gandhi) and that “it is the propagation of belief that is protected, no matter whether the propagation takes place in a church or monastery, or in a temple or parlour meeting” (Shirur Math).

Do you know this interesting news?

• The Bombay High Court has recently held that the freedom of conscience of a person “includes a right to openly say that he does not believe in any religion”

Mahatma Gandhi’s view on freedom of religion

• Mahatma Gandhi once said that “all faiths are equally true though equally imperfect”
• He had pleaded that, instead of converting others to one’s own faith, “our innermost prayer should be that a Hindu should be a better Hindu, a Muslim a better Muslim and a Christian a better Christian” (Young India, 1924).
• He had also once said: “If I had power and could legislate I should stop all proselytising” (Harijan, 1935).
• It is a right that guarantees a negative liberty — which means that the state shall ensure that there is no interference or obstacle to exercise this freedom.
• An observation made by the Supreme Court on “forced conversions” is to be considered in the light of the provisions of the Constitution relating to people’s fundamental right to freedom of religion, its legislative history and judicial interpretation and set the future roadmap to make. Pluralism and inclusiveness are characterized by religious freedom. Its purpose is to promote social harmony and diversity.

Q. What is Fundamental right to freedom of religion? What was Mahatma Gandhi’s view on religion? How it is interpreted in the constitution of India?

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Migrant workers in India

Mains level: Human Migration: Reasons and Impact

• India has used Aadhaar (digital identity) and UPI (digital payments) extensively to address the challenges of identification and financial inclusion in social protection delivery, particularly in the case of migrants.

Who is a migrant worker?

• A “migrant worker” is a person who either migrates within their home country or outside it to pursue work.
• Usually, migrant workers do not have the intention to stay permanently in the country or region in which they work.
• As per the census 2011, the total number of internal migrants in India is 36 crore or 37% of the country’s population.
• The Economic Survey pegged the size of the migrant workforce at roughly  20 percent or over 10 crores  in 2016.

What are the problems faced by migrants?

• Issues with finding local Employment: Most migrant workers have a seasonal nature of employment. During off-seasons, they struggle to feed their families. Repeated lockdowns made situations more difficult for migrants to find jobs in their localities. They faced travel restrictions which hindered their job search as well.
• Lack of Insurance Benefits in a Pandemic Environment : Migrant workers work in precarious conditions with little wages and no access to government schemes and services. Poor and unsafe working and living conditions make them prone to diseases. Greater threats of occupational illnesses, nutritional diseases, alcoholism, HIV, and communicable diseases are rampant in the migrant workforce.
• Issue of timely and Fair Payment of Wages : The informal workforce in India consists of more than 150.6 million regular and daily wage earners. Most of these workers are unaware of their rights as ‘migrant workers. Many unscrupulous agents coerce them and don’t pay minimum wages as per law.
• Lack of portability of benefits : Migrants registered to claim access to benefits at one location lose access upon migration to a different location. This is especially true of access to entitlements under the PDS.  The ration card required to access benefits under the PDS is issued by state governments and is not portable across states.  This system excludes inter-state migrants from the PDS unless they surrender their card from the home state and get a new one from the host state.
• Lack of affordable housing : The proportion of migrants in urban population is 47%. In 2015, the Ministry of Housing and Urban Affairs identified migrants in urban areas as the largest population needing housing in cities. There is inadequate supply of low-income ownership and rental housing options.

Government steps for migrant workers

• Pradhan Mantri Garib Kalyan Yojana : After the lockdown, Pradhan Mantri Garib Kalyan Yojana with a financial package of Rs. 1.7 lakh crore was launched to help poor, needy, and unorganized sector workers of the country.
• PM SVANidhi Scheme : PM SVANidhi Scheme was launched to facilitate collateral-free working capital loans up to Rs.10,000/- of one-year tenure, to approximately, 50 lakh street vendors, to resume their businesses.
• Pradhan Mantri Garib Kalyan Rojgar Abhiyan : In order to facilitate the employment of migrant workers who have gone back to their home state, Pradhan Mantri Garib Kalyan Rojgar Abhiyan was initiated in 116 districts in Mission Mode.
• State migrant cell : Migrant workers’ Cell is being created to prepare a database of migrant workers in states with mapping.
• eShram portal : It is a national database created to register the unorganised workers in the country, including the migrant workers.
• National policy on migrant workers : NITI Aayog has been mandated to prepare a draft national policy on migrant workers to reimagine labour-capital relations while integrating the  migrant  workers within the formal workforce.

How technology could provide Solutions?

• Providing digital public infrastructure (DPI):  Digital public infrastructure systems that enable the effective provision of essential society-wide functions and services  can enable a paradigm shift, allowing governments to co-create solutions with the private sector and civil society.
• Adopting Public private partnership models : There are three key areas where DPI can enable public-private partnerships (PPP) in the delivery of social protection of migrants,
• Awareness of entitlements : One barrier faced at the initial stage is lack of awareness of entitlements or of the need to reapply, when migrants move from one state to another. Jan Saathi is an application that provides migrants withinformation on eligible social security schemes. Organisations such as Haqdarshak not only inform potential beneficiaries about their eligibility for various schemes, Central or State, but also help them avail entitlements.
• Information about livelihoods and housing : The informal nature of the labour market makes access to affordable and safe living conditions a challenge, especially if the family migrates as a unit. Ministry of Housing and Urban Affairshas introduced the Affordable Rental Housing Complexes under PMAY-Urban but the availability of such facilities is inadequate compared to the number of migrants. Bandhu’s ecosystem of applications connect migrant workers directly with employers and housing providers, to give them more informed choices. Jobsgaar and MyRojgaar also play a similar role by connecting workers to employers.
• Healthy Grievance redressal Mechanism : Gram Vaani bridges the gap in grievance redressal by providing a platform where citizens can use Interactive Voice Response (IVR) to record their grievance in accessing entitlements. Aajeevika Bureau and The Working People’s Charter built the India Labourline to provide legal aid and mediation services to migrant workers.
• Adopting a well-designed data : While a growing ecosystem of private players (NGOs, civil society organisations, not-for-profit and for-profit entities) are addressing these needs, well designed data exchanges can help unlock a strong public-private collaboration in the delivery of social protection.

What more government can do to address the issue of migrants?

• Creating centralized data: The state’s digital efforts are often in siloes and the need to maximize the use of data across schemes and departments is a high priority.
• E-Shram : Initiatives such as direct benefit transfers and linking schemes for the portability of entitlements have shown promise. e-Shram, which is a national database of unorganized workers, aims to reduce access barriers to social protection for migrants.
• Making portable entitlement: Recent announcements of API-based integration of e-Shram with the various state government labor departments and with the One Nation One Ration Card scheme are a step in that direction.
• Working with the private sector : Enabling linkages of migrant data with the private sector can lead to benefits on the demand side, in the form of reduced transaction costs in identifying jobs, affordable housing, and redressal of grievances.
• Engaging the private sector : Private players who have established relationships with these mobile populations can help the state in planning and forecasting the demand for benefits. An example of this is the digital payment ecosystem since the introduction of UPI.
• Digital technologies have potential solutions to problems and transform the livelihood of migrants. The need for adequate data protection and safeguards is essential for the implementation of any such initiative.

Mains Question Q.Enlist the problem faced by migrant workers? Elaborate on how use of technology can solve the many problems of migrants.

Why India Inc. needs a neurodiverse workplace ?

Mains level: human right of neuro-diverse people

• Discrimination in employment is a worldwide phenomenon. Gender, ethnic, racist discrimination are well known but discrimination towards neurodiverse persons are hardly debated in public forums. Despite having special abilities companies are not using their potentials.

What is neurodiversity?

• Harvard Health Publishing defines, neurodiversity as a notion that every person interacts and experiences their surroundings differently; there is no right way of thinking, learning, or/and behaving. These differences should not be construed as defects or disorders.

What is a neuro-diverse workplace?

• Neurodiversity in the workplace refers to including people with neuro-divergent conditions such as attention-deficit/hyperactivity disorder, autism spectrum disorders, dyslexia, dyspraxia, dyscalculia and Asperger’s Syndrome.

What are those Conditions that make them different from normal humans?

• Autism: A mental condition in which a person finds it difficult to communicate or form relationships with other people. Signs of autism include not responding to their name, avoiding eye contact, not smiling when you smile at them.
• Dyslexia: a difficulty that some people have with reading and spelling signs include confusion over letters that look similar and putting letters the wrong way round , confusing the order of letters in words, reading slowly or making errors when reading aloud
• Asperger’s syndrome: A developmental disorder related to autism and characterized by awkwardness in social interaction, pedantry in speech, and preoccupation with very narrow interests. Less severe symptoms than Autism syndrome.
• Dyscalculia: A brain disorder in which a wide range of difficulties with math, including weaknesses in understanding the meaning of numbers, and difficulty applying mathematical principles to solve problems.

How they can be naturally efficient and creative?

• More efficient: Studies have shown that teams with both neurodivergent and neurotypical members are far more efficient than teams that comprise neurotypical employees alone.
• Ability to focus: Neurodivergent individuals possess excellent attention to detail and an uncanny ability to focus on complex and repetitive tasks over a more extended period than their neurotypical peers.
• Ability to work at faster speed: A study by the University of Montreal found that in a test involving completing a visual pattern, people on the autism spectrum could finish their task 40% faster than those who were not on the spectrum.
• Robust spatial reasoning : People with dyslexia can think about objects in three dimensions and analyses such objects even with limited information.
• Out of box thinking : They have problem-solving capabilities which allow them to see multiple solutions to a problem. They are often out-of-the-box thinkers with average or above-average intelligence.

Current Status of people living with neurodivergent conditions

• People suffer with the Condition: According to a recent report, nearly 2 million people in India suffer from this neurological and developmental disorder and are therefore identified as autistic. Another study by Deloitte estimates that nearly 20% of the world is neurodiverse. In the U.S., it is estimated that 85% of people on the autism spectrum are unemployed compared with 4.2% of the overall population
• Discrimination at employment : Even with all the necessary skill sets and degrees, these persons are denied a job because they may react to situations differently from non-neurodiverse persons.
• Lack of awareness: Lack of awareness about neurodivergent conditions, and how the people with condition may react and lack of and accommodating environment. Hence, there is an urgency to create a work environment that welcomes neurodiverse individuals .

Current work profile of companies and workplaces

• A 2019 McKinsey study revealed that companies with gender diversity were 25% more likely to have above-average profitability while those with ethnic diversity out-rival their competitors by 36%.
• Another report titled ‘India’s Best Workplaces in Diversity, Equity & Inclusion 2021’ states that diverse teams perform better, boost leadership integrity, heighten trust in the organization’s management and multiply revenue growth.

Few Examples show that things are changing

• Competitive environment : Organisations embracing neurodiversity enjoy a competitive edge in several areas such as efficiency, creativity, and culture.
• Various MNC’s hiring program : Companies such as Deloitte, Microsoft, SAP, JPMorgan Chase, and E&Y have introduced neurodiversity hiring programs.
• Indian company: Indian-origin companies Hatti Kaapi and Lemon Tree Hotels have also included a neurodiverse workforce.

What can be done to create more inclusive workplaces?

• Creating neurodivergent friendly offices : .Many employees with neurodiversity may find the hustle and bustle of a traditional office disturbing. Therefore, neurodivergent friendly offices catering to the employees’ diverse sensory responses can help ensure that these employees are comfortable in office spaces.
• Openness: Creating the right environment is an ever-evolving exercise that requires openness and a will to change on the employer’s part. This flexibility can result in exceptional benefit with minimal or no additional costs.
• Wider Inclusivity : To ensure higher profitability and be respected as a responsible employer globally, companies need to widen their definition of inclusivity by providing higher participation of a neurodiverse workforce.
• Organizations must not only remove barriers that obstruct the progress of such individuals but also create conducive conditions for them to achieve their true potential and providing proper infrastructure so that they can perform at their optimal levels.

Mains Question Q. People with neurodiversity are discriminated not only socially but also economically, Comment. What measures could be taken to bridge this gap within the society?

UN slams Sri Lanka’s human rights record

Prelims level: UNHRC

Mains level: Economic crisis in Sri Lanka

Linking Sri Lanka’s past on human rights record to its current economic crisis, the UN Human Rights Chief on said “impunity” for human rights abuses, economic crimes, and corruption was the underlying reason for the country’s collapse.

UNHRC report on Sri Lanka

• The UNHRC report warned that Sri Lanka’s failure to address human rights violations and war crimes committed in the past had put the country on a “dangerous path”.
• It rose that this could lead to a “recurrence” of policies and practices that gave rise to the earlier situation.
• It flagged the accelerating militarization of civilian governmental functions, a reversal of important constitutional safeguards, political obstruction of accountability, intimidation of civil society, and the use of anti-terrorism laws.
• The shrinking space for independent media and civil society and human rights organizations are also themes in the report.

The Resolution 30/1

• The resolution 30/1 launched in 2015 deals with promoting reconciliation, accountability and human rights in Sri Lanka.
• It extended an opportunity to make good on its promises for justice and offered extensive support to accomplish that objective.

Sri Lanka’s intention

• It is more than Sri Lanka has failed to – and doesn’t intend to — take the necessary, decisive, and sustainable steps necessary to achieve domestic justice and reconciliation.
• Sri Lanka has officially sought India’s help to muster support against the resolution, which it has described as “unwanted interference by powerful countries”.

Where India comes in

• The UNHRC is scheduled to hold an “interactive” session on Sri Lanka where the report was to be discussed, and member countries were to make statements.
• Country-specific resolutions against Sri Lanka have regularly come up at the UNHRC in the last decade.
• New Delhi voted against Sri Lanka in 2012 and abstained in 2014. It was spared the dilemma in 2015 when Sri Lanka joined resolution 30/1.
• With elections coming up in Tamil Nadu, and PM declaring on a recent visit that he was the first Indian leader to visit Jaffna, Sri Lanka has begun reading the tea leaves.
• Whichever way it goes, the resolution is likely to resonate in India-Sri Lanka Relations and for India internally, in the run-up to the Assembly elections in Tamil Nadu.

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UN accuses China of Uighur rights abuses

Prelims level: Uighurs

Mains level: Blatant human rights violations worldwide and lobbying against India

The UN accused China of serious human rights violations that may amount to “crimes against humanity” in a report examining a crackdown on Uighurs and other ethnic groups.

What is the leak about?

• After initially denying their existence, Beijing has claimed the facilities are vocational training schools, attended voluntarily and aimed at stamping out religious extremism.
• But the leaked documents give an insight into how leaders saw the minority population as a security threat.
• Photos appear to show officers restraining hooded and shackled inmates with batons, while other guards wearing camouflage stand by with firearms.

Who are the Uighurs?

• There are about 12 million Uighurs, mostly Muslim, living in north-western China in the region of Xinjiang, officially known as the Xinjiang Uyghur Autonomous Region (XUAR).
• The Uighurs speak their own language, similar to Turkish, and see themselves as culturally and ethnically close to Central Asian nations.
• They make up less than half of the Xinjiang population.
• In recent decades, there’s been a mass migration of Han Chinese (China’s ethnic majority) to Xinjiang, and the Uighurs feel their culture and livelihoods are under threat.
• In the early 20th Century, the Uighurs briefly declared independence, but the region was brought under complete control of mainland China’s new Communist government in 1949.

Where is Xinjiang?

• Xinjiang lies in the north-west of China and is the country’s biggest region.
• Like Tibet, it is autonomous, meaning – in theory – it has some powers of self-governance. But in practice, both face major restrictions by the central government.
• It is a mostly desert region, producing about a fifth of the world’s cotton.
• It is also rich in oil and natural gas and because of its proximity to Central Asia and Europe is seen by Beijing as an important trade link.

Try this PYQ:   Q.Very recently, in which of the following countries have lakhs of people either suffered from severe famine/acute malnutrition or died due to starvation caused by war/ethnic conflicts? (a) Angola and Zambia (b) Morocco and Tunisia (c) Venezuela and Colombia (d) Yemen and South Sudan   Post your answers here. 14 Please leave a feedback on this x

What was the build-up to the Uighur crackdown?

• Anti-Han and separatist sentiment rose in Xinjiang from the 1990s, flaring into violence on occasion.
• In 2009 some 200 people died in clashes in Xinjiang, which the Chinese blamed on Uighurs who want their own state.
• Xinjiang is now covered by a pervasive network of surveillance, including police, checkpoints, and cameras that scan everything from number plates to individual faces.
• According to Human Rights Watch, police are also using a mobile app to monitor peoples’ behaviour, such as how much electricity they are using and how often they use their front door.
• Since 2017 when President Xi Jinping issued an order saying all religions in China should be Chinese in orientation, there have been further crackdowns.

Chinese narrative

• China says the crackdown is necessary to prevent terrorism and root out Islamist extremism and the camps are an effective tool for re-educating inmates in its fight against terrorism.
• It insists that Uighur militants are waging a violent campaign for an independent state by plotting bombings, sabotage and civic unrest.
• China has dismissed claims it is trying to reduce the Uighur population through mass sterilizations as “baseless”, and says allegations of forced labor are “completely fabricated”.

Russia suspended from UN Human Rights Council membership

Prelims level: UN Human Rights Council

Mains level: Russia's expulsion from UNHRC

Russia’s membership to the Human Rights Council (UNHRC), to which it was elected in 2020, was suspended after the United Nations General Assembly (UNGA) vote.

Why was Russia suspended from UNHRC?

• Russia’s three-year term as member of the Council began on January 1, 2021.
• With membership on the Council comes a responsibility to uphold high human rights standards.
• It is this responsibility that Russia is alleged to have wilfully violated in Ukraine.

India stayed absent. Why?

• India questioned the process by which the move to suspend Russia took place given that it happened before the international probe into the massacre.
• New Delhi’s point is that it should have been brought before the Human Rights Council first, and not the UNGA, sources said.
• This is a signal to the West that due process has not been followed, something that Indian interlocutors can draw Moscow’s attention to.

About UN Human Rights Council

• The UNHRC is an inter-governmental body within the United Nations system, which is responsible for strengthening the promotion and protection of human rights around the world.
• It addresses and makes recommendations on situations of human rights violations, and can discuss all thematic human rights issues and situations.
• The UNHRC replaced the former UN Commission on Human Rights .
• It was created by the UNGA on March 15, 2006, and the body met in its first session from June 19-30, 2006.

Working of the Council

In 2007, the Council adopted an “institution-building package” to set up its procedures and mechanisms. Among these were:

• Mechanism of Universal Periodic Review to assess the human rights situations in all UN Member States.
• It has Advisory Committee that serves as the Council’s think tank providing it with expertise and advice on thematic human rights issues.
• Its Complaint Procedure , allows individuals and organisations to bring human rights violations to the Council’s attention.
• The Council also works with the UN Special Procedures established by the former Commission on Human Rights, consisting of special rapporteurs, special representatives, independent experts etc.

Membership of the Council

• The Council, which meets at the UN Office in Geneva, Switzerland, is made up of 47 UN Member States who are elected by majority vote through a direct and secret ballot at the UNGA.
• The membership of the Council is based on equitable geographical distribution .
• African and Asia-Pacific states have 13 seats each, Latin American and Caribbean states have 8 seats, Western European and other states 7 seats, and Eastern European states 6 seats.
• The members serve for three years and are not eligible for immediate re-election after serving two consecutive terms.

Leadership of the Council

• The Council has a five-person Bureau, consisting of a president and four vice-presidents, each representing one of the five regional groups.
• They serve for a year each, in accordance with the Council’s annual cycle.
• The Human Rights Council President of the 16th Cycle (2022) is Federico Villegas, who is the Permanent Representative of Argentina to the UN and other international organizations in Geneva.
• He was elected president of the Human Rights Council for 2022 in December 2021.

