Unit I
Human Rights Violations and Redressal
Question Bank
Q1) What are the Constitutional and legal rights of designated castes? (8)
A1) The Constitution of India contains various provisions that provide for some rights and safeguards for Scheduled Castes and Scheduled Tribes. Most of these provisions are common to both SC and ST, but some cover only one of these two.
The constitutional rights of Scheduled Castes and Scheduled Tribes are as follows:
- Equality rights
In a society like us, the right to equality is very important. The purpose of this right is to establish the rule of law, in which all citizens should be treated equally before the law. Five provisions to provide equality before the law or protection of the law for all in India and to prohibit discrimination on the grounds of religion, race, caste, gender or place of birth (Articles 14 to 14). There is Article 18).
a) Equality before the law: The Constitution guarantees that all citizens are equal before the law. That means that everyone is equally protected by national law. No one is beyond the law. This means that if two people commit the same crime, they will both receive the same punishment without discrimination.
b) Prohibition of Discrimination Based on Religion, Race, Caste, Gender, or Place of Birth: A country cannot discriminate against citizens based on religion, race, caste, gender, or place of birth. This is necessary to bring about social equality. All Indian citizens have equal access to shops, restaurants, public entertainment venues or the use of wells, tanks and roads without discrimination. However, the state can make special provisions and concessions for women and children.
c) Equal Opportunity for All Citizens on Public Employment: The state cannot discriminate against anyone regarding public employment. All citizens can apply
2. Become a state employee.
Benefits and qualifications form the basis of employment. However, there are some exceptions to this right. There are special provisions for booking posts for designated castes, designated tribes, and other citizens of the Lower Class (OBC). Abolition of untouchability: Practicing untouchability in any form has become a punishable crime under the law. This provision is an effort to raise the social status of millions of Indians who have been looked down upon and distanced due to the nature of their caste or profession. However, despite the constitutional provisions, it is truly very disappointing that this social evil continues today. Can you see the difference in the illustrations when you see a nurse cleaning a patient, a mother cleaning a child, or a woman cleaning the toilet? Why do people despise cleaning the toilet?
3. Right to freedom
You will agree that freedom is the most important desire of all living things. Humans definitely want and need freedom. You also want to have freedom. The Constitution of India provides all citizens with the right to freedom. This right is set out in Articles 19-22. Below are four categories of rights to freedom.
a. Freedom of speech and expression.
b. Freedom to meet peacefully and without weapons.
c. Freedom to form a coalition with an association.
d. Freedom to move freely across India's territory.
e. Freedom to live and settle anywhere in India.
f. Freedom to practice any profession or to carry out any profession, trade, or business.
The purpose of providing these freedoms is to build and maintain an environment for democracy to function properly. However, the Constitution allows the state to impose certain reasonable restrictions on each of them.
4. Right to exploitation
Have you ever wondered how many exploitations will take place in our society? You may have seen children in the mall working in a coffee shop, or poor and illiterate people are forced to work
In a rich family. Traditionally, Indian society has been hierarchical and has encouraged exploitation in various ways.
Therefore, the Constitution has provisions against exploitation. Citizens are guaranteed their right to exploitation through Articles 23 and 24 of the Constitution.
5. Prohibition of Human Passage and Forced Labor:
The passage of humans and beggars and other similar forms of forced labor is prohibited and any breach of this provision shall be a criminal offense punished in accordance with the law. Human transportation means buying and selling humans as goods. Trafficking in young women, girls and even boys continue to be illegal. For landlords and other powerful people, the trampled section was created to work for free. This practice was beggar or forced labor. Prohibition of employment of children in factories, etc. As stipulated in the Constitution, children under the age of 14 must not be employed to work in factories or mines, or engage in other dangerous employment. Not. This right aims to eliminate child labor, one of the most serious problems India has faced since ancient times.
Q2) Write note on Massacre Prevention Act of 1989 (for SC / ST). (5)
A2) The Scheduled Castes and Tribes (Prevention of Atrocities) Act of 1989 was enacted by the Parliament of India (Act 33 of 1989) to prevent atrocities against Scheduled Castes and Scheduled Tribes. This law is widely known as POA, SC / ST law, atrocities prevention law, or simply atrocities law.
On September 9, 1989, the SC and ST (Prevention of Atrocities) Act of 1989 was enacted with strict provisions (covering all of India except Jammu and Kashmir). Section 23 (1) of the law allows the central government to: A frame rule for carrying out the purpose of the law. The purpose of the law was to support Dalits' social inclusion in Indian society, but the law did not live up to its expectations.