Meetings of the Council

• The Human Rights Council holds no fewer than three regular sessions a year, for a total of at least 10 weeks.
• These sessions take place in March (4 weeks), June (3 weeks) and September (3 weeks).
• The Council met in its latest (49th) regular session from February 28 to April 1, 2022
• If a third of the Member states requests, the Council can decide at any time to hold a special session to address human rights violations and emergencies.
• Under the presidency of Nazhat S Khan of Fiji, the Council held a record five special sessions in 2021 — on Myanmar, the Occupied Palestinian Territory and Israel, Afghanistan, Sudan, and Ethiopia.

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United Nations Refugee Convention, 1951

Prelims level: UN Refugee Convention, 1951

Model laws on asylum and refugees that were drafted by the National Human Rights Commission (NHRC) decades ago but not implemented by the government could be revised by an expert committee.

Why in news?

• India is not having a specific law for refugees and asylum-seekers.
• Though India has not signed the United Nations Refugee Convention, 1951, the refugees and asylum seekers were entitled to the rights in Articles 14, 20 and 21 of the Constitution.

UN Refugee Convention, 1951

• The 1951 Convention Relating to the Status of Refugees was the first comprehensive attempt to define refugees and charted a detailed guideline for host countries to ensure the adequate protection and preservation of the rights of all refugees.
• It puts out clearly who a refugee is and what kind of assistance, rights and legal protection a refugee is entitled to receive.
• It also lays down the obligations of refugees towards the host countries.
• The Convention also specifies certain categories of people, such as war criminals, who do not qualify for refugee status.

Definition of Refugee:

The 1951 convention defines a refugee as:

• A person who is outside his or her country of nationality or habitual residence
• Has a well-founded fear of being persecuted because of his or her race, religion, nationality, membership of a particular social group or political opinion
• Unable or unwilling to avail him— or herself of the protection of that country, or
• Unable to return there, for fear of persecution

Various Rights conferred to Refugees

• The right not to be expelled, except under certain, strictly defined conditions.
• The right not to be punished for illegal entry into the territory of a contracting State.
• The rights to work, housing, education, public relief and assistance, freedom of religion, access courts, and freedom of movement within the territory.
• The right to be issued identity and travel documents.
• The right to be protected from refoulement apply to all refugees.

Why hasn’t India signed this convention?

• Dispute over definition: Another reason why India has not signed the Convention is the narrow definition of refugee under it. For instance, it does not include deprivation of economic rights as an eligibility criterion.
• National security: It is believed that the chief reason is related to security issues.
• Porous and open borders: South Asian borders are porous and any conflict can cause a huge displacement of people.
• Cultural strain: Finally, sometimes refugees also pose a threat to law and order due to cultural differences. Ex. North East states.
• Strain on economy: An influx of people during such times can put a lot of strain on the resources of the local economy and also, it can cause an imbalance in the delicate demography of the region.
• Many inhabited refugees: India has already houses many refugees and in many cases, without the support of the UN.
• Loss of sovereignty: Signing the convention would have meant allowing international scrutiny of ‘India’s internal security, political stability and international relations’.
• Ad-hocism of the convention: The convention lacks a strong implementation policy which has given rise to ad-hocism and warehousing of refugees.

Way forward

• The inability of international refugee law to reconcile itself with the practical realities that constrain states has culminated in its failure to provide asylum to persecuted persons.
• In these circumstances, India needs a specific legislation governing refugees and asylum seekers.
• Such a law would give legal sanctity and uniformity, ensuring the protection of human rights.
• Along with this, each state must take responsibility for hosting refugees during their darkest hours by devising a burden-sharing system.

What is Operation AAHT?

Prelims level: Operation AAHT

Mains level: Human trafficking preventive measures

The Railway Protection Force (RPF) has launched a nationwide ‘Operation AAHT’ to curb human trafficking.

We can site such examples in essays as well as mains as initiatives for curbing human trafficking in India

Operation AAHT

• As part of this operation, special teams will be deployed on all long-distance trains/routes with focus on rescuing victims, particularly women and children, from the clutches of traffickers.
• The RPF will act as a bridge cutting across States to assist the local police in the mission to curb the menace.
• The infrastructure and intelligence network of the force could be utilized to collect, collate and analyse clues on victims, source, route, destination, popular trains used by suspects, identity of carriers/agents, kingpins etc and shared with other law-enforcing agencies.

Why need this mission?

• The Railways, which operate about 21,000 trains across the country daily, is the most reliable mode of transportation for the traffickers who often move their victims on long-distance trains.
• Thousands of Indians and persons from neighboring countries are trafficked every day to some destinations where they were forced to live like slaves.
• They are also being trafficked for illegal adoptions, organ transplants, working in circus, begging and entertainment industry.

[Burning Issue] Draft Anti-Trafficking Bill, 2021

Why India will be scrutinised at Summit for Democracy

Prelims level: Not much

Mains level: Paper 2- India's participation in summit for democracy

On December 9 and 10, US President Joe Biden will host a virtual “summit for democracy”, which will bring together leaders of 100 countries, civil society and private sector representatives.

Challenges to India’s democratic image

• India categorised as partly free: The US-based Freedom House’s “Freedoms of the World” index categorises India as only “partly free”; the Swedish V-Dem calls India an “electoral autocracy”.
• Others lump India with Hungary, Turkey and the Philippines, where authoritarian leaders rule the roost.
• Factors affecting India’s image: Rights violations in Kashmir, suspension of internet services in Kashmir, the conflation of political dissent with the colonial-era crime of sedition, the use of anti-terrorism laws to silence critics, the failure of the state to ensure freedoms guaranteed by the Constitution, the anti-Muslim amendments to citizenship laws have all but shredded India’s democratic image.

Agenda of the summit

• The agenda of the summit holds contemporary resonance in India.
• Three broad themes: According to the State Department, the summit will convene around three broad themes — defending democracy against authoritarianism, addressing and fighting corruption, and promoting respect for human rights.
• Leaders will be “encouraged” to announce “specific actions and commitments” to meaningful domestic reforms and international initiatives that advance the summit’s goals.

Why India’s contribution to the agenda will be scrutinized closely

• Cultural relativisms: One theme that emerges from these observations is that of cultural relativism — the “Indianness of India’s democracy” — “as India becomes ever more democratic, democracy will become ever more Indian in its sensibilities and texture”.
• Role of civil society: A second theme is the role of civil society.
• It has been accused of “defaming” or bringing harm to India, as espoused most recently in statements by the National Security Adviser, who also called them “the new frontier of a fourth-generation war”.
• Ensuring democratic rights: Another noticeable theme is around the responsibility for ensuring democratic rights.

Challenges for India

• India has to reconcile the paradox inherent in submitting to international gaze at a global assembly where it is apparently required to make commitments adhering to “ western” standards of democracy while claiming there is an Indian model.
• In March this year, External Affairs Minister Jaishankar dismissed global standards and international metrics of democracy as rubbish.
• For perspective, this is what China says too.
• When President Biden brought up Beijing’s human rights record, President Xi Jinping told him there was no “uniform model” of democracy, and that dismissing other “forms of democracy different from one’s own is itself undemocratic.
• The summit may intensify these differences, particularly because the host has no shining credentials either.
•  If democracy-building was never the US goal in Afghanistan, as Biden declared, why make the unfreezing of Afghan assets overseas conditional to the Taliban turning democratic and inclusive overnight?

India’s expected participation in the summit will come against a rather bleak backdrop of relativism, misinformation, confusion, obfuscation and polarisation on issues of democracy, civil society and rights.

Draft Anti-trafficking Bill 2021

Mains level: Draft Anti-trafficking Bill 2021

The Ministry of Women and Child Welfare has invited suggestions and comments for its Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021 which it has released.

A re-attempted legislation

• A previous draft had been introduced in 2018 and had been passed by Lok Sabha despite stiff opposition from both parliamentarians as well as experts.
• It was later never introduced in Rajya Sabha.
• Experts say that nearly all the concerns raised in 2018 have been addressed in this new draft Bill.

The Bill has increased the scope of the nature of offences of trafficking as well as the kind of victims of these offences, with stringent penalties including life imprisonment, and even the death penalty in cases of an extreme nature.

Types of offenders

• The scope of the Bill vis offenders will also include defence personnel and government servants, doctors and paramedical staff or anyone in a position of authority.
• In most cases of child trafficking, especially in the case of the trafficking of more than one child, the penalty is now life imprisonment.
• While the penalty will hold a minimum of seven years which can go up to an imprisonment of 10 years and a fine of Rs 5 lakh.
• In certain cases, even the death penalty can be sought.

Definition of exploitation

• Exploitation has been defined to include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation including pornography.
• It also includes any act of physical exploitation, forced labour or services, slavery or practices similar to slavery, servitude or forced removal of organs, illegal clinical drug trials or illegal bio-medical research.

Victims covered

• The Bill also extends beyond the protection of women and children as victims to now include transgenders as well as any person who may be a victim of trafficking.
• It also does away with the provision that a victim necessarily needs to be transported from one place to another to be defined as a victim.

Investigation Agency

• The National Investigation Agency (NIA) shall act as the national investigating and coordinating agency responsible for the prevention and combating of trafficking in persons.

[pib] Sugamya Bharat App

Prelims level: Sugamya Bharat Abhiyan

Mains level: Disable friendly infrastructure

Union Minister for Social justice and Empowerment has launched the “Sugamya Bharat App”.

Sugamya Bharat App

• The Sugamya Bharat App is a simple to use Mobile App with an easy registration process, requiring only 3 mandatory fields, namely, Name, Mobile number and Email-id.
• Registered users can raise issues related to accessibility being faced.
• The App is made accessible for ease of use for persons with disabilities also with features such as font size adjustment, color contrasting option, text to speech, and having an integrated screen reader in Hindi and English.
• It is available in 10 regional languages, namely, Hindi, English, Marathi, Tamil, Odiya, Kannada, Telugu, Gujarati, Punjabi, and Malayalam.
• The App also has the provision of easy photo uploads with a geotagging option of the premise where accessibility intervention is required.

Its features

• The app, a Crowdsourcing Mobile Application is a means for sensitizing and enhancing accessibility in the 3 pillars of the Accessible India Campaign i.e. built environment, transportation sector and ICT ecosystem in India.
• The app provides for five main features, 4 of which are directly related to enhancing accessibility, while the fifth is a special feature meant only for Divyangjan for COVID related issues.

The accessibility-related features are:

• Registration of complaints of inaccessibility across the 3 broad pillars of the Sugamya Bharat Abhiyaan;
• Positive feedback of examples and best practices worth emulating being shared by people as jan-bhagidhari;
• Departmental updates and guidelines and circulars related to accessibility.

Back2Basics: Sugamya Bharat Abhiyan

• Accessible India Campaign or Sugamya Bharat Abhiyan is a program that is set to be launched to serve the differently-able community of the country.
• The flagship program has been launched on 3 December 2015, the International Day of People with Disabilities.
• The program comes with an index to measure the design of disabled-friendly buildings and human resource policies.
• The initiative also in line with Article 9 of the (UN Convention on the Rights of Persons with Disabilities) which India is a signatory since 2007.
• The scheme also comes under the Persons with Disabilities Act, 1995 for equal Opportunities and protection of rights which provides non-discrimination in Transport to Persons with Disabilities.

China’s treatment of Uighurs

Mains level: Uighur's genocide

Canada’s House of Commons has voted to declare that China is committing genocide against more than 1 million Uighurs in the western Xinjiang region.

See the hypocrisy of so-called social activists who see farmers protest, anti-terror operations as a crackdown on human rights, while cases like that of Uighurs, Kurds go unnoticed in the global arena!

• In recent decades, there’s been a mass migration of Han Chinese (China’s ethnic majority) to Xinjiang, and the Uighurs feel their culture and livelihoods are under threat.
• In the early 20th Century, the Uighurs briefly declared independence, but the region was brought under complete control of mainland China’s new Communist government in 1949.
• Xinjiang lies in the north-west of China and is the country’s biggest region.
• Like Tibet, it is autonomous, meaning – in theory – it has some powers of self-governance. But in practice, both face major restrictions by the central government.
• It is a mostly desert region, producing about a fifth of the world’s cotton.

Try this PYQ: Q. Very recently, in which of the following countries have lakhs of people either suffered from severe famine/acute malnutrition or died due to starvation caused by war/ethnic conflicts? (a) Angola and Zambia (b) Morocco and Tunisia (c) Venezuela and Colombia (d) Yemen and South Sudan

What was the build-up to the crackdown?

• According to Human Rights Watch, police are also using a mobile app to monitor peoples’ behaviour, such as how much electricity they are using and how often they use their front door.

What does China say?

• China has dismissed claims it is trying to reduce the Uighur population through mass sterilizations as “baseless”, and says allegations of forced labour are “completely fabricated”.

US moves to rejoin UN Human Rights Council

Prelims level: UN HRC

Mains level: US policies revision after regime change

The Biden administration is set to reengage with the much-maligned UN Human Rights Council that former Donald Trump withdrew from almost three years ago.

Try this PYQ: Q.Consider the following: Right to education. Right to equal access to public service. Right to food. Which of the above is/are Human Right/Human Rights under “Universal Declaration of Human Rights”? (a) 1 and 2 only (b) Only 1 (c) 1, 2 and 3 (d) Only 3

Why did the US pulled-out earlier?

• Trump pulled out of the world body’s main human rights agency in 2018 due to its disproportionate focus on Israel.
• Israel had received by far the largest number of critical council resolutions against any country.
• The Trump administration took issue with the body’s membership, which currently includes China, Cuba, Eritrea, Russia and Venezuela, all of which have been accused of human rights abuses.
• The UNHRC describes itself as “an inter-governmental body within the UN system responsible for strengthening the promotion and protection of human rights around the globe.
• It addresses situations of human rights violations and make recommendations on them.
• The first session took place from June 19-30, 2006, three months after the Council was created by UN General Assembly Resolution 60/251 on March 15 that year.
• The UNHRC has the ability to discuss all thematic human rights issues and situations that require its attention throughout the year.
• The HRC replaced the former United Nations Commission on Human Rights (UNCHR).

HRC Meetings

• The meetings take place for four weeks in March, for three weeks in June, and for another three weeks in September.
• The sessions are held at the UN Office in Geneva, Switzerland.
• If one-third of the Member States so request, the HRC can decide at any time to hold a special session to address human rights violations and emergencies.
• The Council is made up of 47 UN Member States, which are elected by the UNGA through a direct and secret ballot.
• The General Assembly takes into account the contribution of the candidate states to the promotion and protection of human rights, as well as their voluntary pledges and commitments in this regard.
• Members of the Council serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms.
• As of January 1, 2019, 114 UN Member States have served on the HRC. Both India and Pakistan are on this list.
• The HRC has a Bureau of one President and four Vice-Presidents, representing the five regional groups. They serve for a year, in accordance with the Council’s annual cycle.

Seat distribution

• African States: 13 seats
• Asia-Pacific States: 13 seats
• Latin American and Caribbean States: 8 seats
• Western European and other States: 7 seats
• Eastern European States: 6 seats

Custodial torture in India

Mains level: Paper 2- Custodial torture and challenges in dealing with it

Installation of cameras would help in curbing the custodial torture to some extent but ending the menace requires comprehensive reforms.

Installation of CCTV cameras to curb custodial torture

• The Supreme Court recently mandated that CCTV cameras be installed in police stations and offices of other investigative agencies.
• However, previous decisions with similar recommendations have been poorly implemented.
• The present decision shows a marked difference from the earlier ones in its approach.
• It shows more care by listing out areas of police stations where cameras must be installed to ensure that there are no blind spots.
• It asks for oversight committees to be set up to monitor the functioning of the cameras.
• It also specifies that the cameras must be equipped with night vision and be able to record audio and visual footage.
• The recordings will have to be preserved for at least 12 months.

Issues with installing CCTV cameras

• Alteration of a video to conceal an object, an event, or change the meaning conveyed by the video is a well-documented reality in the United States.
• Indian courts have also expressed their apprehension of police tampering with CCTV footage.
• The judgment does not assuage these concerns.
•  Cameras in police stations will not foreclose the possibility of torture in other locations.
• Multiple works on torture in India suggest that torture is often not inflicted in police stations, but in isolated areas or police vehicles.
• Victims are illegally detained and tortured in undisclosed locations before officially arrested and brought to the police station.

Challenges in fixing criminal responsibility

• Since torture is not recognized as an offense per se under Indian law, the judgment refers to the use of force resulting in “serious injuries and/or custodial deaths” unwittingly creates a high threshold for what amounts to torture.
• It fails to acknowledge the existence of forms of physical and psychological torture that leave behind no marks on the body.
• Requiring prior sanction from the government operates as the foremost hurdle in initiating criminal complaints.
• The absence of statutory guidelines mandating independent investigation results in police officers from the same police station investigating the crime and suppressing evidence.
• Between 2005-2018, with respect to 1,200 deaths in police custody, 593 cases were registered, 186 police personnel were charge-sheeted, and only seven were convicted (National Crime Records Bureau).
•  Evidentiary concerns frequently arise since often the only witnesses are the victims themselves.
• The Supreme Court (1995) has noted that police officials remain silent to protect their colleagues as they are “bound by brotherhood” and held that courts should not insist on direct or ocular evidence in these cases.
• This position is rarely applied and many cases result in acquittal for want of evidence.

Monitoring the police through CCTVs is an important step towards combating torture but its effectiveness is contingent on broader reforms. The Supreme Court needs to ensure a robust implementation of its order and simultaneously plug the gaps so that incidents of torture are curtailed.

India’s Population with Disabilities

Prelims level: Not Much

Mains level: Disability in India

December 3 is marked by the UN as International Day of Persons with Disabilities in a bid to promote a more inclusive and accessible world for the differently-abled and to raise awareness for their rights.

Try this question from our AWE initiative:

What are the legal provisions and policy initiatives in India for the welfare of persons with disabilities? What are the challenges faced by persons with disabilities in India? 10 marks

Disability in India

• About 2.2% of India’s population lives with some kind of physical or mental disability, as per the National Statistics Office report on disability released last year.

How are the disabled identified?

• Until the 2011 census, there were questions on seven kinds of disabilities in the questionnaire.
• This list of disabilities was expanded to 21 when the Rights of People with Disabilities was introduced in 2016.
• Accordingly, the 2019 report included questions to identify people with temporary loss of ability as well as neurological and blood disorders in addition.
• The earlier definition included mental retardation and permanent inability to move, speak, hear and see.
• Significantly, the revised definition recognizes deformities and injuries of acid attack victims as disabilities, entitling them to various relief measures.

Who are disabled and in what way?

• Rural men had the highest prevalence of disability in India, according to the NSO report.
• A higher proportion of men were disabled in India compared with women, and disability was more prevalent in rural areas than in urban areas.
• Inability to move without assistance was the most common disability. More men experienced locomotor disability than women.
• These numbers were self-reported. In other words, the respondents were asked if they experienced any difficulty in performing tasks like moving, talking, etc.

Are these measures in line with those from other surveys?

• The 2011 census estimated that the number of people with disabilities in India is close to 2.68 crore (or 2.2% of the population) — that is more than the entire population of Australia.
• This number was based on the older definition of disability, yet the proportion of disabled people in the population is not different from the 2019 NSO report, which used the expanded definition of disability.
• Other metrics for evaluating disability have provided different estimates.
• A group of doctors from AIIMS found that alternate questionnaires like the Rapid Assessment of Disability have resulted in a prevalence ranging from 1.6%-43.3%.

How can the range be so wide?

• The proportion of population facing disability becomes bigger as one move from a narrow definition to a broader one.
• For instance, if one defines disability as the difficulty in accessing public services for all kinds of reasons, even social or economic, then the proportion goes up.

Why is it important to map disabled people?

• Like other disadvantaged groups, the disabled in India are entitled to some benefits, ranging from reservation in educational institutes to concessions on railway tickets.
• To claim these benefits, they have to furnish certificates as proof of disability.
• At the macro level, data on the prevalence and type of disability is useful while making allocations for welfare schemes.

NHRC advisory on Sex Work

Prelims level: NHRC

Mains level: Sex workers

The National Human Rights Commission (NHRC) recognised sex workers as informal workers in their advisory on “Human Rights of Women in the context of COVID 19”.

Try this question for mains: Q.Recognizing sex workers as informal workers is a myopic and moralistic objection of human rights activism. Discuss.

What is the NHRC advisory?

• The NHRC in an effort to secure the rights of all excluded and marginalised women included sex workers as informal workers in their advisory on ‘Women at Work’.
• The advisory asked officials to recognise sex workers as informal workers and register them so they are able to avail the benefits of a worker.
• The Ministries have been asked to issue temporary documents so that the sex workers like all other informal workers, can access all welfare measures and health services.

Why is the advisory important?

• The advisory included sex workers among groups that they were considered as part of vulnerable and marginal sections of society thereby consider them as citizens who are deserving of the protection of human rights.
• To do this, NHRC had sought expert advice, and both the government and constitutional bodies had stood by the protection of the human rights and dignity of sex workers.
• For many, it is a welcome move and an important milestone in achieving constitutional rights for sex workers.

Legality check of such work

• The Immoral Traffic (Prevention) Act — lays down that the institution of prostitution is illegal.
• Sex is either a consensual engagement between two adults or it is rape.
• Commercial sex, if engaged through any institutional process is illegal and liable for prosecution. Hence the Government of India never recognised sex work.

Criticisms of this advisory

• The feminists who wish to end sex slavery are critical of this NHRC’s move.
• There has not been a single instance where a woman has voluntarily gone into prostitution.
• Therefore they have regarded this as an absolute failure to not provide viable options to women to engage in productive work.

Back2Basics: National Human Rights Commission (NHRC)

• The NHRC is a statutory public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993.
• It was given a statutory basis by the Protection of Human Rights Act, 1993 (PHRA).
• This act defines Human Rights as “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 in India.
• Proactively or reactively inquire into violations of human rights by the government of India or negligence of such violation by a public servant
• Protection of human rights and recommend measures for their effective implementation

Composition

The NHRC consists of The Chairman and Four members (excluding the ex-officio members)

• A Chairperson, who has been a Chief Justice of India or a Judge of the Supreme Court
• One member who is, or has been, a Judge of the Supreme Court of India, or, One member who is, or has been, the Chief Justice of a High Court
• Three Members, out of which at least one shall be a woman to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights
• In addition, the Chairpersons of National Commissions serve as ex officio members.

UN’s guidelines on Access to Social Justice for People with Disabilities

Mains level: Rights of PWDs

The United Nations has released it’s first-ever guidelines on access to social justice for people with disabilities to make it easier for them to access justice systems around the world.

Note: These guidelines can be used in mains answer while substantiating their rights.

Defining a person with a disability

• The UN Convention on the Rights of Persons with Disabilities was adopted in 2007 as the first major instrument of human rights in the 21st century.
• It defines persons with disabilities as those “who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others”.

Highlights of the Guidelines

The guidelines outline a set of 10 principles and detail the steps for implementation. The 10 principles are:

• Principle 1: All persons with disabilities have the legal capacity and, therefore, no one shall be denied access to justice on the basis of disability.
• Principle 2: Facilities and services must be universally accessible to ensure equal access to justice without discrimination of persons with disabilities.
• Principle 3: PWDS including children with disabilities, have the right to appropriate procedural accommodations.
• Principle 4: PWDS have the right to access legal notices and information in a timely and accessible manner on an equal basis with others.
• Principle 5: PWDS are entitled to all substantive and procedural safeguards recognized in international law on an equal basis with others, and States must provide the necessary accommodations to guarantee due process.
• Principle 6: PWDS have the right to free or affordable legal assistance.
• Principle 7: PWDS have the right to participate in the administration of justice on an equal basis with others.
• Principle 8: PWDS have the rights to report complaints and initiate legal proceedings concerning human rights violations and crimes, have their complaints investigated and be afforded effective remedies.
• Principle 9: Effective and robust monitoring mechanisms play a critical role in supporting access to justice for persons with disabilities.
• Principle 10: All those working in the justice system must be provided with awareness-raising and training programmes addressing the rights of persons with disabilities, in particular in the context of access to justice.

Significance for India

• As per statistics maintained by the UN, in India 2.4 per cent of males are disabled and two per cent of females from all age groups are disabled.
• Disabilities include psychological impairment, intellectual impairment, speaking, multiple impairments, hearing, seeing among others.
• In comparison, the disability prevalence in the US is 12.9 per cent among females and 12.7 per cent among males.
• Disability prevalence in the UK is at 22.7 per cent among females and 18.7 per cent among males.

Commonwealth Human Rights Initiative (CHRI)

Prelims level: Commonwealth of Nations

Mains level: Abolition of modern slavery

The CHRI has released a report on “Eradicating Modern Slavery: An assessment of Commonwealth government progress”.

Try this PYQ from CSP 2012: Q.Consider the following statements: The Commonwealth has no charter, treaty or constitution All the territories/countries once under the British Empire (jurisdiction/rule/mandate) automatically joined the Commonwealth as its members Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2

About the report

The report was released on the occasion of World Day Against Trafficking in Persons by the Commonwealth Human Rights Initiative (CHRI) and an international anti-slavery organisation Walk Free.

Highlights of the report

• The report assessed the progress made by Commonwealth countries on the promises made in 2018 to end modern slavery by 2030 and achieve the SDGs of ending forced labour, human trafficking and child labour.
• The report found that one-third of the Commonwealth countries had criminalised forced marriage, while 23 had not criminalised commercial sexual exploitation of children.
• Commonwealth countries have made little progress towards their commitment to eradicate modern slavery by 2030.
• One in every 150 people in the Commonwealth is living in conditions of modern slavery.
• Out of 54 countries, only four engage with business to investigate supply chains, and all countries report gaps in victim assistance programs
• None of the Asian countries in the group had implemented laws against forced labour in supply chains.

India is the worst performer

• India had fared the worst in terms of coordination with no national coordinating body or National Action Plan in place.
• India, like all other Commonwealth countries in Asia, had not ratified the International Labour Organization’s 2011 Domestic Workers Convention or the 2014 Forced Labour Protocol.
• The report said India accounted for one-third of all child brides in the world.
• Despite being the largest country in the region, India has the weakest response on national coordination, with no national coordinating body or National Action Plan in place.

Back2Basics: Commonwealth of Nations

• The Commonwealth of Nations is an intergovernmental organisation of 53 member states that are mostly former territories of the British Empire.
• It dates back to the first half of the 20th century with the decolonization of the British Empire through increased self-governance of its territories.
• It was originally created as the British Commonwealth of Nation through the Balfour Declaration at the 1926 Imperial Conference, and formalized by the UK through the Statute of Westminster in 1931.
• The current body was formally constituted by the London Declaration in 1949, which modernized the community, and established the member states as “free and equal”.
• The symbol of this free association is Queen Elizabeth II, who is the Head of the Commonwealth.
• The Queen is head of state of 16 member states, known as the Commonwealth realms, while 32 other members are republics and five others have different monarchs.
• Member has no legal obligations to one another. Instead, they are united by language, history, culture and their shared values of democracy, human rights and the rule of law.
• It is an independent, non-partisan & nonprofit international NGO which works towards the practical realization of human rights in the countries of the Commonwealth.
• It was founded in 1987 and is headquartered at New Delhi.
• CHRI’s objectives are to promote awareness and adherence to the Commonwealth’s Harare Declaration, to the Universal Declaration of Human Rights, to other internationally recognised human rights instruments.
• The organisation specializes in transparency and accountability issues, with a focus on access to justice and access to information.
• The organisation mainly works in South Asia, East Africa, and Ghana region.

Protesting is a fundamental right: UN

Prelims level: UNCAT, ICCPR, Art. 21

Mains level: Right to peaceful assembly

As authorities worldwide grapple with demonstrations over issues like political rights and racial justice, a UN committee has reaffirmed that protesting peacefully, online or in person, is a fundamental human right.

Practice question for mains: Q.There is an urgent need for reforming the criminal justice system in India in light of rising cases of custodial torture and killings. Comment.

What is the news?

• The independent experts on the Human Rights Committee published a fresh interpretation of the right of peaceful assembly.
• It offered comprehensive legal guidance about where and how it applies and also outlining governments’ obligations.
• The committee is tasked with monitoring how countries implement the International Covenant on Civil and Political Rights (ICCPR), which under Article 21 guarantees the right to peaceful assembly.

About ICCPR

• The ICCPR is a multilateral treaty adopted by UN General Assembly Resolution on 16 December 1966, and in force from 23 March 1976.
• The covenant commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.
• As of September 2019, the Covenant has 173 parties and six more signatories without ratification.
• It 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).
• It is monitored by the UN Human Rights Committee (a separate body to the UN Human Rights Council).

Back2Basics: Article 21

• Article 21 is the protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to the procedure established by law.
• The Article prohibits the deprivation of the above rights except according to a procedure established by law.
• Article 21 applies to natural persons. The right is available to every person, citizen or alien. Thus, even a foreigner can claim this right.
• It, however, does not entitle a foreigner the right to reside and settle in India, as mentioned in Article 19 (1) (e).

OPCW blames Syria for chemical attacks

Prelims level: OPCW

Mains level: Usual turmoil in Syria

The global chemical weapons watchdog, the Organisation for the Prohibition of Chemical Weapons (OPCW) has for the first time explicitly blamed Syria for chemical attacks.

What did the report say?

• President Bashar al-Assad’s air force used the nerve gas sarin and chlorine three times in 2017.
• The findings came in the first report from a new investigative team set up by the OPCW to identify the perpetrators of attacks in Syria’s ongoing nine-year-long civil war.
• The OPCW is an intergovernmental organisation and the implementing body for the Chemical Weapons Convention, which entered into force on 29 April 1997.
• The organisation is not an agency of the United Nations but cooperates both on policy and practical issues.
• The OPCW, with its 193 member states, has its seat in The Hague, Netherlands, and oversees the global endeavour for the permanent and verifiable elimination of chemical weapons.
• It promotes and verifies the adherence to the Chemical Weapons Convention, which prohibits the use of chemical weapons and requires their destruction.
• It won the Nobel Peace Prize in 2013 for its work in Syria and says it has eliminated 97 per cent of the world’s chemical weapons.
• The OPCW has the power to say whether chemical weapons were used in an attack it has investigated. In June 2018, it granted itself new powers to assign blame for attacks.

Back2Basics: Syrian Crisis

• The Syrian civil war is an ongoing multi-sided civil war in Syria fought between the Ba’athist Syrian Arab Republic led by Bashar al-Assad and various domestic and foreign forces opposing both the Syrian government.
• Even before the conflict began, many Syrians were complaining about high unemployment, corruption and a lack of political freedom under Assad.
• In March 2011, pro-democracy demonstrations erupted in the southern city of Deraa, inspired by the “Arab Spring” in neighbouring countries.
• When the government used deadly force to crush the dissent, protests demanding the president’s resignation erupted nationwide. The unrest spread and the crackdown intensified.
• Opposition supporters took up arms, first to defend themselves and later to rid their areas of security forces. Assad vowed to crush what he called “foreign-backed terrorism”.
• The violence rapidly escalated and the country descended into civil war.

Not an unfettered right

The UN High Commissioner for Human Rights filed an application  seeking to intervene as  amicus curiae  in the pending litigation in the Supreme Court against the  Citizenship (Amendment) Act, 2019 .

What are the implications of intervention?

• Concern over international attention: That the case has attracted the attention of the international human rights agency is a matter of concern for the Indian government.
• International law principles: The intervention may enable the Supreme Court to read in public international law principles in determining the constitutionality of CAA.
• Law on concepts of sovereignty: Ultimately, this would assist in laying down the law on concepts of sovereignty in addition to determining the obligations of a nation-state to the international community at large.

Why the intervention matters?

• Basis of the application: The application is based on the belief that the High Commissioner’s intervention will provide the Court “with an overview of the international human rights norms and standards with respect to the state’s obligations to provide international protection to persons at risk of persecution in their countries of origin”.
• This application stands out for a number of reasons.
• First , this is a voluntary application rather than at the invitation of the Supreme Court.
• Second, she accepts that India is a state party and signatory to various international conventions including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Culture Rights which contain important non-discrimination clauses, including on the ground of religion.
• India’s obligations towards migrants : India is obliged, under international law, to ensure that migrants in its territory or under its jurisdiction receive equal and non-discriminatory treatment regardless of their legal status or the documentations they possess.
• Locus standi issue raised by India: In response, the External Affairs Ministry argued that “no foreign party has any locus standi on issues pertaining to India’s sovereignty”.
• The High Commissioner has filed similar  amicus curiae briefs  on issues of pubic importance before a range of international and national judicial fora.
• A precedent for future: This intervention, if permitted, would serve as a precedent for a number of future applications. It would also provide an opportunity for the Supreme Court to lay down the law on whether such applications interfere with national sovereignty.

Sovereignty as responsibility

• Defining sovereignty: International Court of Justice judge James Crawford defines sovereignty as, among other things, the “capacity to exercise, to the exclusion of other states, state functions on or related to that territory, and includes the capacity to make binding commitments under international law” and states that “such sovereignty is exercisable by the governmental institutions established within the state”.
• Sovereignty in Indian Constitution: The Preamble to the Constitution lays out the position, wherein the people of India have resolved to constitute the Indian Republic into a sovereign and not just any one authority.
• As such, the courts (judiciary), the government (executive) and elected legislatures (legislature) are equally sovereign authorities.
• No one can claim exclusivity over sovereignty. Furthermore, Article 51 (c) of the Constitution directs the state to “foster respect for international law”.

Responsibility to citizens and the international community

• Responsibility of political authority: According to the International Commission on Intervention and State Sovereignty, “national political authorities are responsible to the citizens internally and to the international community through the UN”.
• Constraints on sovereignty: Therefore, it is trite to say that an authority’s right to sovereignty is not unfettered. It is subject to constraints including the responsibility to protect its citizenry and the larger international community.
• Extending Article 14: Furthermore, Article 14 extends the right to equality to all persons, which is wider than the definition of citizens. Even illegal immigrants shall, consequently, be treated by the government in a manner that ensures equal protection of Indian laws.

It is hoped that the Supreme Court will conclude that the intervention is necessary as the Court would benefit from the High Commissioner’s expertise in public international law principles.

Giving Human Rights Commissions more teeth

Prelims level: Not much.

Mains level: Paper 2- Need to entrust the Human Right Commissions with more powers.

The Madras High Court is to decide on whether the recommendations made by such panels are binding upon the state.

A fourth branch institution

• Purpose: The purpose of the Act was to establish an institutional framework that could effectively protect, promote and fulfil the fundamental rights guaranteed by the Indian Constitution.
• To this end, the Act created a National Human Rights Commission, and also, Human Rights Commissions at the levels of the various States.
• According to the classical account, democracy is sustained through a distribution of power between three “branches” — the legislature, the executive, and the judiciary, with each branch acting as a check and a balance upon the others.
• The necessity of independent bodies: The complexity of governance and administration in the modern world has necessitated the existence of a set of independent bodies , which are charged with performing vital functions of oversight.
• Some of these bodies are constitutional bodies — established by the Constitution itself. These include, for instance, the Election Commission and the Office of the Comptroller and Auditor General.
• Others have been established under law : for example, the Information Commission under the Right to Information Act, and Human Rights Commissions under the Protection of Human Rights Act.
• There have been the usual critiques of the politicization of autonomous bodies, and selectiveness.
• Toothless: Even more than that, however, it has been alleged that for all intents and purposes, the Human Rights Commissions are toothless: at the highest, they play an advisory role, with the government left free to disobey or even disregard their findings.

Limitations of NHRC

• NHRC’s recommendations are not binding
• NHRC cannot penalize authorities who do not implement its orders
• JK is out of its jurisdiction
• NHRC jurisdiction does not cover human right violations by private parties
• 3/5 are judges, leading to more judicial touch to its functioning
• 2/5 are also not Human rights experts. Political appointments.
• Time limit is set to 1 year i.e. NHRC cannot entertain ca case older than 1 year
• Limited jurisdiction over violation by armed forces
• The act does not extend to J&K
• Vacancies are not filled on time. Most human rights commissions are functioning with less than the prescribed Members
• Fund crunch
• Overload and backlog. Too many complaints. Hence, in recent days, NHRC is finding it difficult to address the increasing number of complaints
• Bureaucratic style of functioning

What the case before Madras High Court will decide?

• Whether recommendations are mandatory or not : A Full Bench of the High Court will be deciding upon whether “recommendations” made by the Human Rights Commissions are binding upon their respective State (or Central) governments, or whether the government is entitled to reject or take no action upon them.
• Powers of civil courts : While conducting these inquiries, the Commissions are granted identical powers to that of civil courts, such as the examining witnesses, ordering for documents, receiving evidence, and so on.
• These proceedings are deemed to be judicial proceedings, and they require that any person, who may be prejudicially affected by their outcome, has a right to be heard.
• Section 18 of the Protection of Human Rights Act empowers the Human Rights Commission to “recommend” to the concerned government to grant compensation to the victim, to initiate prosecution against the erring state authorities, to grant interim relief, and to take various other steps.
• The key question revolves around the meaning of the word “recommend.”
• According to one set of judgments, this word needs to be taken in its ordinary sense. To “recommend” means to “put forward” or to “suggest” something or someone as being suitable for some purpose.
• Ordinarily, a mere “suggestion” is not binding. Furthermore, Section 18 of the Human Rights Act also obligates the concerned government to “forward its comments on the report, including the action taken or proposed to be taken thereon, to the Commission”, within a period of one month.
• The argument, therefore, is that this is the only obligation upon the government.
• If indeed the Act intended to make the recommendations of the Commission binding upon the government, it would have said so: it would not simply have required the government to communicate what action it intended to take to the Commission (presumably, a category that includes “no action” as well).

Why ordinary meaning of recommend needs to be rejected?

• Ordinary meaning and meaning within the legal framework : The first is that there is often a gap between the ordinary meanings of words and the meanings that they have within legal frameworks.
• Legal meaning : Legal meaning is a function of context, and often, the purpose of the statute within which a word occurs has a strong influence on how it is to be understood.
• For example, the Supreme Court has held, in the past, that the overriding imperative of maintaining judicial independence mandates that “consultation” with the Chief Justice for judicial appointments (as set out under the Constitution) be read as “concurrence” of the Chief Justice (this is the basis for the collegium system).
• Recently, while interpreting the Land Acquisition Act, the apex court held that the word “and” in a provision had to be construed as “or”.
• Of course, there needs to be a good reason for interpretations of this kind.
• Constitutional commitment: This brings us to the purpose of the Human Rights Act, and the importance of fourth branch institutions.
• To fulfil this purpose, the Act creates an institutional infrastructure, via the Human Rights Commissions.
• The Human Rights Commissions, thus, are bodies that stand between the individual and the state, and whose task is to ensure the adequate realisation of constitutional commitment to protecting human rights.
• This, it is clear, would defeat the entire purpose of the Act.
• For example, the Supreme Court laid down detailed guidelines to ensure the independence of the Central Bureau of Investigation; various judgments have endorsed and strengthened the powers of the Election Commission to compulsorily obtain relevant details of candidates, despite having no express power to do so.
• It is therefore clear that in determining the powers of autonomous bodies such as the Human Rights Commission, the role those fourth branch institutions are expected to play in the constitutional scheme is significant.
• Indeed, very recently, the Supreme Court held as much in the context of “opinions” rendered by the Foreigners Tribunals, using very similar logic to say that these “opinions” were binding.

The crucial role played by a Human Rights Commission — and the requirement of state accountability in a democracy committed to a ‘culture of justification’ — strongly indicates that the Commission’s recommendations should be binding upon the state. Which way the Madras High Court holds will have a crucial impact upon the future of human rights protection in India.

Explained: Why UN Human Rights Commission intends to intervene in a SC case against CAA?

Mains level: Global intervention over CAA

The UN High Commissioner for Human Rights “intends to file” an Intervention Application in the Supreme Court of India seeking to intervene in Writ Petition (Civil) No. 1474 of 2019 and praying that it be allowed to make submissions.

On what grounds is a UN body seeking to intervene in a case regarding a domestic Indian law?