The 1989 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the "Act")
Providing special courts for atrocities against scheduled castes and members of designated tribes, and criminal trials under the law, as well as providing relief and rehabilitation.
The "brutality" of victims of such crimes is defined under Article 2 of the Act as follows:
It means a crime that is punished under Article 3. The main provisions of the law are as follows. ---
- Define the crime of atrocities and prescribe the punishment there (Section 3). Punishment for intentional negligence of duties by civil servants other than SC / ST (Section 4)
- Designate the Sessions Court of each district as a special court for expedited trial of legal offenses (Section 14).
- Appointment of a public prosecutor / special counsel to carry out a case in a special court (Section 15).
- Precautionary measures to be taken by law-and-order mechanisms (Section 17).
- Notable provisions of the 1995 Scheduled Castes and Scheduled Tribal (Prevention of Atrocities) Regulations notified under the POA.
Q3) What is the Infringement of designated caste rights? (5)
A3) India's caste system is probably the longest-lived social class in the world. Caste, a decisive feature of Hinduism, embraces the complex ordering of social groups based on the purity of the ritual. A person is considered a member of the caste.
He or she is born and stays within the caste until death, but the particular ranking of the caste may vary by region and over time. Differences in status are traditionally justified by karmic religious doctrine. In other words, the belief that your place in life is determined by the actions of your previous life. Traditional scholarship has described this system over 2,000 years ago in the context of four major Varna, or large caste categories. In order of priority, these are Brahmin (priests and teachers), Kshatriya (rulers and soldiers), Vaishya (merchants and merchants), and Shudra (workers and craftsmen). The fifth category is outside the Varna system and consists of what is known as "untouchable" or Dalit. They are often assigned tasks that are ceremonially contaminated so that they are not worth including in the traditional Varna system.
Among the four major castes are thousands of subcastes, also known as Jati, which are further subdivided along the lines of profession, denomination, region, and language. All of these are sometimes collectively referred to as "caste Hindus" or those included in the caste system. Dalits are called Varna Sankara. Being "outside the system" and inferior to other castes, it is considered contaminated and "untouchable". Even as exiles, they themselves are subdivided into further subcastes. Although "untouchable" has been abolished under Article 17 of the Constitution of India, this practice continues to determine the socio-economic and religious status of those at the bottom of the caste hierarchy. The first four Varna are free to choose and change professions, but Dalits are usually limited to the profession structure in which they were born.
Traditional Indian society has a complex stratification system based on the caste system, rating societies in the hierarchical order found in the behaviour of various caste groups. Scheduled caste issues can be enumerated as follows:
1. Untouchability and other crimes: Untouchability is a major crime committed against lower castes for generations. There are depictions of crimes related to being untouched by the media, and the Government of India has taken several steps to combat crimes between these denominations against the lowest ranks of society.
2. Poverty: In addition to untouchability, the problem of poverty, which is the most prominent concern for lower castes in Indian society, arises. They are denied access to land ownership and all attempts made to undermine poverty will be defeated in the long run. Attempts have been made to make the planned caste mainstream, but with limited success.
3. Economic Exploitation: In addition, the main problems faced by this group of people are illiteracy, landlessness and economic exploitation for poverty. Attempts to ease their status have been made by social reformers in various parts of India.
Q4) Define Retreat mechanism at national and state levels. (5)
A4) Understanding people's rights in democracy is not enough. You also need to understand the implementation of these rights. Legal provisions do more than just provide an atmosphere and eligible conditions for enjoying citizenship in democracy. There are several philosophies that state the need for sovereignty to ensure good governance. Humans are selfish in nature and rarely sacrifice his goal of achieving maximum from a free society. Therefore, the need to protect vulnerable people is most needed in today's modern world.
Our Constitution under Articles 32 and 226 recognizes the right of all individuals to seek relief from the court in the event of infringement of their rights. These are called constitutional remedies. The judiciary, especially the Supreme Court, accepts / entertains written petitions from infringed persons.
These constitutions provide provisions for such institutions, clearly specifying details of their establishment, tenure, appointment, and authority to avoid disputes.
The appointment of such relief mechanisms is carried out at all federal levels to ensure smooth and democratic functioning. There are state and national level committees developed in this regard. Several important remedies tools are described in the unit in the form of committees.