• The Office of the High Commissioner for Human Rights (UN Human Rights) is the leading UN entity on human rights.
• The UN General Assembly entrusted both the High Commissioner and her Office with a unique mandate to promote and protect all human rights for all people.
• As the principal United Nations office mandated to promote and protect human rights for all, OHCHR leads global human rights efforts speaks out objectively in the face of human rights violations worldwide.
• This resolution, adopted by the UNGA in 1994, created the post of the UN High Commissioner for Human Rights.

Its jurisdiction

• The application says that successive High Commissioners have filed amicus curiae briefs on issues of particular public importance within proceedings before a diverse range of international and national jurisdictions.
• It includes the European Court of Human Rights, the Inter-American Court of Human Rights, the International Criminal Court, and at the national level, the United States Supreme Court and final appeal courts of States in Asia and Latin America.

What exactly does the intervention application say?

• The OHCHR has welcomed as “commendable” the CAA’s stated purpose, “namely the protection of some persons from persecution on religious grounds.
• It also “acknowledges the history of openness and welcome that India has exhibited to persons seeking to find a safer, more dignified life within its borders”.
• However the examination of the CAA raises important issues with respect to international human rights law and its application to migrants, including refugees, says the OHCHR.
• The CAA, it says, raises “important human rights issues, including its compatibility in relation to the right to equality before the law and nondiscrimination on nationality grounds under India’s human rights obligations”.
• The application acknowledges that “the issue of nondiscrimination on nationality grounds falls outside the scope of this intervention ”, but insists that “this in no way implies that there are not human rights concerns in this respect”.

Why intervene?

• The application questions the reasonableness and objectivity of the criterion of extending the benefits of the CAA to Buddhists, Sikhs, Hindus, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan alone.
• It points out that while the Indian government has suggested that persons of Muslim faith, regardless of denomination or ethnicity, are protected there.
• However recent reports by UN human rights show that Ahmadi, Hazara and Shia Muslims in these countries warrant protection on the same basis as that provided in the preferential treatment proposed by the CAA.

Is there a specific basis on which the OHCHR has faulted the CAA?

The application flags some central principles of international human rights law:

• the impact of the CAA on some migrants
• the enjoyment of human rights by all migrants and the rights of all migrants (non-citizens) to equality before the law and
• the principle of non-refoulment, which prohibits the forcible return of refugees and asylum seekers to a country where they are likely to be persecuted
• The application mentions that all migrants “regardless of their race, ethnicity, religion, nationality and/or immigration status enjoy human rights and are entitled to protection”.
• It cites international human rights instruments to urge the inclusion of non-discrimination, equality before the law, and equal protection before the law into the foundation of a rule of law.
• International human rights law, the application says, does not distinguish between citizens and non-citizens or different groups of non-citizens for the purposes of providing them protection from discrimination, “including in respect of their migration status”.

India’s stance

• The Citizenship Amendment Act is an internal matter of India and concerns the sovereign right of the Indian Parliament to make laws.
• MEA spokesperson insisted that no foreign party has any locus standi on issues pertaining to India’s sovereignty.
• The CAA was “constitutionally valid and complies with all requirements of (India’s) constitutional values”, and “is reflective of our long-standing national commitment in respect of human rights issues arising from the tragedy of the Partition of India”.

Private: Preventive Detention

Mains level: Paper 2- Misuse and excessive use of preventive detention in India, issues arising out of it.

The frequent use of preventive detention laws brings into focus excessive and disproportionate use of it to prevent the crime in India.

Preventive detention in India

• Laws at the national level and state level : Preventive detention statutes exist at both the national and state levels and are intended to serve as effective measures to prevent the occurrence of crime.
• Who is empowered to pass order? Under these laws, executive officers such as District Magistrates and Commissioners of Police are empowered to pass orders for arrest and to take persons into custody.
• For instance, the National Security Act of 1980 permits arrest and detention of persons when it is in the interest of maintaining “ public order ”, which can occur even without any allegations of the person breaking any existing laws.

Why procedural fairness is absent?

• Therefore, we find that preventive detention processes come without many of the hallmarks of procedural fairness that we take for granted in regular criminal law.
• No need to disclose the grounds for arrest : Unlike regular law, there is no need for a person arrested under the exceptional preventive detention process to be informed of the grounds immediately.
• No need to produce the person in court : There a no requirement to produce the arrested person before a court.
• Scrutiny is done by the executive only : While all arrests and detentions under preventive detention laws do undergo some subsequent checks, this scrutiny remains almost exclusively executive-based.
• No judicial oversight for the detention of fewer than three months: There is no judicial oversight where detention beyond three months is not sought.
• No public hearing even after 3 months: And even in those cases which go to a Tribunal comprising judges, there is no public hearing involved and no guaranteed oral hearing for the detenu.
• No publicly available orders or judgments are published about the ultimate decision .
• Finally, throughout this process, there is no right to legal assistance for detenues.
• Resorting to Habeas corpus : The only opportunity for many lies in pursuing a writ of habeas corpus before the High Court.
• High Courts can only test preventive detention orders on limited grounds. It is barred from undertaking a full-scale review of this executive process.

Excessive use of the exceptional statute

• The appealing idea of preventive detention: The idea that laws should permit pre-emptive intervention to prevent the commission of crimes is an appealing one.
• Normalising the preventive detention: Those security-minded officers are thus incentivised to use these exceptional statutes to deal with even ordinary law and order situations, ultimately normalising preventive detention and bringing them down from their exceptional status.
• NCRB data on preventive detention: The above claim is supported by the Crime in India Report for 2018 released by the NCRB which disclosed that close to one lakh people were arrested and detained in custody under preventive detention laws, as per government estimates.

Exceptional situations certainly justify exceptional measures. But there is a fair case to argue that even under this logic, the procedures of preventive detention laws in India practically sacrifice due process interests at the altar of crime control, and this bargain is ill-suited to justice, no matter how grave the risks.

‘2 Billion Kilometers to Safety’ campaign

Prelims level: '2 Billion Kilometers to Safety' campaign

Mains level: Refugees issue across the world

The UN Refugee Agency UNHCR has announced a new global campaign urging people worldwide to cover the total distance travelled by refugees each year – 2 billion kilometers – by running, jogging or walking.

About the campaign

• The “2 Billion Kilometers to Safety” campaign vies to encourage people to support refugees by championing individual acts of solidarity.
• The goal is to acknowledge the resilience and strength of refugees.
• It calls on the public to show their solidarity with refugees by running, walking or cycling to collectively cover two billion kilometers.
• Participants can use their fitness apps or the campaign website to log the kilometers and contribute to the global total.

Distance covered by refugees 

• UNHCR traced the journeys of refugees around the world and calculated that, collectively, people forced to flee travel approximately two billion kilometers every year to reach the first point of safety.
• This is roughly the distance that separates Earth from somewhere between the planets Saturn and Uranus.
• According to UNHCR estimates, Syrian refugees travelled over 240 kilometers each to reach Turkey.
• South Sudanese refugees travelled more than 640 kilometers to reach Kenya. Rohingya refugees from Myanmar travelled approximately 80 kilometers to reach Bangladesh.

Explained: Practice of Female Genital Mutilation (FGM)

Mains level: FGM

Every year, February 6 is observed as the International Day of Zero Tolerance for Female Genital Mutilation (FGM).  As per the WHO, globally, over 200 million girls alive today have suffered FGM in over 30 countries.

Female Genital Mutilation

• FGM is the name given to procedures that involve altering or injuring the female genitalia for non-medical or cultural reasons.
• It is recognised internationally as a violation of human rights and the health and integrity of girls and women.
• Most girls and women who have undergone FGM live in sub-Saharan Africa and the Arab States, but it is also practiced in some countries in Asia, Eastern Europe and Latin America.
• According to the United Nations Population Fund (UNFPA), while the exact origins of the practice remain unclear, it seems to have predated Christianity and Islam.
• It says that some Egyptian mummies display characteristics of FGM.
• Significantly, the ancient Greek historian Herodotus has claimed that in the fifth century BC, the Phoenicians, the Hittites and the Ethiopians practised circumcision.

Why is Female Genital Mutilation practiced?

• Depending on the region, there can be various reasons why FGM is performed. The UNFPA has categorised the reasons into five categories —
• psycho-sexual reasons (when FGM is carried out as a way to control women’s sexuality, “which is sometimes said to be insatiable if parts of the genitalia, especially the clitoris, are not removed);
• sociological or cultural reasons (when FGM is seen as part of a girl’s initiation into womanhood and an intrinsic part of a community’s cultural heritage);
• hygiene and aesthetic reasons (this may be the reason for those communities that consider the external female genitalia as ugly and dirty);
• religious reasons (the UNFPA maintains that while FGM is not endorsed by Christianity or Islam, “supposed” religious doctrines may be used to justify the practice);
• socio-economic factors (in some communities FGM is a pre-requisite for marriage, especially in those communities where women are dependent on men economically).
• Other reasons cited by the WHO include- an attempt to ensure women’s premarital virginity since FGM is believed to reduce libido,  and therefore believed to help her resist extramarital sexual acts.
• FGM may also be associated with cultural ideals of feminity and modesty.

Economic cost of FGM

• Beyond the immense psychological trauma it entails, FGM imposes large financial costs and loss of life.
• In 2018, a study on FGM in India said that the practice was up to 75 per cent across the Bohra Muslim community.
• The economic costs of treating health complications arising out of FGM amount to roughly $1.4 billion for 2018 for 27 countries where FGM is performed.
• If the prevalence remains the same, the amount is expected to rise up to $2.3 billion by 2047.

FGM in India

• According to the aforementioned study, the reasons for FGM referred to as “Khafd” in India include continuing an old traditional practice, adhering to religious edicts, controlling women’s sexuality and abiding by the rules stated by the religious clergy.
• It also states that the issue first rose to prominence in India because of two international legal cases on FGM against practising Bohras in Australia and the US.
• In 2018, a bench of then CJI Dipak Misra referred a petition seeking a ban on FGM among Dawoodi Bohra girls to a five-judge Constitution Bench.
• The Dawoodi Bohra community, on the other hand, maintained that the practice should be allowed since the Constitution grants religious freedom under Article 25.

For detailed health risks associated with FGM, navigate to the page:

Health hazards of FGM

Karnataka Anti-superstition Law

Mains level: Superstitions and associated socail injustice

A controversial anti-superstition law in Karnataka was formally notified by the current government.

Provisions of the earlier drafts

• The law, which was initially drafted as the Karnataka Anti Superstition Bill, 2013, was a pet project of former CM Siddaramaiah.
• The model Bill held human dignity as its central tenet and sought eradication of irrational practices found in different communities.
• The first draft made practices like inflicting self-wounds and conversion through bribery illegal.
• Some of the proposals opposed by religious leaders and political parties in the early draft were the ban on practices such as the carrying of priests in palanquins, worshipping the feet of religious leaders.
• It sought to ban Made Snana practised in the Dakshina Kannada region where Dalits roll over the remains of food consumed by upper castes.

The current version

• A Bill with sizable consensus across the political spectrum finally evolved in 2017. A total of 16 practices have been banned under the law.
• The practice of Vaastu, astrology, pradakshina or circumabulation of holy places, yatras, parikramas performed at religious places were kept out of the purview of the law.
• Made Snana was banned under the law with respect to having Dalits roll over leftover food.
• The practice has now been modified to be voluntary and not involving leftover food.
• Practices such as barring menstruating women from entering houses of worship and their homes, coercing people to take part in fire-walks, and beating up people by declaring them evil, are among the irrational practices that have been banned under the 2017 law.
• The law stipulates “imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than five thousand rupees but which may extend to fifty thousand rupees”, as punishment for violations.
• The law is to implemented by the state police with the appointment of vigilance officers under the law at police stations.

[op-ed of the day] Preventing mob lynching

Mains level: Paper 2-Protection of vulnerable section and mob lynching.

The spate of incidents of lynching over the past few years has led to a heightened sense of insecurity among the marginalised communities. The Centre should specify penal action against officials and doctors accused of dereliction of duty.

2018 Supreme Court Judgement

• In 2018, the Supreme Court described lynching as a “ horrendous act of mobocracy ”.
• The Court exhorted the Centre and State governments to frame laws specifically to deal with the crime of lynching.
• Fast-track trials.
• Compensation to victims, and
• Disciplinary action against lax law-enforcers.

The State laws

• Provision of nodal officer : The Bill specified that there would be nodal officers in each district to control such crimes.
• Compensation to the victim: The law provides for adequate monetary compensation to the victims or their immediate kin.
• Punishment for failure to enforce the law : Police officers who fail to prevent the crime of lynching in their jurisdiction are liable to be imprisoned for a term that may extend from one to three years with a fine limit of ₹50,000.
• No concurrence of state for the prosecution of the police: No concurrence of the State government is required to prosecute them for dereliction of duty.
• No action against police officers : The bill is also silent on any action to be initiated against police officers who may be accused of dereliction of duty.
• Stringent punishment: Punishment for lynching to death is punishable with the death penalty or life imprisonment and a fine of up to ₹5 lakh.

What the Centre can do

• Adoption of the SC guidelines: The Centre should adopt the guidelines provided by the SC to deal with the crime.
• Dereliction of duty .
• For delay in attending to victims of lynching.
• For submitting false reports without carrying out a proper and thorough medical examination of the victims.
• Collective fines: Collective fines should be imposed on the villagers where the lynching takes place.
• Punishment for a political leader for inciting the mob: Centre could even provide for punitive action against political leaders found guilty of inciting mobs.
• Punitive action as a deterrent: It would deter police officials acting in a partisan manner in favour of the lynch mob.

Until a zero-tolerance attitude is adopted in dealing with mob lynching, this crime will continue to show a rising trend.

[op-ed of the day] Human rights are not solely an ‘internal matter’

Mains level: Paper 2- Violations of human rights.

The human rights situation in Jammu and Kashmir following the dilution of Article 370 and the passage of the Citizenship (Amendment) Act (CAA) have brought renewed international focus on India’s human rights practice.

Evolution of the modern Human Rights

• No recognition of individuals’ rights :  Classic  international law governed the conduct between states and did not recognise the rights of individuals.
• The classical notion was challenged in the 19th century.
• It was based on the principle of dignity of a human being.
• The Universal Declaration of Human Rights : Adopted in 1948 by the United Nations, was the first comprehensive international human rights document.
• The weakening of Unrestricted sovereignty: The evolution of international  human rights law is also about the gradual weakening of the concept of unrestricted sovereignty.

India and Human Rights

• Why India claims so ?: Since the country is the largest democracy in the world with an independent judiciary, free media, and an active civil society no international scrutiny is required.
• Indian has always assured the international community that the judiciary (the SC) would provide adequate remedies to victims of human rights violations.
• These claims sound less credible after the recent developments in J&K and the passage of the CAA.
• The Office of the High Commissioner for Human Rights (OHCHR) said that CAA is fundamentally discriminatory in nature”.

Role of Civil Society and Media

• However, the media’s role in J and K and after CAA is questionable.
• It has become difficult for it to receive foreign contribution.
• Use of FRCA : Since 2014, the government has canceled the registration of about 14,000 NGOs under the Foreign Contribution Regulation Act (FCRA).
• It is possible for the Indian government, due to its diplomatic clout, to avoid robust intervention by the UN Human Rights Council and other UN human rights mechanisms.
• But it would be difficult to avoid scrutiny by the international community. So, the government must take steps to allay international concerns and avoid situations where it is seen as a violator of human rights.

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National Human Rights Commission (NHRC)

• 23 Apr 2019
• 12 min read
• GS Paper - 2
• Statutory Bodies

Last Updated: July 2022

To deny people their human rights is to challenge their very humanity.                                                      — Nelson Mandela

What is NHRC?

• NHRC of India is an independent statutory body established on 12 October, 1993 as per provisions of Protection of Human Rights Act, 1993, later amended in 2006.
• NHRC has celebrated its Silver Jubilee (25 years) on October 12, 2018. Its headquarter is located in New Delhi.
• It is the watchdog of human rights in the country, i.e. the rights related to life, liberty, equality and dignity of the individual guaranteed by Indian Constitution or embodied in the international covenants and enforceable by courts in India.
• It was established in conformity with the Paris Principles, adopted for the promotion and protection of human rights in Paris (October, 1991) and endorsed by the General Assembly of the United Nations on 20 December, 1993.

What are Human Rights?

• As per UN definition these rights are inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.
• Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.
• These are entitled to everyone, without any discrimination.

What led to the Formation of NHRC?

• It is a milestone declaration in the history of human rights which sets out, for the first time, fundamental human rights to be universally protected.
• Human Rights Day is observed every year on 10 December, which is the anniversary of the UDHR. In 2018, Human Rights Day marked the 70th anniversary the declaration.
• These principles became the foundation for the establishment and operation of national human rights institutions.
• In pursuant to these principles, India has enacted the Protection of Human Rights Act, 1993, with a view to bring about greater accountability and strengthening of the human rights in the country.
• This act also authorized State Governments to establish State Human Right Commission.

What is the Human Rights Council?

• The Human Rights Council is an inter-governmental body created by the United Nations General Assembly resolution on 15 March 2006.
• It has replaced the former United Nations Commission on Human Rights.
• It is responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and make recommendations on them.
• It has the ability to discuss all thematic human rights issues and situations that require its attention throughout the year. It meets at the UN Office at Geneva.
• The Council is made up of 47 United Nations Member States which are elected by the UN General Assembly.

What is the Composition of NHRC?

• A person who has been the Chief Justice of India or a judge of the Supreme Court can become a chairman.
• Appointment : The chairman and members are appointed by the President on the recommendations of a six-member committee consisting of the Prime Minister as its head, the Speaker of the Lok Sabha , the Deputy Chairman of the Rajya Sabha, leaders of the Opposition in both the Houses of Parliament and the Union Home Minister.
• The President can remove the chairman or any member from the office under some circumstances.
• Removal : They can be removed only on the charges of proved misbehavior or incapacity, if proved by an inquiry conducted by a Supreme Court Judge.
• Divisions : Commission also has five Specialized Divisions i.e. Law Division, Investigation Division, Policy Research & Programmes Division, Training Division and Administration Division.

What is the State Human Rights Commision?

• The chairman and the members of State Commission are appointed by the Governor in consultation with the Chief Minister, State Home Minister, Speaker of Legislative Assembly and Leader of the Opposition in the State Legislative Assembly.
• The chairperson and members hold office for a term of three years or until they attain the age of 70 years, whichever comes first.
• Although the chairperson and members of a State Human Rights Commission are appointed by the governor they can only be removed by the President .

What is the Role and Key Functions of NHRC?

• NHRC investigates grievances regarding the violation of human rights either suo moto or after receiving a petition .
• It has the power to interfere in any judicial proceedings involving any allegation of violation of human rights.
• It is empowered to utilise the services of any officer or investigation agency of the Central government or any state government for the purpose of investigating complaints of human rights violation.
• It can look into a matter within one year of its occurrence , i.e the Commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed.
• The functions of the commission are mainly recommendatory in nature .
• It has no power to punish the violators of human rights, nor to award any relief including monetary relief to the victim.
• It has limited role, powers and jurisdiction with respect to the violation of human rights by the members of the armed forces. It is not empowered to act when human rights violations through private parties take place.
• It can visit any jail or any other institution under the control of the State Government to see the living conditions of the inmates and to make recommendations thereon.
• It can review the safeguards provided under the constitution or any law for the protection of the human rights and can recommend appropriate remedial measures.
• NHRC undertakes and promotes research in the field of human rights.
• NHRC works to spread human rights literacy among various sections of society and promotes awareness of the safeguards available for the protection of these rights through publications, media, seminars and other means.
• The Commission shall submit an annual report to the Central Government and to the State Government concerned.
• The Central Government and the State Government, as the case may be, shall cause the annual reports of the Commission to be laid before each House of Parliament or the State Legislature respectively, as the case may be, alongwith a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any.

What are the Limitations of NHRC?

• NHRC does not have any mechanism of investigation. In majority cases, it asks the concerned Central and State Governments to investigate the cases of the violation of Human Rights
• It has been termed as ‘India’s teasing illusion’ by Soli Sorabjee (former Attorney-General of India) due to its incapacity to render any practical relief to the aggrieved party.
• NHRC can only make recommendations, without the power to enforce decisions.
• Many times NHRC is viewed as post-retirement destinations for judges and bureaucrats with political affiliation moreover, inadequacy of funds also hamper its working.
• A large number of grievances go unaddressed because NHRC cannot investigate the complaint registered after one year of incident.
• Government often out rightly rejects recommendation of NHRC or there is partial compliance to these recommendations.
• State human rights commissions cannot call for information from the national government, which means that they are implicitly denied the power to investigate armed forces under national control.
• National Human Rights Commission powers related to violations of human rights by the armed forces have been largely restricted.

What Reforms can be made to make NHRC more Effective?

• There is need for complete revamping of NHRC to make it more effective and truly a watchdog of human right violations in the country.
• NHRC efficacy can be enhanced by government if commission decisions are made enforceable.
• There is need to change in composition of commission by including members from civil society and activists.
• NHRC needs to develop an independent cadre of staff with appropriate experience.
• Many laws in India are very old and archaic in nature by amending which government can bring more transparency in regulations.
• To improve and strengthen the human rights situation in India, state and non state actors need to work in tandem.

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Essay on Human Rights for Students in English [500+ Words]

January 6, 2021 by Sandeep

Essay on Human Rights: Every human being is entitled to a set of fundamental rights of living called human rights. They are universally applicable without any violation. Eleanor Roosevelt championed the cause of human rights across continents. To look into matters of human rights violation, the International Court of Justice conducts investigations. The Geneva Convention of Human rights lists down simple and complex rights essential in human lives.

Essay on Human Rights 500 Words in English

Below we have provided Human Rights Essay in English, suitable for class 5, 6, 7, 8, 9 & 10.

Human rights refer to a set of rights which all humans can access. Man under human rights is not the same as under religion or philosophy. All humans can inherit these rights irrespective of their caste, colour, gender, or creed. Even their economic status does not matter in this aspect. Human rights defend our interests and enhance our living standards. We are entitled to these rights because we are born human. Our existence is the source of these rights. Some of the basic beliefs of these rights include:

• All humans are born free.
• They have equality in dignity and rights.
• Being members of the same family, they should maintain the spirit of brotherhood.
• Human beings are granted with a conscience.
• They have a sense of reason.
• They have the right to be recognized as an individual before the court of law.

United Nations Organization (UNO) believes human rights lay the foundation of freedom, peace, and justice in our world. There are no exclusive privileges or hierarchy in the matter of its possession. These rights are meant to lead our society towards progress. Being closely related to freedom, human rights improve the lives of both men and women. A better understanding of these rights would promote friendly relationships between different nations. It would bring the world together.

Types of Human Rights

Classification of Human rights is important. It makes us realize our roles in different fields of life. The Universal Declaration of Human Rights (UNDHR) has categorised human rights into two major types:

1. Civil and Political Rights

Civil and Political rights include the basic rights of human-like rights to liberty, nationality, and equality. They also take into consideration all the rights to freedom from slavery, punishment, exile, or arbitrary arrest. Freedom of speech, expression, movement, faith, and religion also fall in this category. These rights limit the government’s authority on our independence. Moreover, these rights allow us to involve in governmental matters. Under these, we are entitled to equal access to public services. We have the free choice to vote whomever we want.

2. Social and Cultural Rights

Social and Cultural rights guide the government to come up with new and effective ways. These ways would improve a citizen’s quality of life. Rights to work, rest, and health fall under this category of human rights. These also empower us with the right to equal pay for an equal level of work. Here, we can enjoy the benefits of having social security (during specific situations). These situations include old age, unemployment, sickness, etc. We can marry, have a family, and be entitled to the right to property.

Importance of Human Rights

The overall development of a country and its citizens is marked by the application of these rights. Each of these rights is unique. For example, the right to life is meant to protect us. It makes sure we are not threatened or killed. It also safeguards our peace of mind. If we look at the right to freedom of movement, we can see how it’s helping our mobility. This right respects our choices.

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International AI Treaty: Framework Convention on Artificial Intelligence, Human Rights, Democracy and Rule of Law

Last updated on September 11, 2024 by ClearIAS Team

An International AI Treaty is a global agreement that seeks to regulate the development, deployment, and governance of artificial intelligence (AI) technologies across nations. Read here to learn more.

There has been growing momentum towards creating one due to concerns over the rapid advancement of AI technologies , their ethical implications , and the potential for misuse.

The Council of Europe Framework Convention on artificial intelligence and human rights, democracy, and the rule of law was opened for signature during a conference of Council of Europe Ministers of Justice in Vilnius.

It is the first-ever international legally binding treaty aimed at ensuring that the use of AI systems is fully consistent with human rights, democracy and the rule of law.

Table of Contents

International AI Treaty

The International AI treaty, called the  Framework Convention on Artificial Intelligence,   Human Rights, Democracy and Rule of Law,  was drawn up by the Council of Europe.

The Framework Convention was signed by Andorra, Georgia, Iceland, Norway, the Republic of Moldova, San Marino, the United Kingdom, Israel, the United States of America, and the European Union.

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• The treaty provides a legal framework covering the entire lifecycle of AI systems.
• It promotes AI progress and innovation; while managing the risks it may pose to human rights, democracy and the rule of law. To stand the test of time, it is technology-neutral.
• The Framework Convention was adopted by the Council of Europe Committee of Ministers on 17 May 2024.
• The 46 Council of Europe member states, the European Union and 11 non-member states (Argentina, Australia, Canada, Costa Rica, the Holy See, Israel, Japan, Mexico, Peru, the United States of America and Uruguay) negotiated the treaty.
• Representatives of the private sector, civil society and academia contributed as observers.
• The treaty will enter into force on the first day of the month following the expiration of a period of three months after the date on which five signatories, including at least three Council of Europe member states, have ratified it.
• Countries from all over the world will be eligible to join it and commit to complying with its provisions.

Keys aspects of the treaty

• Human-Centric AI: The treaty mandates that AI systems must be designed and operated in alignment with human rights principles, ensuring they support and uphold democratic values.
• Transparency and Accountability: The treaty stipulates that AI systems, particularly those interacting with humans, must operate transparently. It also requires governments to provide legal recourse when AI systems infringe on human rights.
• Risk Management and Oversight: The treaty establishes frameworks for assessing and managing the risks associated with AI and oversight mechanisms to ensure adherence to safety and ethical standards.
• Protection Against Misuse: The treaty incorporates safeguards to prevent AI from being used to undermine democratic processes , including the preservation of judicial independence and ensuring public access to justice.

Enforcement Mechanisms

• Legal Accountability: Signatory nations are required to enact legislative and administrative measures to ensure AI systems adhere to the treaty’s principles like human rights and accountability in AI deployment.
• Monitoring and Oversight: The treaty establishes oversight mechanisms to monitor compliance with AI standards.
• International Cooperation: The treaty promotes collaboration among signatories to harmonise AI standards, share best practices, and address transnational AI issues, recognizing the global nature of AI technologies.
• Adaptability: The framework is designed to be technology-neutral, enabling it to evolve alongside advancements in AI, ensuring that standards remain relevant and enforceable as AI technologies rapidly progress.
• Exception in the Treaty: The treaty applies to all AI systems except those used in national security or defence, though it still requires that these activities respect international laws and democratic principles.

Need for an International AI Treaty

• Ethical Concerns : The development of AI technologies has raised questions about privacy, bias, and accountability. An international treaty could establish ethical guidelines for ensuring that AI systems respect human rights, prevent discrimination, and avoid harmful consequences.
• AI in Warfare : The use of AI in military applications, such as autonomous weapons, is a contentious issue. A treaty could address the risks of AI-driven warfare, promoting peaceful use and preventing an AI arms race.
• Standardization of Regulations : Currently, countries are developing their own AI regulations, leading to fragmented approaches. A treaty could help create uniform standards, ensuring that AI development is aligned with international norms and that systems developed in different countries are interoperable and ethically governed.
• Transparency and Accountability : Governments and corporations developing AI could be required to maintain transparency in their processes and be held accountable for their AI systems’ societal impact. This would be crucial for trust-building.
• Global Collaboration and Research : A treaty could promote the sharing of AI research, encouraging cooperation across countries, while safeguarding sensitive information related to national security or proprietary technology.

Global Attempts Towards an International AI Treaty

• UNESCO adopted recommendations on AI ethics in 2021, marking the first global framework that governments could follow in creating national regulations.
• OECD Principles on AI (2019): These principles provide a basis for trustworthy AI, focusing on inclusive growth, human-centred values, transparency, and accountability.
• EU AI Act : The European Union’s proposed regulations aim to classify AI applications based on their risk levels, which could be used as a model for an international treaty.

AI regulations in India

While India does not have specific AI laws, the regulation of AI is currently embedded within broader data protection, IT, and sector-specific laws. Further AI-specific regulations may emerge soon, as AI becomes more integrated into governance and society.

Data Protection Laws:

• Digital Personal Data Protection Act (DPDP) 2023 : India has introduced the DPDP Act, which governs the collection, processing, and storage of personal data. AI systems, especially those that use personal data, are required to comply with these provisions.
• IT Act, 2000 : This law provides a legal framework for electronic governance and cybersecurity. It indirectly regulates AI, especially in cases related to online fraud, cybersecurity threats, and unauthorized use of AI technologies.

AI Ethics Guidelines:

• NITI Aayog’s AI Strategy (2018) : In its report, “National Strategy for Artificial Intelligence,” NITI Aayog laid out a roadmap for AI adoption in India, emphasizing ethical AI usage, privacy, and security considerations. However, these are more policy guidelines than enforceable laws.
• Responsible AI for All : NITI Aayog also emphasizes a human-centric approach to AI that aligns with global norms on ethical use, fairness, and inclusivity.

Sector-Specific AI Regulations:

• Healthcare : The Indian Council of Medical Research (ICMR) has guidelines for the ethical use of AI in medical research, ensuring AI is used responsibly in diagnostics and patient care.
• Finance : AI use in financial services, such as fintech, is regulated by the Reserve Bank of India (RBI) guidelines, particularly concerning data protection, fraud detection, and automated credit decision-making.

Ongoing Developments:

• AI Legislation in Progress : India is reportedly working on sectoral regulations and a more comprehensive policy framework for AI, which could include laws specifically tailored to address AI-related concerns such as liability, transparency, and ethical usage.
• Expert Committees : The Ministry of Electronics and Information Technology (MeitY) has set up committees to explore how AI can be regulated in various sectors, considering ethical, legal, and social implications.

Read:  IndiaAI Mission

• Geopolitical Tensions : AI is seen as a strategic asset by many countries, making it difficult to reach a consensus on restrictions that could limit national advantages.
• Differences in AI Capabilities : Countries with advanced AI capabilities may be reluctant to sign onto a treaty that could hamper their technological edge while developing nations might push for more equitable access to AI technology.
• Enforcement : Ensuring compliance with an international treaty on AI would be challenging, particularly in areas like cyber defence, where nations may be unwilling to fully disclose AI capabilities.

Although discussions around an international AI treaty are still in the early stages, efforts by global organizations and governments point to increasing recognition of the need for a coordinated approach to governing AI responsibly.

Over time, we might see frameworks similar to nuclear non-proliferation or climate change agreements, setting boundaries on AI development and deployment at a global scale.

Frequently Asked Questions (FAQs)

Q. What are the international laws for AI?

Ans: On 5 September 2024, the first international AI treaty, involving countries like the United States, Britain, and European Union members, aims to protect human rights and promote responsible AI use, though experts have raised concerns about its broad principles and exemptions.

Q. What is the European Union AI treaty?

Ans: It promotes AI progress and innovation while managing the risks it may pose to human rights, democracy and the rule of law. To stand the test of time, it is technology-neutral. The Framework Convention was adopted by the Council of Europe Committee of Ministers on 17 May 2024.

Q. Does India have an AI law?

Ans: As of 2024, India does not have comprehensive, standalone laws specifically governing Artificial Intelligence (AI). However, AI-related issues are regulated indirectly through a variety of existing legal frameworks, guidelines, and policies.

-Article by Swathi Satish

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1995 Articles

THE DANGERS OF WILLFUL IGNORANCE

Pollack, Robert

In the collection of essays titled Beyond the Academy: A Scholar's Obligations (ACLS Occasional Paper No. 31), the authors—George R. Garrison, Arnita A. Jones, Robert Pollack, and Edward W. Said—explore the roles and responsibilities of scholars toward society. Each essay contributes a distinct perspective, yet together they form a cohesive argument about the ethical and civic duties of intellectuals. In the article "The Dangers of Willful Ignorance," Robert Pollack addresses the significant ethical responsibilities of scholars, particularly those in the scientific community, towards the broader public. He emphasizes the importance of "speaking truth to power" and warns against the consequences of avoiding the political implications of scientific work. Pollack reflects on historical instances, such as the misuse of genetics during the Nazi regime, to illustrate the dangers of neglecting the ethical dimensions of scientific advancements. He argues that modern scientific discoveries, especially in genetics, present both opportunities and risks, highlighting the need for careful consideration of how these technologies impact privacy and individual rights. Pollack calls for a stronger integration of scientific understanding into broader societal discussions, urging scholars to engage with the public and ensure that scientific knowledge is used ethically and responsibly. He also stresses the importance of teaching science in a way that makes it accessible and relevant to all, not just those within the scientific community. Pollack's overarching message is that scientists must not only pursue knowledge but also consider the ethical implications of their work and strive to prevent its misuse in society. Edward Said, in "On Defiance and Taking Positions," echoes Pollack's concern about the dangers of disengagement, but he expands the argument to emphasize the importance of intellectuals resisting orthodoxy and maintaining a critical, independent stance. Said stresses that scholars must engage in public discourse, not just within their disciplines, but in broader societal debates, particularly when human suffering is at stake. George Garrison and Arnita Jones also contribute to this dialogue by framing the scholar's role within the context of historical and social responsibility. Garrison discusses the moral obligations of educators to foster social development and progress, while Jones reflects on the challenges historians face in making their work relevant and accessible to the public. Together, these authors interact by building on each other's arguments about the responsibilities of scholars. Pollack’s focus on the ethical use of science is complemented by Said’s broader call for intellectual engagement beyond the academy. Garrison and Jones provide the historical and social contexts that ground these responsibilities, highlighting the need for scholars to be active participants in addressing the moral and civic challenges of their time. This interplay of ideas reinforces the central theme of the collection: that scholars have a profound obligation to engage with and contribute to the well-being of society.

• Medical sciences

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Russian Federation 1993 (rev. 2014) Subsequently amended

We, the multinational people of the Russian Federation,

united by a common fate on our land,

establishing human rights and freedoms, civil peace and accord,

preserving the historically established State unity,

proceeding from universally acknowledged principles of equality and self-determination of peoples,

revering the memory of ancestors who have passed on to us their love for the Fatherland and faith in good and justice,

reviving the sovereign statehood of Russia and asserting the firmness of its democratic basis,

striving to ensure the well-being and prosperity of Russia,

proceeding from the responsibility for our Fatherland before present and future generations,

recognizing ourselves to be a part of the world community,

do hereby adopt THE CONSTITUTION OF THE RUSSIAN FEDERATION.

SECTION ONE

Chapter 1. the basis of the constitutional system.

• Type of government envisioned The Russian Federation - Russia is a democratic federative law-governed state with a republican form of government.
• The names Russian Federation and Russia are equivalent.

Man, his rights and freedoms shall be the supreme value. The recognition, observance and protection of human and civil rights and freedoms shall be an obligation of the State.

• The bearer of sovereignty and the sole source of power in the Russian Federation shall be its multinational people.
• The people shall exercise its power directly, as well as through State government bodies and local self-government bodies.
• Referenda The supreme direct expression of the power of the people shall be referendum and free elections.
• Nobody may usurp power in the Russian Federation. The seizure of power or usurpation of State authority shall be prosecuted under federal law.
• The sovereignty of the Russian Federation shall extend to the entirety of its territory.
• The Constitution of the Russian Federation and federal laws shall have supremacy on the entire territory of the Russian Federation.
• The Russian Federation shall ensure the integrity and inviolability of its territory.
• The Russian Federation shall consist of republics, krays, oblasts, cities of federal significance, an autonomous oblast and autonomous okrugs, which shall have equal rights as constituent entities of the Russian Federation.
• A republic (state) shall have its own constitution and legislation. A kray, oblast, city of federal significance, autonomous oblast and autonomous okrug shall have its own charter and legislation.
• Right to self determination The federal structure of the Russian Federation shall be based on its State integrity, the unity of the system of State power, the division of matters of authority and powers between State government bodies of the Russian Federation and State government bodies of constituent entities of the Russian Federation, the equality and self-determination of peoples in the Russian Federation.
• All constituent entities of the Russian Federation shall be equal with one another in relations with federal State government bodies.
• Requirements for birthright citizenship Citizenship of the Russian Federation shall be acquired and terminated in accordance with federal law, and shall be one and equal, irrespective of the grounds on which it is acquired.
• Every citizen of the Russian Federation shall enjoy all rights and freedoms on its territory and shall bear equal responsibilities as envisaged in the Constitution of the Russian Federation.
• Right to renounce citizenship , Conditions for revoking citizenship A citizen of the Russian Federation may not be deprived of his (her) citizenship or of the right to change it.
• The Russian Federation shall be a social state whose policy is aimed at creating conditions ensuring a worthy life and a free development of Man.
• In the Russian Federation the labour and health of people shall be protected, a guaranteed minimum wage shall be established, State support shall be provided for the family, maternity, fatherhood and childhood, to the disabled and to elderly citizens, the system of social services shall be developed and State pensions, allowances and other social security guarantees shall be established.
• In the Russian Federation the integrity of economic space, free flow of goods, services and financial resources, support of competition, and the freedom of economic activity shall be guaranteed.
• In the Russian Federation private, State, municipal and other forms of property shall be recognized and shall be protected on an equal basis.
• Land and other natural resources shall be utilized and protected in the Russian Federation as the basis of the life and activity of the peoples living on the territories concerned.
• Land and other natural resources may be subject to private, State, municipal and other forms of ownership.

State power in the Russian Federation shall be exercised on the basis of its division into legislative, executive and judicial authority. Bodies of legislative, executive and judicial authority shall be independent.

• State power in the Russian Federation shall be exercised by the President of the Russian Federation, the Federal Assembly (the Council of Federation and the State Duma), the Government of the Russian Federation, and the courts of the Russian Federation.
• State power in constituent entities of the Russian Federation shall be exercised by bodies of State government formed by those constituent entities.
• The division of authorities and powers among State government bodies of the Russian Federation and State government bodies of constituent entities of the Russian Federation shall be established by this Constitution, the Federation Treaty and other treaties on the division of authorities and powers.

Local self-government shall be recognized and guaranteed in the Russian Federation. Local self-government shall be independent within the limits of its competence. Bodies of local self-government shall not form part of the system of State government bodies.

• Ideological diversity shall be recognized in the Russian Federation.
• No ideology shall be proclaimed as State ideology or as obligatory.
• Political diversity and the multi-party system shall be recognized in the Russian Federation.
• Public associations shall be equal before the law.
• The establishment and activities of public associations whose goals and activities are aimed at the forcible changing of the basis of the constitutional order and at violating the integrity of the Russian Federation, at undermining its security, at creating armed units, and at instigating social, racial, national and religious strife shall be prohibited.
• Official religion The Russian Federation shall be a secular state. No religion may be established as the State religion or as obligatory.
• Religious associations shall be separate from the State and shall be equal before the law.
• The Constitution of the Russian Federation shall have supreme legal force, direct effect and shall be applicable on the entire territory of the Russian Federation. Laws and other legal acts, which are adopted in the Russian Federation, must not contradict the Constitution of the Russian Federation.
• Duty to obey the constitution State government bodies, local self-government bodies, officials, citizens and their associations shall be obliged to observe the Constitution of the Russian Federation and laws.
• Laws must be officially published. Unpublished laws shall not have force. Any normative legal acts concerning human and civil rights, freedoms and obligations shall not have force unless they have been officially published for the information of the general public.
• International law , Customary international law , Legal status of treaties Universally recognized principles and norms of international law as well as international agreements of the Russian Federation should be an integral part of its legal system. If an international agreement of the Russian Federation establishes rules, which differ from those stipulated by law, then the rules of the international agreement shall be applied.
• The provisions of this Chapter of the Constitution shall constitute the fundamental principles of the constitutional order of the Russian Federation and may not be changed except in accordance with the procedure established by this Constitution.
• No other provisions of this Constitution may conflict with the fundamental principles of the constitutional order of the Russian Federation.