Q5) Explain National Commission on Human Rights (NHRC) for Scheduled Castes (NCSC) and National Committee for Scheduled Tribes (NCST).(12)
A5) The National Human Rights Commission of Korea (NHRC) is an autonomous public body established on October 12, 1993 under the Human Rights Protection Ordinance of September 28, 1993. The 1993 Human Rights Protection Act (TPHRA) provided statutory standards. NHRC is a national human rights institution responsible for the protection and promotion of human rights, as "rights related to the life, freedom, equality and dignity of individuals guaranteed by the Constitution or embodied in the International Covenant" by law. It is defined.
The Commission has undoubtedly made some achievements in its achievements. It succeeded in persuading the central government to sign a UN treaty on torture and other forms of cruel, inhuman and degrading punishment or treatment. It focuses on the issue of death in custody and measures to ensure that these are not suppressed by state agencies and that guilty persons are made to explain their mission and the crime of omission was taken. It also helps in designing specialized human rights training modules for implementation in educational and training institutions.
The Commission has a wide range of powers, including civil and political rights, economic, social and cultural rights, and collective rights. Section 12 stipulates that the Commission perform all or any of the following functions: , Victims, or on behalf of victims, or by court order or order, have been presented against citizens' complaints of human rights violations or their infringement, or their failure to prevent such violations. With court approval, intervene in proceedings, including allegations of human rights violations pending in court. If you are detained or detained for treatment, reform, or protection to visit a prison or other facility under the control of the state government to investigate the living conditions of the inmate and make recommendations. For the protection of human rights, consider the safeguards provided by or under the Constitution or the law in force for the time being, and recommend measures for their effective implementation. Examine factors that impede the enjoyment of human rights, including acts of terrorism, and recommend appropriate corrective measures. Study human rights treaties and other international documents and make recommendations for their effective implementation. Conduct and promote research in the field of human rights.
Disseminate human rights literacy to various sectors of society through publications, media, seminars and other available means, and promote awareness of safeguards available to protect these rights. Encourage the efforts of non-governmental organizations and institutions operating in the field of human rights. Performing other duties deemed necessary to promote human rights.
The first committee for SC and ST was established in August 1978. It was established as a national level advisory body to advise the government on the policy issues and levels of development of Scheduled Castes and Scheduled Tribes. The body was declared legal.
Later, the National Committee for Scheduled Castes and Scheduled Tribes was bifurcated by the 2003 Constitution (89th Amendment) Act, and separate committees for SC and ST were established. NCST was founded in February 2004.
The functions of both committees can be assumed as follows:
- Under this Constitution or other law, investigate and monitor all matters relating to roster castes and rosters offered to scheduled castes / tribes for the time being or under government orders, and the function of such safeguards. To evaluate.
- Investigate specific complaints about roster castes and roster rights and deprivation of safeguards.
- Participate in and advise on the roster castes / scheduled tribal socio-economic development planning process and assess development progress under coalitions and any state.
- Report on the implementation of these safeguards each year and for presentation to the President at other times the Commission deems appropriate.
- Make recommendations in such reports on the steps that the Union or any state should take to effectively implement these safeguards, for the protection, welfare and socio-economic development of Scheduled Castes / Scheduled Tribes. Introduce other measures.
- Performing other functions related to roster castes and roster protection, welfare, development and progress in accordance with the provisions of legislation enacted by Parliament and as prescribed by the President.
Q6) What are the Constitutional and legal rights for women? (12)
A6) The phenomenon of domestic violence is widespread, but it is widespread in the public domain. If a woman is currently exposed to atrocities by her husband or her relatives, it is a crime under Section 498-A of Indian Criminal Code. However, civil law does not address this phenomenon as a whole.
Therefore, the rights guaranteed under Articles 14, 15, and 21 of the Constitution to provide for civil code remedies aimed at protecting women from victims of domestic violence. It is proposed to enact a law that takes into account. Prevents the occurrence of domestic violence in society. The bill seeks to provide for: -Women who have been or have been associated with an abusive person, who both parties live in a shared household and are involved through kinship, marriage, or natural relationships. For marriage or adoption. It also includes relationships with cohabiting families. Even sisters, widows, mothers, single women, or women living with abusers are entitled to legal protection under the proposed law. However, while the bill allows wives or women living in relationships of the nature of marriage to file complaints against relatives of their husbands or male partners based on the proposed enactment, husbands. Or female relatives of a male partner are not allowed. A male partner complains to his wife or female partner.