CHAPTER 2. HUMAN AND CIVIL RIGHTS AND FREEDOMS

• Customary international law In the Russian Federation human and civil rights and freedoms shall be recognized and guaranteed according to the universally recognized principles and norms of international law and this Constitution.
• Inalienable rights Basic human rights and freedoms shall be inalienable and shall be enjoyed by everyone from birth.
• The exercise of human and civil rights and freedoms must not violate the rights and freedoms of other people.

Human and civil rights and freedoms shall have direct force. They shall determine the meaning, content and implementation of laws, the functioning of legislative and executive authority and of local self-government, and shall be guaranteed by law.

• All persons shall be equal before the law and the court.
• Equality regardless of nationality , Equality regardless of financial status , Equality regardless of origin , Equality regardless of religion , Equality regardless of gender , Equality regardless of creed or belief , Equality regardless of race , Equality regardless of language The State guarantees the equality of human and civil rights and freedoms regardless of sex, race, nationality, language, origin, material and official status, place of residence, attitude to religion, convictions, membership of public associations, or of other circumstances. All forms of limitations of human rights on social, racial, national, language or religious grounds shall be prohibited.
• Equality regardless of gender Men and women shall enjoy equal rights and freedoms and equal opportunities to exercise them.
• Right to life Everyone shall have the right to life.
• Capital punishment until its complete abolition may be established by federal law as an exclusive form of punishment for particularly grave crimes against life, and the accused shall be granted the right to have his case examined by a court with the participation of a jury.
• Human dignity Human dignity shall be protected by the State. Nothing may serve as a basis for its derogation.
• Prohibition of corporal punishment , Reference to science , Prohibition of cruel treatment , Prohibition of torture Nobody should be subjected to torture, violence, or other severe or humiliating treatment or punishment. Nobody may be subjected to medical, scientific or other experiments without voluntary consent.
• Everyone shall have the right to freedom and personal inviolability.
• Protection from unjustified restraint Arrest, detention and keeping in custody shall be permissible only under a court order. A person may not be detained for more than 48 hours without a court order.
• Right to protect one's reputation Everyone shall have the right to the inviolability of his (her) private life, personal and family privacy, and protection of his (her) honour and good name.
• Everyone shall have the right to privacy of correspondence, of telephone conversations and of postal, telegraph and other communications. This right may be limited only on the basis of a court order.
• Collecting, keeping, using and disseminating information about the private life of a person shall not be permitted without his (her) consent.
• Right to information State government bodies and local self-government bodies and their officials shall be obliged to provide everyone with access to documents and materials directly affecting his (her) rights and freedoms, unless otherwise envisaged by law.

The home shall be inviolable. Nobody shall have the right to enter a dwelling place against the will of those residing therein, except in those cases provided for by federal laws or on the basis of a court order.

• Everyone shall have the right to determine and declare his (her) nationality. Nobody shall be forced to determine and declare his (her) nationality.
• Everyone shall have the right to use his (her) native language and to a free choice of the language of communication, upbringing, education and creative work.
• Freedom of movement Everyone who is legally present on the territory of the Russian Federation shall have the right to travel freely and freely to choose the place of temporary or permanent residence.
• Everyone may freely leave the Russian Federation. Citizens of the Russian Federation shall have the right freely to return to the Russian Federation.

Everyone shall be guaranteed freedom of conscience and religion, including the right to profess individually or collectively any religion or not to profess any religion, and freely to choose, possess and disseminate religious and other convictions and act in accordance with them.

• Freedom of expression , Freedom of opinion/thought/conscience Everyone shall be guaranteed freedom of thought and speech.
• Propaganda or agitation, which arouses social, racial, national or religious hatred and hostility shall be prohibited. Propaganda of social, racial, national, religious or linguistic supremacy shall also be prohibited.
• Nobody shall be forced to express his thoughts and convictions or to deny them.
• Everyone shall have the right freely to seek, receive, transmit, produce and disseminate information by any legal means. The list of types of information, which constitute State secrets, shall be determined by federal law.
• Freedom of press The freedom of the mass media shall be guaranteed. Censorship shall be prohibited.
• Freedom of association , Right to join trade unions Everyone shall have the right of association, including the right to establish trade unions for the protection of his (her) interests. The freedom of activity of public associations shall be guaranteed.
• Nobody may be compelled to join any association or to stay there.

Citizens of the Russian Federation shall have the right to assemble peacefully, without weapons, hold rallies, mass meetings and demonstrations, marches and pickets.

• Citizens of the Russian Federation shall have the right to participate in managing State affairs both directly and through their representatives.
• Municipal government , Subsidiary unit government Citizens of the Russian Federation shall have the right to elect and be elected to State government bodies and local self-government bodies, as well as to participate in referendums.
• Restrictions on voting Citizens who are recognized as incapable by a court, and citizens who are kept in places of imprisonment under a court sentence, shall not have the right to elect and be elected.
• Citizens of the Russian Federation shall enjoy equal access to State service.
• Citizens of the Russian Federation shall have the right to participate in administering justice.

Citizens of the Russian Federation shall have the right to appeal in person and make individual and collective appeals to State bodies and local self-government bodies.

• Everyone shall have the right to use freely his (her) abilities and property for entrepreneurial and other economic activity not prohibited by law.
• Right to competitive marketplace Economic activity aimed at monopolization and unfair competition shall not be permitted.
• Right to own property The right of private property shall be protected by law.
• Right to own property Everyone shall have the right to have property and to possess, use and dispose of it both individually and jointly with other persons.
• Protection from expropriation Nobody may be deprived of property except under a court order. Forced alienation of property for State requirements may take place only subject to prior and fair compensation.
• Right to transfer property The right of inheritance shall be guaranteed.
• Citizens and their associations shall have the right to possess land as private property.
• Possession, utilisation and disposal of land and other natural resources shall be exercised by the owners freely provided that this is not detrimental to the environment and does not violate the rights and lawful interests of other people.
• The conditions and procedure for the use of land shall be determined by federal law.
• Right to choose occupation Labour shall be free. Everyone shall have the right freely to use his (her) labour skills and to choose the type of activity and occupation.
• Prohibition of slavery Compulsory labour shall be forbidden.
• Right to safe work environment , Right to just remuneration , State support for the unemployed Everyone shall have the right to work in conditions, which meet safety and hygiene requirements, and to receive remuneration for labour without any discrimination whatsoever and not below the minimum wage established by federal law, as well as the right of protection against unemployment.
• Right to strike The right of individual and collective labour disputes with the use of the methods for their resolution, which are provided for by federal law, including the right to strike, shall be recognized.
• Right to rest and leisure Everyone shall have the right to rest. For those working under labour contracts the duration of work time, days of rest and public holidays and annual paid leave established by federal law shall be guaranteed.
• Rights of children Maternity, childhood and family shall be protected by the State.
• Rights or duties of parents Care for children and their upbringing shall be the equal right and duty of parents.
• Rights or duties of parents Able-bodied children over 18 years of age must take care of disabled parents.
• State support for the elderly , State support for the disabled Everyone shall be guaranteed social security for old age, in case of illness, disability and loss of the breadwinner, for the bringing up of children and in other cases specified by law.
• State pensions and social benefits shall be established by law.
• Voluntary social insurance, the creation of additional forms of social security and charity shall be encouraged.
• Everyone shall have the right to a home. Nobody may be arbitrarily deprived of his (her) home.
• State government bodies and local self-government bodies shall promote housing construction and create conditions for exercising the right to a home.
• Low-income citizens and other citizens mentioned in law who are in need of a home may receive it either free of charge or for an affordable payment from State, municipal and other housing funds according to the norms established by law.
• Right to health care Everyone shall have the right to health protection and medical care. Medical care in State and municipal health institutions shall be rendered to citizens free of charge at the expense of the appropriate budget, insurance premiums and other proceeds.
• In the Russian Federation federal programmes for the protection and improvement of the health of the public shall be financed, measures shall be taken to develop State, municipal and private healthcare systems, and activities shall be encouraged which contribute to the improvement of human health, the development of physical education and sport, and ecological, sanitary and epidemiological well-being.
• The concealment by officials of facts and circumstances, which pose a threat to the life and health of people, shall result in liability according to federal law.

Everyone shall have the right to a favourable environment, reliable information on the state of the environment and compensation for damage caused to his (her) health and property by violations of environmental laws.

• Everyone shall have the right to education.
• General access and free pre-school, secondary and secondary vocational education in State and municipal educational institutions and at enterprises shall be guaranteed.
• Everyone shall have the right to receive on a competitive basis free higher education in State and municipal educational institutions and at enterprises.
• Compulsory education Basic general education shall be compulsory. Parents or guardians shall ensure that children receive a basic general education.
• The Russian Federation shall establish federal State educational standards and shall support various forms of education and self-education.
• Reference to science , Right to academic freedom , Reference to art , Provisions for intellectual property Everyone shall be guaranteed the freedom of literary, artistic, scientific, technical and other types of creative activity and teaching. Intellectual property shall be protected by law.
• Right to culture Everyone shall have the right to participate in cultural life and use cultural establishments, and the right of access to cultural valuables.
• Everyone shall be obliged to care for the preservation of the cultural and historical heritage, and to protect monuments of history and culture.
• State protection of human and civil rights and freedoms in the Russian Federation shall be guaranteed.
• Everyone shall have the right to protect his (her) rights and freedoms by all means not prohibited by law.
• Everyone shall be guaranteed protection in court of his (her) rights and freedoms.
• Decisions and actions (or inaction) of State government bodies, local self-government bodies, public organisations and officials may be appealed against in court.
• International organizations Everyone shall have the right in accordance with international treaties of the Russian Federation to appeal to interstate bodies for the protection of human rights and freedoms if all available internal means of legal protection have been exhausted.
• Nobody may be deprived of the right to have his (her) case heard in the court and by the judge within whose competence the case is placed by law.
• Any person accused of committing a crime shall have the right to have his (her) case examined by a court with the participation of a jury in the cases envisaged by federal law.
• Right to counsel Everyone shall be guaranteed the right to qualified legal assistance. In the cases envisaged by law, legal assistance shall be provided free of charge.
• Any person detained, taken into custody or accused of committing a crime shall have the right to use the assistance of a lawyer (counsel for the defence) from the moment of being detained, placed in custody or accused.
• Presumption of innocence in trials Any person accused of committing a crime shall be considered innocent until his (her) guilt is proven in accordance with the procedure stipulated by federal law and is confirmed by a court sentence which has entered into legal force.
• The accused shall not be obliged to prove his (her) innocence.
• Irremovable doubts about the guilt of a person shall be interpreted in favour of the accused.
• Prohibition of double jeopardy Nobody may be convicted twice for one and the same crime.
• Regulation of evidence collection In administering justice it shall not be permitted to use evidence received through violating federal law.
• Right to appeal judicial decisions Any person convicted of a crime shall have the right to appeal against the verdict to a higher court in accordance with the procedure established by federal law, as well as to request pardon or mitigation of the punishment.
• Protection from self-incrimination Nobody shall be obliged to testify against himself, his (her) spouse or close relatives, the range of whom shall be determined by federal law.
• Federal law may establish other cases where the obligation to give evidence may be lifted.

The rights of victims of crimes and of abuses of office shall be protected by law. The State shall provide the victims with access to justice and compensation for damage sustained.

Everyone shall have the right to State compensation for damage caused by unlawful actions (inaction) of State government bodies and their officials.

• A law, which introduces or increases liability, shall not have retroactive force.
• Principle of no punishment without law , Protection from ex post facto laws Nobody may bear liability for an action, which was not regarded as a crime when it was committed. If, after an offense has been committed, the extent of liability for it is lifted or mitigated, the new law shall be applied.
• The enumeration in the Constitution of the Russian Federation of the basic rights and freedoms should not be interpreted as a denial or diminution of other universally recognized human and civil rights and freedoms.
• In the Russian Federation no laws must be adopted which abolish or diminish human and civil rights and freedoms.
• Human and civil rights and freedoms may be limited by federal law only to the extent necessary for the protection of the basis of the constitutional order, morality, health, rights and lawful interests of other people, and for ensuring the defence of the country and the security of the State.
• In the conditions of a state of emergency, in order to ensure the safety of citizens and the protection of the constitutional order and in accordance with federal constitutional law, certain restrictions may be imposed on human rights and freedoms with an indication of their limits and the period for which they have effect.
• A state of emergency on the entire territory of the Russian Federation and in certain areas thereof may be introduced subject to the circumstances and in accordance with the procedure stipulated by federal constitutional law.
• The rights and freedoms specified in Articles 20, 21, 23 (part 1), 24, 28, 34 (part 1), 40 (part 1), and 46-54 of the Constitution of the Russian Federation might not be restricted.

Everyone shall be obliged to pay legally established taxes and levies. Laws, which establish new taxes or deteriorate the position of taxpayers, shall not have retroactive force.

Everyone shall have a duty to preserve nature and the environment and to treat natural resources with care.

• Defence of the Fatherland shall be the duty and obligation of a citizen of the Russian Federation.
• Citizens of the Russian Federation shall perform military service in accordance with federal law.
• Right to conscientious objection In the event that their convictions or religious beliefs run counter to military service and in other cases established by federal law, citizens of the Russian Federation shall have the right to replace it with alternative civilian service.

A citizen of the Russian Federation may exercise all of his (her) rights and duties independently from the age of 18 years.

• A citizen of the Russian Federation may not be deported from the Russian Federation or extradited to another state.
• The Russian Federation shall guarantee its citizens protection and patronage abroad.
• A citizen of the Russian Federation may have citizenship of a foreign state (dual citizenship) in accordance with federal law or an international treaty of the Russian Federation.
• The possession of foreign citizenship by a citizen of the Russian Federation shall not diminish his (her) rights and freedoms and shall not release him from obligations stipulated for Russian citizenship, unless otherwise specified by federal law or an international treaty of the Russian Federation.
• Foreign citizens and stateless persons shall enjoy rights and bear obligations in the Russian Federation on a par with citizens of the Russian Federation, except in those cases envisaged by federal law or by an international treaty of the Russian Federation.
• Protection of stateless persons , Customary international law The Russian Federation shall grant political asylum to foreign citizens and stateless persons in accordance with the universally recognized norms of international law.
• Extradition procedure In the Russian Federation persons who are persecuted for their political convictions or for actions (or inaction) not recognized as a crime in the Russian Federation may not be extradited to other states. The extradition of persons accused of a crime, as well as the surrender of convicts to serve sentence in other states, shall be carried out on the basis of federal law or an international treaty of the Russian Federation.

The provisions of this Chapter shall constitute the fundamental principles of the legal status of the individual in the Russian Federation and may not be changed otherwise than in accordance with the procedure which is established by this Constitution.

CHAPTER 3. THE FEDERAL STRUCTURE

Republic of Adygeya (Adygeya), Republic of Altai, Republic of Bashkortostan, Republic of Buryatia, Republic of Crimea, Republic of Daghestan, Republic of Ingushetia, Kabardino-Balkarian Republic, Republic of Kalmykia, Karachayevo-Cherkessian Republic, Republic of Karelia, Komi Republic, Republic of Marij El, Republic of Mordovia, Republic of Sakha(Yakutia), Republic of North Osetia - Alania, Republic of Tatarstan (Tatarstan), Republic of Tuva, Udmurtian Republic, Republic of Khakasia, Chechen Republic, Chuvashi Republic - Chuvashia;

Altai kray, Krasnodar kray, Krasnoyarsk kray, Perm kray, Primorie kray, Stavropol kray, Khabarovsk kray;

Amur oblast, Arkhangelsk oblast, Astrakhan oblast, Belgorod oblast, Bryansk oblast, Vladimir oblast, Volgograd oblast, Vologda oblast, Voronezh oblast, Ivanovo oblast, Irkutsk oblast, Kaliningrad oblast, Kaluga oblast, Kamchatka oblast, Kemerovo oblast, Kirov oblast, Kostroma oblast, Kurgan oblast, Kursk oblast, Leningrad oblast, Lipets oblast, Magadan oblast, Moscow oblast, Murmansk oblast, Nizhni Novgorod oblast, Novgorod oblast, Novosibirsk oblast, Omsk oblast, Orenburg oblast, Oryol oblast, Penza oblast, Pskov oblast, Rostov oblast, Ryazan oblast, Samara oblast, Saratov oblast, Sakhalin oblast, Sverdlovsk oblast, Smolensk oblast, Tambov oblast, Tver oblast, Tomsk oblast, Tula oblast, Tyumen oblast, Ulyanovsk oblast, Chelyabinsk oblast, Chita oblast, Yaroslavl oblast;

Moscow, St. Petersburg, Sevastopol - cities of federal significance;

the Jewish autonomous oblast;

Nenets autonomous okrug, Khanty-Mansijsk autonomous okrug - Yugra, Chukotka autonomous okrug, Yamalo-Nenets autonomous okrug.

• Accession of territory , Colonies Admission into the Russian Federation and creation of a new constituent entity shall take place in accordance with the procedure established by federal constitutional law.
• The status of a republic shall be determined by the Constitution of the Russian Federation and the constitution of the republic.
• Municipal government , Subsidiary unit government The status of a kray, oblast, city of federal significance, autonomous oblast, autonomous okrug shall be determined by the Constitution of the Russian Federation and the charter of the kray, oblast, city of federal significance, autonomous oblast and autonomous okrug which is adopted by the legislative (representative) body of the corresponding constituent entity of the Russian Federation.
• Subsidiary unit government , Municipal government On a submission from legislative and executive bodies of an autonomous oblast or autonomous okrug, a federal law concerning an autonomous oblast or autonomous okrug may be adopted.
• Relations among autonomous okrugs within krays and oblasts may be regulated by federal law or by a treaty between State government bodies of the autonomous okrug and, accordingly, State government bodies of the kray or oblast.
• Secession of territory The status of a constituent entity of the Russian Federation may be changed by mutual agreement between the Russian Federation and the constituent entity of the Russian Federation in accordance with federal constitutional law.
• The territory of the Russian Federation shall comprise the territories of its constituent entities, inland waters and territorial sea and the air space over them.
• The Russian Federation shall have sovereign rights and exercise jurisdiction on the continental shelf and in the exclusive economic zone of the Russian Federation in accordance with the procedure specified by federal law and norms of international law.
• Borders between constituent entities of the Russian Federation may be changed upon their mutual consent.
• Official or national languages The Russian language shall be the State language on the entire territory of the Russian Federation.
• Official or national languages Republics shall have the right to establish their own State languages. In State government bodies, local self-government bodies and State institutions of republics they shall be used together with the State language of the Russian Federation.
• Protection of language use The Russian Federation shall guarantee all of its peoples the right to preserve their native language and to create conditions for its study and development.

The Russian Federation shall guarantee the rights of indigenous small peoples in accordance with the universally recognized principles and norms of international law and international treaties of the Russian Federation.

• National anthem , National flag The state flag, emblem and anthem of the Russian Federation, their description and the procedure for the official use thereof shall be established by federal constitutional law.
• National capital The capital of the Russian Federation shall be the city of Moscow. The status of the capital shall be established by federal law.