The expression "domestic violence" is defined to include actual abuse, intimidation, or physical, sexual, verbal, emotional or financial abuse. Harassment due to illegal dowry request
A woman or her relatives are also subject to this definition. It stipulates women's right to secure housing. It also provides for the right of a woman to live in a couple's house or shared household, regardless of whether such house or household has any right or right. This right is secured by a residence order given by a justice of the peace. This allows security judges to pass protection orders in favour of victims, allowing respondents to support or carry out domestic violence or other specific acts, or to enter the workplace or other places frequently visited by victims. You can prevent trying to communicate. She sequesters the assets used by both parties and causes violence against victims, her relatives, or others who support her from her domestic violence.
It provides for the appointment of guardians and the registration of non-governmental organizations as service providers to assist victims with regards to health examinations, obtaining legal assistance, safe shelters, etc.
Vishakha Guidelines for Preventing Sexual Harassment in the Workplace, 1997
In the case of Vishakha vs. Rajasthan, the Supreme Court established for the first-time restrictions aimed at protecting female employees by giving them the right to a safe and healthy working environment. In the ruling, the court also defined sexual harassment and found it to be the most important violation of human rights. This allows the court to establish specific mandatory and binding guidelines that all workplaces in the public and private sectors should follow, ensuring that all employers have a safe and harassment-free work environment for women. Mandated that.
Vishakha Case
Bhanwari Devi was a village-level social worker, or Sateen, a development program run by the Rajasthan government, fighting children and multiple marriages in the village.
As part of this work, Banwari, with the support of the local government, sought to stop the marriage of a young daughter under the age of one in Ramkaran Gurjar. Nevertheless, the marriage took place and Banwari was angry with the Gurjar family. She became the subject of a social boycott, and in September 1992, five men, including Ramkaran Gurjar, gangbanged Banwari in front of her husband while working in their field. The 22nd day after that was full of hostility and humiliation towards Banwari and her husband. The only male doctor at the primary health center refused to see Banwari, and Jaipur's doctor only confirmed her age without mentioning rape in his medical report. At the police station, a female police officer abused Banwari all night. It was past midnight when police officers asked Banwari to leave her Rehenga as evidence of her and return to her village. She wore only her husband's bloody Dhoti. Their plea to put them to sleep
The police station at night was turned down. The court of first instance acquitted the accused, but Banwari decided to fight further and gain her justice. She said she had It's embarrassing, and men should be ashamed of what they did. Her fighting spirit influenced her fellow Sirtin and women's groups across the country. In the months that followed, they launched a collaborative campaign for Banwari justice. In December 1993, the High Court stated that it was "a mass rape case committed for revenge." As part of this campaign, the group filed a petition with the name "Vishakha" in the Supreme Court of India, asking the court to give specific instructions regarding the sexual harassment women face in the workplace. The result was the Supreme Court's decision on August 13, 1997, which provided Vaisakha’s guidelines.
Q7) What guidelines are issued by the court for protection of women? (5)
A7) 1) All state and union territories include bus stops and stops, train stations, subway stations, cinemas, shopping malls, parks, beaches, public service vehicles, worship to monitor and supervise Eve teasing incidents, etc.
(2) There are further instructions to state and federal territories to place CCTVs in strategic locations that are themselves deterrents and can catch criminals if detected.
(3) Educational institutions, places of worship, cinemas, train stations, and bus stops must take steps within the school district and, in the event of complaints, deemed appropriate to prevent the eve of the festival. You will need to pass the information to your local police station or women's help center.
(4) In a public service vehicle, if either the passenger or the person in charge of the vehicle commits an incident on the eve of the festival, the crew member of the vehicle shall take the vehicle to the next location in response to a complaint from the victim. To do. Provide information to the nearest police station and police. Otherwise, the ply permission will be revoked.
(5) State governments and Union Territory are instructed to set up women's help lines in various cities and towns to curb evenings within three months.
(6) Appropriate bulletin boards warning of such eve acts are displayed in all public places, including educational institution precincts, bus stops, stations, cinemas, parks, beaches, public service vehicles, places of worship, etc. I will.
(7) Passersby are also responsible, and if they become aware of such an incident, they should report the same to the nearest police station or women's helpline to save the victim from such crimes. There is.
(8) The Indian State Government and Union Territory have given appropriate instructions to relevant authorities, including district collectors and district police chiefs, to take effective and appropriate measures to curb such eve cases. Take appropriate and effective measures by issuing. Prior to this case, another groundbreaking ruling by the Supreme Court of Bishaka v. Rajasthan. The following guidelines have been given. Current legislation revolves around these guidelines. Obligations of the employer or other responsible person in the workplace or other institutions:
- It is the duty of the employer or other responsible person of the workplace or other institution to provide procedures for resolving, resolving or prosecuting sexual harassment by preventing or preventing the execution of sexual harassment and taking all steps. Suppose that Required.