The Russian Federation shall have jurisdiction over:

• the adoption and amending of the Constitution of the Russian Federation and federal laws, control over compliance therewith;
• the federative structure and the territory of the Russian Federation;
• regulation and protection of human and civil rights and freedoms; citizenship in the Russian Federation, regulation and protection of the rights of national minorities;
• establishment of the system of federal legislative, executive and judicial bodies, the procedure for their organisation and activities, the formation of federal State government bodies;
• federal State property and administration thereof;
• establishment of the basic principles of federal policy and federal programmes in the sphere of State, economic, ecological, social, cultural and national development of the Russian Federation;
• establishment of the basic legal principles for the unified market; financial, currency, credit and customs regulation; money emission; the basic principles of pricing policy, federal economic services, including federal banks;
• the federal budget, federal taxes and levies, federal funds of regional development;
• federal power-engineering systems, nuclear power, fissile materials, federal transport, railways, information and communication, activities in space;
• foreign policy and international relations of the Russian Federation, international treaties of the Russian Federation, issues of war and peace;
• foreign economic relations of the Russian Federation;
• defence and security; military production; determination of the procedure for selling and purchasing weapons, ammunition, military equipment and other military hardware; production of poisonous substances, narcotic substances and the procedure for their use;
• determination of the status and protection of the State border, territorial sea, air space, the exclusive economic zone and the continental shelf of the Russian Federation;
• Provisions for intellectual property the judicial system, public prosecution, criminal and criminal-executive legislation, amnesty and remission, civil legislation, procedural legislation, legal regulation of intellectual property;
• federal collision law;
• meteorological service, standards, metric and time systems, geodesy and cartography, names of geographical units, official statistics and accounting;
• State awards and honorary titles of the Russian Federation;
• federal State service.
• measures to ensure the correspondence of constitutions and laws of republics, the charters, laws and other normative legal acts of krays, oblasts, cities of federal significance, autonomous oblast and autonomous okrugs to the Constitution of the Russian Federation and federal laws;
• protection of human and civil rights and freedoms, protection of the rights of national minorities, ensuring lawfulness, law and order, public security; border zone regimes;
• Ownership of natural resources issues of the possession, utilisation and management of land and of subsurface, water and other natural resources;
• demarcation of State property;
• Protection of environment use of natural resources, protection of the environment and provisions for ecological safety; specially protected natural territories, protection of historical and cultural monuments;
• Reference to science general issues of upbringing, education, science, culture, physical education and sport;
• coordination of health care issues; protection of the family, maternity, fatherhood and childhood, social protection, including social security;
• carrying out measures against catastrophes, natural disasters, epidemics and rectification of their consequences;
• establishment of common principles of taxation and levies in the Russian Federation;
• administrative, administrative-procedural, labour, family, housing, land, water and forest legislation; legislation on subsurface resources and on environmental protection;
• personnel of judicial and law enforcement bodies; lawyers, notaries;
• protection of the traditional habitat and the traditional way of life of small ethnic communities;
• establishment of general principles of the organisation of the system of State government and local self-government bodies;
• coordination of international and foreign economic relations of constituent entities of the Russian Federation, observance of international agreements of the Russian Federation.
• The provisions of this Article shall be equally valid for republics, krays, oblasts, cities of federal significance, autonomous oblast and autonomous okrugs.

Article 73.

Outside the limits of authority of the Russian Federation and the powers of the Russian Federation on issues under the joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation, the constituent entities of the Russian Federation shall enjoy full State power.

Article 74.

• In the territory of the Russian Federation it shall not be permitted to establish custom borders, duties, levies or any other barriers to the free flow of goods, services and financial resources.
• Restrictions on the movement of goods and services may be introduced in accordance with federal law only to ensure security, to protect the life and health of people and top reserve nature and cultural values.
• Central bank The monetary unit in the Russian Federation shall be the rouble. Money emission shall be carried out exclusively by the Central Bank of the Russian Federation. The introduction and emission of other currencies in Russia shall not be permitted.
• Central bank Protecting and ensuring the stability of the rouble shall be the principal function of the Central Bank of the Russian Federation, which it shall fulfil independently of other State governmental bodies.
• The system of taxes paid to the federal budget and the general principles of taxation and levies in the Russian Federation shall be determined by federal law.
• State loans shall be issued in accordance with the procedure specified by federal law and shall be floated on a voluntary basis.
• On issues under the jurisdiction of the Russian Federation, federal constitutional laws and federal laws shall be adopted. These shall have direct force on the entire territory of the Russian Federation.
• On issues under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, in addition to federal laws, laws and other normative legal acts of constituent entities of the Russian Federation shall be issued which are adopted in accordance with those federal laws.
• Federal laws may not conflict with federal constitutional laws.
• Municipal government , Subsidiary unit government Outside the limits of authority of the Russian Federation and of the joint jurisdiction of the Russian Federation and constituent entities of the Russian Federation republics, krays, oblasts, cities of federal significance, autonomous oblast and autonomous okrugs shall exercise their own legal regulation, including the adoption of laws and other normative legal acts.
• National vs subnational laws Laws and other normative legal acts of the constituent entities of the Russian Federation shall not conflict with federal laws which are adopted in accordance with parts one and two of this Article. In the event of a conflict between a federal law and any other act issued in the Russian Federation, the federal law shall prevail.
• National vs subnational laws In the event of a conflict between a federal law and a normative legal act of a constituent entity of the Russian Federation issued in accordance with part four of this Article, the normative legal act of the constituent entity of the Russian Federation shall prevail.
• The system of State government bodies of republics, krays, oblasts, cities of federal significance, autonomous oblast and autonomous okrugs shall be established by the constituent entities of the Russian Federation independently in accordance with the basic principles of the constitutional order of the Russian Federation and the general principles of the organisation of representative and executive State government bodies which are established by federal law.
• Within the limits of the jurisdiction and powers of the Russian Federation on issues under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation federal executive government bodies and executive government bodies of the constituent entities of the Russian Federation shall form a unified system of executive authority in the Russian Federation.
• Federal executive government bodies may, in order to exercise their powers, establish their own territorial bodies and appoint appropriate officials.
• Municipal government , Subsidiary unit government Federal executive government bodies, by agreement with executive government bodies of constituent entities of the Russian Federation, may delegate some of their powers to the latter provided that this does not conflict with the Constitution of the Russian Federation and federal laws.
• Municipal government , Subsidiary unit government Executive government bodies of constituent entities of the Russian Federation, by agreement with federal executive government bodies, may delegate some of their powers to the latter.
• The President of the Russian Federation and the Government of the Russian Federation shall provide for the implementation of the powers of federal State power on the entire territory of the Russian Federation in accordance with the Constitution of the Russian Federation.

The Russian Federation may participate in interstate associations and transfer some of its powers to those associations in accordance with international treaties provided that this does not entail restrictions on human and civil rights and freedoms and does not conflict with the basic principles of the constitutional order of the Russian Federation.

CHAPTER 4. THE PRESIDENT OF THE RUSSIAN FEDERATION

• Name/structure of executive(s) The President of the Russian Federation shall be the Head of State.
• The President of the Russian Federation shall be the guarantor of the Constitution of the Russian Federation and of human and civil rights and freedoms. In accordance with the procedure established by the Constitution of the Russian Federation, he (she) shall adopt measures to protect the sovereignty of the Russian Federation, its independence and State integrity, and shall ensure the coordinated functioning and interaction of State government bodies.
• The President of the Russian Federation shall, in accordance with the Constitution of the Russian Federation and federal laws, determine the basic objectives of the internal and foreign policy of the State.
• Foreign affairs representative The President of the Russian Federation, as the Head of State, shall represent the Russian Federation within the country and in international relations.
• Head of state selection , Secret ballot , Claim of universal suffrage , Head of state term length The President of the Russian Federation shall be elected for six years by citizens of the Russian Federation on the basis of universal, equal, direct suffrage by secret ballot.
• Minimum age of head of state , Eligibility for head of state Any citizen of the Russian Federation not younger than 35 years of age who has resided in the Russian Federation on a permanent basis for not less than 10 years may be elected President of the Russian Federation.
• Head of state term limits One and the same person cannot hold the office of the President of the Russian Federation for more than two terms running.
• Head of state selection The procedure for elections of the President of the Russian Federation shall be determined by federal law.

"I swear that in exercising the powers of the President of the Russian Federation I shall respect and protect human and civil rights and freedoms, observe and protect the Constitution of the Russian Federation, protect the sovereignty and independence, security and integrity of the State, and faithfully serve the people".

• The oath shall be taken in a solemn ceremony in the presence of members of the Council of Federation, deputies of the State Duma and judges of the Constitutional Court of the Russian Federation.

The President of the Russian Federation:

• Head of government selection shall appoint, with the consent of the State Duma, the Chairman of the Government of the Russian Federation;
• shall have the right to chair meetings of the Government of the Russian Federation;
• shall adopt decisions on the resignation of the Government of the Russian Federation;
• Central bank shall nominate to the State Duma a candidate for appointment to the post of Chairman of the Central Bank of the Russian Federation; shall raise before the State Duma the issue of relieving the Chairman of the Central Bank of the Russian Federation of his post;
• Cabinet removal , Cabinet selection in accordance with proposals of the Chairman of the Government of the Russian Federation, shall appoint and relieve of their post deputy chairmen of the Government of the Russian Federation and federal ministers;
• Supreme court selection , Ordinary court selection , Constitutional court selection shall present to the Council of Federation candidates for the posts of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, shall appoint judges of other federal courts;
• Attorney general shall present to the Council of Federation candidates for the posts of Prosecutor General of the Russian Federation and deputies of the Prosecutor General of the Russian Federation, shall submit to the Council of Federation proposals to relieve the Prosecutor General and deputies of the Prosecutor General of their posts, shall appoint and relieve from posts public prosecutors of the constituent entities of the Russian Federation, as well as other prosecutors, except for public prosecutors of cities, districts and prosecutors equated with them;
• Second chamber selection , Removal of individual legislators shall appoint and dismiss the representatives of the Russian Federation in the Council of the Federation;
• Advisory bodies to the head of state shall form and head the Security Council of the Russian Federation, the status of which shall be determined by federal law;
• shall approve the military doctrine of the Russian Federation;
• shall form the Administration of the President of the Russian Federation;
• shall appoint and dismiss plenipotentiary representatives of the President of the Russian Federation;
• Selection of active-duty commanders shall appoint and dismiss supreme commanders of the Armed Forces of the Russian Federation;
• International organizations shall appoint and recall after consultations with appropriate committees and commissions of the chambers of the Federal Assembly diplomatic representatives of the Russian Federation in foreign States and international organisations.
• shall announce elections to the State Duma in accordance with the Constitution of the Russian Federation and federal law;
• Dismissal of the legislature shall dissolve the State Duma in the cases and in accordance with the procedure provided for by the Constitution of the Russian Federation;
• Referenda shall announce referendums in accordance with the procedure established by federal constitutional law;
• shall submit draft laws to the State Duma;
• shall sign and promulgate federal laws;
• Legislative oversight of the executive shall address the Federal Assembly with annual messages on the situation in the country and on the basic objectives of the internal and foreign policy of the State.
• The President of the Russian Federation may use conciliatory procedures to resolve disputes between State government bodies of the Russian Federation and State government bodies of constituent entities of the Russian Federation, and disputes between State government bodies of constituent entities of the Russian Federation. In the event that no agreed decision is reached, he (she) shall have the right to refer the dispute to the appropriate court.
• International law The President of the Russian Federation shall have the right to suspend acts of executive government bodies of constituent entities of the Russian Federation in the event that these acts conflict with the Constitution of the Russian Federation and federal laws or with international commitments of the Russian Federation, or violate human and civil rights and freedoms until the issue is resolved by an appropriate court.
• shall direct the foreign policy of the Russian Federation;
• Treaty ratification shall hold negotiations and sign international treaties of the Russian Federation;
• shall sign instruments of ratification;
• shall receive letters of credence and letters of recall of diplomatic representatives accredited to his (her) office.
• Designation of commander in chief The President of the Russian Federation shall be the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation.
• Emergency provisions In the event of aggression against the Russian Federation or of a direct threat of aggression, the President of the Russian Federation shall introduce martial law on the territory of the Russian Federation or on certain parts thereof and shall immediately inform the Council of Federation and the State Duma of this.
• Emergency provisions The regime of martial law shall be defined by federal constitutional law.

The President of the Russian Federation, in the circumstances and in accordance with the procedure envisaged by federal constitutional law, shall introduce a state of emergency on the territory of the Russian Federation or on certain parts thereof and shall immediately inform the Council of Federation and the State Duma of this.

• shall decide on issues of citizenship of the Russian Federation and of granting political asylum;
• shall bestow State awards of the Russian Federation and confer honorary titles of the Russian Federation and supreme military and supreme special titles;
• Power to pardon shall grant pardon.
• Head of state decree power The President of the Russian Federation shall issue edicts and regulations.
• The edicts and regulations of the President of the Russian Federation shall be binding on the entire territory of the Russian Federation.
• Edicts and regulations of the President of the Russian Federation must not conflict with the Constitution of the Russian Federation and federal laws.

The President of the Russian Federation shall have immunity.

• The President of the Russian Federation shall begin to exercise his (her) powers from the moment of taking the oath and shall cease to do so when his (her) term of office expires and after a newly-elected the President of the Russian Federation has been sworn in.
• Head of state replacement The President of the Russian Federation shall cease to exercise his (her) powers before the end of his (her) term in the event of his (her) resignation, persistent inability for health reasons to carry out the powers invested in him (her), or impeachment. Presidential elections shall be held before the expiration of three months from the date of the early termination of presidential office.
• In all cases where the President of the Russian Federation is unable to fulfil his (her) duties, they shall be temporarily delegated to the Chairman of the Government of the Russian Federation. The Acting President of the Russian Federation shall not have the right to dissolve the State Duma, call a referendum or to submit proposals for amendments to and the revision of the provisions of the Constitution of the Russian Federation.
• The President of the Russian Federation may be impeached by the Council of Federation only on the basis of charges of high treason or of another grave crime brought by the State Duma and confirmed by a resolution of the Supreme Court of the Russian Federation on the existence of indications of a crime in the actions of the President of the Russian Federation and by a resolution of the Constitutional Court of the Russian Federation confirming that the established procedure for bringing charges has been observed.
• The decision of the State Duma to bring charges and the decision of the Council of Federation to impeach the President must be adopted by two-thirds of votes of the total number of members of each chamber on the initiative of not less than one third of deputies of the State Duma and on the basis of a resolution of a special commission setup by the State Duma.
• The decision of the Council of Federation to impeach the President of the Russian Federation must be adopted not later than three months after the State Duma brings charges against the President. If a decision of the Council of Federation is not adopted within this time the charges against the President shall be regarded as having been declined.

CHAPTER 5. THE FEDERAL ASSEMBLY

The Federal Assembly - parliament of the Russian Federation shall be the representative and legislative body of the Russian Federation.

• Structure of legislative chamber(s) The Federal Assembly shall consist of two chambers - the Council of Federation and the State Duma.
• Second chamber selection , Size of second chamber The Council of Federation shall include: two representatives from each constituent entity of the Russian Federation - one from the legislative (representative) and one from executive body of state government; representatives of the Russian Federation, appointed by the President of the Russian Federation, the number of which shall not be more than ten percent of the members of the Council of Federation - representatives from legislative (representative) and executive bodies of state government of constituent entities of the Russian Federation.
• Term length of second chamber A member of the Council of Federation – a representative from legislative (representative) or executive body of state government of a constituent entity of the Russian Federation shall be vested with authority for the term of the relevant body of state government of the constituent entity of the Russian Federation.
• Removal of individual legislators The President of the Russian Federation shall have no right during the first term of his (her) presidency to dismiss a member of the Council of Federation - representative of the Russian Federation who was appointed prior to his (her) entry into office, except in instances where this is provided for by federal law.
• Size of first chamber The State Duma shall consist of 450 deputies.
• Term length for first chamber The State Duma shall be elected for a term of five years.
• First chamber selection , Eligibility for second chamber , Second chamber selection The procedure for forming the Council of Federation and the procedure for electing deputies to the State Duma shall be established by federal laws.
• Eligibility for first chamber , Minimum age for first chamber Any citizen of the Russian Federation who has reached 21 years of age and who has the right to participate in elections may be elected deputy of the State Duma.
• Outside professions of legislators One and the same person may not be simultaneously a member of the Council of Federation and a deputy of the State Duma. A deputy of the State Duma may not be a deputy of other representative State government bodies and local self-government bodies.
• Outside professions of legislators Deputies of the State Duma shall work on a professional permanent basis. Deputies of the State Duma may not be employed in State service or engage in other paid activities, except for teaching and scientific and other creative work.
• Members of the Council of Federation and deputies of the State Duma shall enjoy immunity during the whole term of their office. They may not be detained, arrested or searched, except in the event of detention at the scene of a crime. They may not be subjected to personal searches, except in instances where this is provided for by federal law in order to ensure the safety of other people.
• The issue of the removal of immunity shall be resolved by an appropriate chamber of the Federal Assembly upon submission of the Prosecutor General of the Russian Federation.
• Length of legislative sessions The Federal Assembly shall be a permanently functioning body.
• Extraordinary legislative sessions The State Duma shall convene its first session on the thirtieth day after election. The President of the Russian Federation may convene a session of the State Duma earlier than this date.
• The first session of the State Duma shall be opened by the oldest deputy.
• From the moment that the State Duma of a new convocation begins to work the powers of the State Duma of the previous convocation shall expire.

Article 100

• The Council of Federation and the State Duma shall hold separate sessions.
• Public or private sessions Sessions of the Council of Federation and of the State Duma shall be open. In the cases envisaged by the procedural regulations of a chamber, the latter shall have the right to hold closed-door sessions.
• Joint meetings of legislative chambers The chambers may hold joint sessions to hear messages of the President of the Russian Federation, messages of the Constitutional Court of the Russian Federation and speeches of leaders of foreign states.

Article 101

• Leader of second chamber , Leader of first chamber The Council of Federation shall elect from among its members the Chairman of the Council of Federation and his (her) deputies. The State Duma shall elect from among its members the Chairman of the State Duma and his (her) deputies.
• The Chairman of the Council of Federation and his (her) deputies and the Chairman of the State Duma and his (her) deputies shall chair sessions and shall be in charge of the internal routine of the chamber.
• Legislative committees The Council of Federation and the State Duma shall set up committees and commissions and shall hold parliamentary hearings on issues under their authority.
• Each of the chambers shall adopt its procedural regulations and resolve issues relating to the routine procedures for its activities.
• To monitor implementation of the federal budget the Council of Federation and the State Duma shall set up the Accounts Chamber, whose composition and work procedures shall be determined by federal law.

Article 102

• approval of border changes between constituent entities of the Russian Federation;
• Emergency provisions approval of edict of the President of the Russian Federation on the introduction of martial law;
• Emergency provisions approval of edict of the President of the Russian Federation on the introduction of a state of emergency;
• Designation of commander in chief deciding on the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation;
• announcement of elections of the President of the Russian Federation;
• impeachment of the President of the Russian Federation;
• Supreme court selection , Constitutional court selection appointment of judges of the Constitutional Court of the Russian Federation, of the Supreme Court of the Russian Federation;
• Attorney general appointment and dismissal of the Prosecutor General of the Russian Federation and deputies of the Prosecutor General of the Russian Federation;
• appointment and dismissal of the deputy Chairman and half of the auditors of the Accounts Chamber.
• The Council of Federation shall adopt decrees on issues referred to its authority by the Constitution of the Russian Federation.
• Decrees of the Council of Federation shall be adopted by a majority of the total number of members of the Council of Federation unless another procedure for adopting decisions is envisaged by the Constitution of the Russian Federation.

Article 103

• Head of government selection consent to the appointment of the Chairman of the Government of the Russian Federation by the President of the Russian Federation;
• Cabinet removal , Head of government removal deciding the issue of confidence in the Government of the Russian Federation;
• Legislative oversight of the executive hearing annual reports from the Government of the Russian Federation on the results of its work, including on issues raised by the State Duma;
• Central bank appointment and dismissal of the Chairman of the Central Bank of the Russian Federation;
• appointment and dismissal of the Chairman and half of the auditors of the Accounts Chamber;
• Ombudsman appointment and dismissal of the Commissioner for Human Rights, who shall act according to federal constitutional law;
• announcement of amnesty;
• bringing charges against the President of the Russian Federation for his (her) impeachment;
• The State Duma shall adopt decrees on issues referred to its authority by the Constitution of the Russian Federation.
• Decrees of the State Duma shall be adopted by a majority of the total number of deputies of the State Duma, unless another procedure for adopting decisions is envisaged by the Constitution of the Russian Federation.

Article 104

• Municipal government , Subsidiary unit government , Initiation of general legislation The right of legislative initiative shall belong to the President of the Russian Federation, the Council of Federation, members of the Council of Federation, deputies of the State Duma, the Government of the Russian Federation, and legislative (representative) bodies of constituent entities of the Russian Federation. The right of legislative initiative shall also belong to the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on issues within their competence.
• Bills shall be submitted to the State Duma.
• Tax bills , Finance bills , Budget bills Bills on the introduction or cancellation of taxes, on exemption from taxes, on the issue of State loans, on changes in the financial obligations of the State, and other bills envisaging expenses to be covered from the federal budget may be submitted only upon a resolution of the Government of the Russian Federation.

Article 105

• Federal laws shall be adopted by the State Duma.
• Federal laws shall be adopted by a majority of votes of the total number of deputies of the State Duma, unless otherwise envisaged by the Constitution of the Russian Federation.
• Federal laws adopted by the State Duma shall be submitted within five days for examination by the Council of Federation.
• A federal law shall be considered to have been approved by the Council of Federation if over a half of the total number of members of that chamber have voted for it or if the Council of Federation does not examine it within fourteen days. In the event that the Council of Federation rejects a federal law, the chambers may set up a conciliatory commission to settle differences, after which the federal law shall be reconsidered by the State Duma.
• In the event that the State Duma disagrees with the decision of the Council of Federation a federal law shall be considered to have been adopted if in the second vote not less than two thirds of the total number of deputies of the State Duma has voted in favour of it.

Article 106

Federal laws adopted by the State Duma on the following issues must compulsorily be examined by the Council of Federation:

• Budget bills the federal budget;
• Tax bills federal taxes and levies;
• financial, currency, credit and customs regulation, money emission;
• International law , Treaty ratification ratification and denunciation of international treaties of the Russian Federation;
• the status and protection of the State border of the Russian Federation;
• war and peace.

Article 107

• An adopted federal law shall be submitted within five days to the President of the Russian Federation for signing and promulgation.
• The President of the Russian Federation shall sign the federal law and promulgate it within fourteen days.
• Veto override procedure If the President of the Russian Federation rejects a federal law within fourteen days of receiving it, the State Duma and the Council of Federation shall reconsider that law in accordance with the procedure established by the Constitution of the Russian Federation. If upon reconsideration the law is approved in the previously adopted wording by a majority of not less than two thirds of the total number of members of the Council of Federation and of deputies of the State Duma, it must be signed by the President within seven days and promulgated.

Article 108

• Federal constitutional laws shall be adopted on issues envisaged by the Constitution of the Russian Federation.
• Supermajority required for legislation A federal constitutional law shall be considered to have been adopted if it is approved by a majority of not less than three quarters of the total number of members of the Council of Federation and not less than two-thirds of the total number of deputies of the State Duma. An adopted federal constitutional law shall be signed by the President of the Russian Federation and promulgated within fourteen days.

Article 109

• The State Duma may be dissolved by the President of the Russian Federation in the cases envisaged by Articles 111 and 117 of the Constitution of the Russian Federation.
• In the event that the State Duma is dissolved, the President of the Russian Federation shall announce the date of elections so that a newly-elected State Duma may be convened not later than four months after the dissolution.
• The State Duma may not be dissolved on the grounds envisaged in Article 117 of the Constitution of the Russian Federation during the year following its election.
• The State Duma may not be dissolved from the moment that it brings charges against the President of the Russian Federation until the Council of Federation adopts a decision on the issue.
• Emergency provisions The State Duma may not be dissolved while a state of emergency or martial law is in effect on the whole territory of the Russian Federation, or during the last six months of the term of office of the President of the Russian Federation.

CHAPTER 6. THE GOVERNMENT OF THE RUSSIAN FEDERATION

Article 110.

• Executive power in the Russian Federation shall be exercised by the Government of the Russian Federation.
• Name/structure of executive(s) The Government of the Russian Federation shall consist of the Chairman of the Government of the Russian Federation, deputy chairmen of the Government of the Russian Federation and federal ministers.

Article 111

• The Chairman of the Government of the Russian Federation shall be appointed by the President of the Russian Federation with the consent of the State Duma.
• Nominations for the Chairman of the Government of the Russian Federation shall be submitted not later than two weeks after a newly-elected President of the Russian Federation assumes office or after the resignation of the Government of the Russian Federation or within one week after the State Duma has rejected a nomination.
• The State Duma shall consider the candidate nominated by the President of the Russian Federation for the post of Chairman of the Government of the Russian Federation within one week after the submission of the nomination.
• Dismissal of the legislature In the event that the State Duma rejects the candidates for the post of Chairman of the Government of the Russian Federation three times, the President of the Russian Federation shall appoint the Chairman of the Government of the Russian Federation, dissolve the State Duma and announce new elections.

Article 112

• The Chairman of the Government of the Russian Federation shall, not later than one week after appointment, submit to the President of the Russian Federation proposals on the structure of federal executive government bodies.
• Cabinet selection The Chairman of the Government of the Russian Federation shall propose to the President of the Russian Federation candidates for the posts of deputy chairmen of the Government of the Russian Federation and federal ministers.

Article 113

The Chairman of the Government of the Russian Federation, in accordance with the Constitution of the Russian Federation, federal laws and edicts of the President of the Russian Federation, shall determine the basic objectives of the activities of the Government of the Russian Federation and shall organize its work.

Article 114

• Budget bills , Legislative oversight of the executive shall develop and submit to the State Duma a federal budget and provide for its implementation; shall submit to the State Duma a report on the implementation of the federal budget; and shall submit to the State Duma annual reports on the results of its work, including on issues raised by the State Duma;
• shall ensure the implementation in the Russian Federation of a uniform financial, credit and monetary policy;
• Reference to science shall ensure the implementation in the Russian Federation of a uniform State policy in the sphere of culture, science, education, health, social security and ecology;
• shall carry out the administration of federal property;
• shall carry out measures to secure the defense of the country, State security, and implementation of the foreign policy of the Russian Federation;
• shall implement measures to ensure lawfulness and civil rights and freedoms, protect property and public order, and combat crime;
• shall exercise other functions, which are entrusted to it by the Constitution of the Russian Federation, federal laws and edicts of the President of the Russian Federation.
• The procedure for the activities of the Government of the Russian Federation shall be determined by federal constitutional law.

Article 115

• On the basis of the Constitution of the Russian Federation, federal laws and normative edicts of the President of the Russian Federation and for the purpose of their implementation, the Government of the Russian Federation shall issue decrees and regulations and ensure their implementation.
• Decrees and regulations of the Government of the Russian Federation shall be binding in the Russian Federation.
• In the event that decrees and regulations of the Government of the Russian Federation conflict with the Constitution of the Russian Federation, federal laws and edicts of the President of the Russian Federation, they may be abolished by the President of the Russian Federation.

Article 116

The Government of the Russian Federation shall resign its powers before a newly-elected President of the Russian Federation.

Article 117

• The Government of the Russian Federation may offer its resignation and the President of the Russian Federation shall either accept or reject it.
• The President of the Russian Federation may decide on the resignation of the Government of the Russian Federation.
• Dismissal of the legislature The State Duma may express no confidence in the Government of the Russian Federation. A resolution of no confidence in the Government shall be adopted by a majority of votes of the total number of deputies of the State Duma. After the State Duma has expressed no confidence in the Government of the Russian Federation, the President of the Russian Federation shall have the right to announce the resignation of the Government or to reject the decision of the State Duma. In the event that the State Duma expresses no confidence in the Government of the Russian Federation again within three months, the President of the Russian Federation shall announce the resignation of the Government or dissolve the State Duma.
• Dismissal of the legislature The Chairman of the Government of the Russian Federation may raise before the State Duma the issue of confidence in the Government of the Russian Federation. If the State Duma returns a vote of no confidence, the President shall within seven days adopt a decision on the resignation of the Government of the Russian Federation or on the dissolution of the State Duma and the announcement of new elections.
• In the event of the resignation or cessation of the powers of the Government of the Russian Federation, it shall continue to work on the instructions of the President of the Russian Federation until a new Government of the Russian Federation is formed.

CHAPTER 7. JUDICIAL AUTHORITY AND PUBLIC PROSECUTION

Article 118.

• Justice in the Russian Federation shall be administered only by court.
• Judicial authority shall be exercised by means of constitutional, civil, administrative and criminal proceedings.
• The judicial system in the Russian Federation shall be established by the Constitution of the Russian Federation and federal constitutional law. The creation of extraordinary courts shall not be permitted.

Article 119

Judges shall be citizens of the Russian Federation over 25 years of age with a higher education in law who have served in the legal profession for not less than five years. Federal law may establish additional requirements for judges of the courts of the Russian Federation.

Article 120

• Judicial independence Judges shall be independent and shall be subordinate only to the Constitution of the Russian Federation and federal law.
• Should a court establish when considering a case that a legal act of a State or other body conflicts with law, it shall take a decision in accordance with the law.

Article 121

• Judges shall be irremovable.
• Supreme/ordinary court judge removal The powers of a judge may be terminated or suspended only on the grounds and in accordance with the procedure established by federal law.

Article 122

• Judges shall be inviolable.
• A judge cannot face criminal liability otherwise than in accordance with the procedure established by federal law.

Article 123

• Right to public trial The examination of cases in all courts shall be open. Cases may be heard in closed sessions in those instances where this is permitted by federal law.
• The examination of criminal cases by default in courts shall not be permitted except in instances where this is permitted by federal law.
• Right to fair trial Judicial proceedings shall be conducted on the basis of controversy and the equality of the parties concerned.
• Jury trials required In cases provided for by federal law, judicial proceedings shall be conducted with the participation of a jury.

Article 124

Courts shall be financed only from the federal budget and should ensure the possibility of the complete and independent administration of justice according to the requirements of federal law.

Article 125

• The Constitutional Court of the Russian Federation shall consist of 19 judges.
• federal laws, normative acts of the President of the Russian Federation, the Council of Federation, the State Duma, the Government of the Russian Federation;
• Federal review of subnational legislation constitutions of republics, charters as well as laws and other normative acts of constituent entities of the Russian Federation adopted on issues under the jurisdiction of bodies of State power of the Russian Federation and under the joint jurisdiction of bodies of State power of the Russian Federation and bodies State power of constituent entities of the Russian Federation;
• treaties between bodies of State power of the Russian Federation and bodies of State power of constituent entities of the Russian Federation, treaties between bodies of State power of constituent entities of the Russian Federation;
• International law international treaties of the Russian Federation pending their entry into force.
• between federal State government bodies;
• between State government bodies of the Russian Federation and State government bodies of constituent entities of the Russian Federation;
• between higher State government bodies of constituent entities of the Russian Federation.
• Constitutional interpretation The Constitutional Court of the Russian Federation, on receiving complaints about violations of the constitutional rights and freedoms of citizens and upon request of courts, shall check, in accordance with the procedure established by federal law, the constitutionality of a law which is used or is to be used in a particular case.
• Constitutional interpretation , Constitutionality of legislation The Constitutional Court of the Russian Federation, upon request of the President of the Russian Federation, the Council of Federation, the State Duma, the Government of the Russian Federation, and legislative authorities of constituent entities of the Russian Federation, shall provide interpretation of the Constitution of the Russian Federation.
• Legal status of treaties , Constitutionality of legislation Acts or certain provisions thereof, which are recognized as unconstitutional, shall lose force; international treaties of the Russian Federation, which do not correspond to the Constitution of the Russian Federation, shall not be implemented or used.
• The Constitutional Court of the Russian Federation, upon request of the Council of Federation, shall issue a resolution on the observation of the established procedure for bringing charges of treason or of other grave crimes against the President of the Russian Federation.

Article 126

The Supreme Court of the Russian Federation shall be the highest judicial body for civil cases, settlement of economic disputes, criminal, administrative and other cases under the jurisdiction of courts formed in accordance with federal constitutional law; it shall exercise judicial supervision over their activities in the procedural forms envisaged by federal law and shall provide interpretation on issues of court proceedings.

Article 127

[excluded in accordance with the Law of the Russian Federation on amendment to the Constitution of the Russian Federation of 5th February, 2014 No. 2-ФЗ]

Article 128

• Constitutional court selection , Supreme court selection Judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation shall be appointed by the Council of Federation upon nomination by the President of the Russian Federation.
• Ordinary court selection Judges of other federal courts shall be appointed by the President of the Russian Federation in accordance with the procedure established by federal law.
• Constitutional court powers , Supreme court powers The powers and the procedure for the formation and activity of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and other federal courts shall be established by federal constitutional law.

Article 129

• Powers, organization and procedure for the activity of public prosecution of the Russian Federation shall be determined by federal law.
• The Prosecutor General of the Russian Federation and deputies of the Prosecutor General of the Russian Federation shall be appointed and dismissed by the Council of Federation upon a proposal of the President of the Russian Federation.
• Public prosecutors of constituent entities of the Russian Federation shall be appointed by the President of the Russian Federation upon nomination of the Prosecutor General coordinated with constituent entities of the Russian Federation. Public prosecutors of constituent entities of the Russian Federation shall be dismissed by the President of the Russian Federation.
• Other public prosecutors, except for public prosecutors of cities, districts and public prosecutors equated with them shall be appointed and dismissed by the President of the Russian Federation.
• Public prosecutors of cities, districts and public prosecutors equated with them shall be appointed and dismissed by the Prosecutor General of the Russian Federation.

CHAPTER 8. LOCAL SELF-GOVERNMENT

Article 130.

• Local self-government in the Russian Federation shall provide for the independent resolution by the population of issues of local importance, and the possession, use and management of municipal property.
• Local self-government shall be exercised by citizens by means of referendum, elections and other forms of direct expression of their will, and through elected and other bodies of local self-government.

Article 131

• Local self-government shall be administered in urban and rural settlements and on other territories with due consideration to historical and other local traditions. The structure of bodies of local self-government shall be determined by the population independently.
• Changes of borders of the territories in which local self-government is administered shall be permitted with due consideration to the opinion of the inhabitants of the relevant territories.

Article 132

• Bodies of local self-government shall independently manage municipal property, form, approve and implement the local budget, introduce local taxes and levies, ensure the preservation of public order, and resolve other issues of local importance.
• Bodies of local self-government may be vested by law with certain State powers and accordingly receive material and financial resources which are necessary for their implementation. The implementation of the vested power shall be controlled by the State.

Article 133

Local self-government in the Russian Federation shall be guaranteed by the right to legal protection and compensation of additional expenses arising as a result of decisions adopted by State government bodies, and by a ban on restrictions of the rights of local self-government which are established by the Constitution of the Russian Federation and federal laws.

CHAPTER 9. CONSTITUTIONAL AMENDMENTS AND REVISION OF THE CONSTITUTION

Article 134.

Proposals on amendments to and revision of the provisions of the Constitution of the Russian Federation may be submitted by the President of the Russian Federation, the Council of Federation, the State Duma, the Government of the Russian Federation, legislative (representative) bodies of constituent entities of the Russian Federation, and by groups consisting of not less than one fifth of the members of the Council of Federation or of the deputies of the State Duma.

Article 135

• The provisions of Chapters 1, 2 and 9 of the Constitution of the Russian Federation may not be revised by the Federal Assembly.
• If a proposal on revising the provisions of Chapters 1, 2 and 9 of the Constitution of the Russian Federation is supported by three fifths of the total number of members of the Council of Federation and deputies of the State Duma, then in accordance with federal constitutional law, a Constitutional Assembly shall be convened.
• Referenda The Constitutional Assembly shall either confirm the invariability of the Constitution of the Russian Federation or draft a new Constitution of the Russian Federation, which shall be adopted by the Constitutional Assembly by two thirds of the total number of its members or shall be referred to a referendum. In the event that a referendum is held, the Constitution of the Russian Federation shall be considered to have been adopted if over one half of voters who participated in the vote voted in favour of it and provided that over a half of the electorate participated in the referendum.

Article 136

Amendments to the provisions of Chapters 3-8 of the Constitution of the Russian Federation shall be adopted in accordance with the procedure established for the adoption of federal constitutional law and shall come into force after they have been approved by legislative authorities of not less than two thirds of the constituent entities of the Russian Federation.

Article 137

• Amendments to Article 65 of the Constitution of the Russian Federation which determines the composition of the Russian Federation shall be introduced on the basis of a federal constitutional law on the admission to the Russian Federation and the creation within it of new constituent entities of the Russian Federation, or on changes in the constitutional and legal status of a constituent entity of the Russian Federation.
• In the event of a change in the name of a republic, kray, oblast, city of federal significance, autonomous oblast or autonomous okrug the new name of the constituent entity of the Russian Federation shall be included in Article 65 of the Constitution of the Russian Federation.

SECTION TWO. Concluding and interim provisions

The day of the national referendum, December 12, 1993, shall be considered the day of adopting the Constitution of the Russian Federation.

At the same time the Constitution (Fundamental Law) of the Russian Federation - Russia adopted on April 12, 1978 with all amendments and additions shall cease to have effect.

In the event of the non-conformity to the Constitution of the Russian Federation of the provisions of the Federation Treaty - Treaty on the division of authorities and powers between federal State government bodies of the Russian Federation and the State government bodies of constituent sovereign republics of the Russian Federation, the Treaty on the division of authorities and powers between federal State government bodies of the Russian Federation and the State government bodies of krays, oblasts, and the cities of Moscow and St. Petersburg of the Russian Federation, the Treaty on the division of authorities and powers between federal State government bodies of the Russian Federation and State government bodies of autonomous oblast and autonomous okrugs within the Russian Federation, and other treaties between federal State government bodies of the Russian Federation and State government bodies of constituent entities of the Russian Federation and treaties between State government bodies of constituent entities of the Russian Federation, the provisions of the Constitution of the Russian Federation shall apply.

• Laws and other legal acts which were in force on the territory of the Russian Federation before this Constitution comes into force shall apply to the extent that they do not conflict with the Constitution of the Russian Federation.
• The President of the Russian Federation, elected in accordance with the Constitution (Fundamental Law) of the Russian Federation - Russia, shall from the day that this Constitution comes into force exercise the powers established by it until the term of office for which he (she) was elected expires.
• The Council of Ministers - Government of the Russian Federation - from the moment that this Constitution comes into force, shall acquire the rights, obligations and responsibilities of the Government of the Russian Federation, which are established by the Constitution of the Russian Federation and shall hereafter be called the Government of the Russian Federation.

After the Constitution has come into force, judges of all courts of the Russian Federation shall retain their powers until the term for which they were elected expires. Vacant positions shall be filled in accordance with the procedure established by this Constitution.

Until criminal-procedural legislation of the Russian Federation has been brought into line with the provisions of this Constitution, the previous procedure for the arrest, detention and keeping in custody of persons suspected of committing a crime shall apply.

• The Council of Federation of the first convocation and the State Duma of the first convocation shall be elected for a period of two years.
• The Council of Federation shall meet for its first session on the thirtieth day after the elections. The first session of the Council of Federation shall be opened by the President of the Russian Federation.

Deputies of the Council of Federation of the first convocation shall exercise their powers on a non-permanent basis.

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National Human Rights Commission (NHRC) of India

Facts for prelims (ffp).

Source: NHRC

Context: During the recent Statutory Full Commission meeting organized by the National Human Rights Commission ( NHRC ) of India , chaired by Justice Shri Arun Mishra, the emphasis was placed on the need for collaborative strategies among all seven National Commissions to ensure the protection of human rights, particularly for vulnerable and marginalized sections of society.

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