- Definition:
For this purpose, sexual harassment includes unwelcome sexually determined behaviors (whether direct or implied):
(A) Physical contact and advance.
(B) Requests or demands for sexual favor.
(C) Sexually colored remarks;
(D) Display pornography.
(E) Other unwanted physical, linguistic, or non-verbal acts of sexual nature.
Whether any of these acts are salary, honor, or voluntary in connection with the victim's employment or work, the victim of such conduct is a government, public or private entity. Whether or not it is humiliating when done in situations where there is reasonable concern that such an act is possible, it can constitute a health and safety issue. Discrimination, for example, if a woman has a reasonable reason to believe that her objections in connection with employment or work, including recruitment or promotion, would be detrimental to her, or if it creates a hostile work environment. It is a target. If the victim disagrees with or disagrees with the act in question, it can have adverse effects.
3. Precautions:
All employers or workplace managers, whether in the public or private sector, must take appropriate steps to prevent sexual harassment. Without compromising the generality of this obligation, they should take the following steps:
(A) The explicit prohibition of the above sexual harassment in the workplace must be notified, published and distributed in an appropriate manner.
(B) Government and public sector agency rules / regulations relating to behavior and discipline must provide appropriate penalties for such rules against violators, including rules / rules prohibiting sexual harassment.
(C) For private employers, measures must be taken to include the aforementioned prohibitions in automatic transfers under the Industrial Employment (Automatic Transfer) Act of 1946.
(D) Appropriate working conditions should be provided for work, leisure, health and hygiene to further ensure that there is no hostile environment for women in the workplace, and the female employee is her. Is her employment.
4. Criminal procedure:
If such action constitutes a particular breach under Indian criminal law or other law, the employer shall take appropriate action in accordance with the law by filing a complaint with the appropriate authorities.
In particular, when dealing with sexual harassment complaints, victims and witnesses need to be protected from being harmed or discriminated against. Victims of sexual harassment must have the option to seek a transfer of perpetrators or their own.
5. Disciplinary action:
If such an act corresponds to an illegal act in employment as defined in the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules.
6. Complaint mechanism:
Regardless of whether such conduct constitutes a breach of law or a breach of service rules, an appropriate complaint mechanism must be created in the employer's organization to correct the complaint from the victim. Such a complaint mechanism should ensure the time-limited handling of complaints.
7. Complaint Committee:
The complaint mechanism mentioned in (6) above must be sufficient to provide a complaints committee, special counselor, or other support services, including confidentiality, as required.
The Complaints Committee must be chaired by a woman and at least half of its members must be women. In addition, such complaints committees need to involve any third party of NGOs or other institutions familiar with the issue of sexual harassment to prevent excessive pressure and potential impact from senior levels. There is.
The Complaints Committee must report annually to the relevant government departments regarding complaints and the actions they have taken.
Employers and officials also report compliance with the aforementioned guidelines, including reporting to the Government Department of the Complaints Committee.
8. Workers' Initiatives:
Employees should be allowed to raise sexual harassment issues at worker meetings and other appropriate forums, which should be actively discussed at employer-employee meetings.
9. Consciousness:
Awareness of the rights of female employees in this regard should be developed specifically by prominently notifying the guidelines (and appropriate legislation if enacted on the subject) in an appropriate manner.
10. Harassment by a third party:
In the event of sexual harassment as a result of act or omission by a third party or outsider, the employer and personnel shall have all necessary and reasonable to assist the affected person in terms of assistance and precautionary measures.
11. Central / state governments are urged to consider adopting appropriate measures, including legislation, to ensure that the guidelines set out by this order are also observed by private sector employers.
12. These guidelines do not prejudice the rights available under the Human Rights Act of 1993.
Q8) Write note on Infringement of women's rights and National Committee for Women (NCW) (5)
A8) Infringement of women's rights
Women are the most vulnerable in India, which occurs in almost all castes, religions and races. There is discrimination in both low caste and being female. Some social customs, traditions, beliefs and cultural values give women a secondary status. The only way to make a difference in women's lives is through changes in people's general thinking. Several movements over women's rights have shown that women today are more financially independent than women of the past. In general, the problems women faced are:
1. Violence is an almost universal problem for women.
Violence against women is not a new phenomenon in India. Women in Indian society were victims of ill-treatment, humiliation, torture and exploitation, as long as written records of social organizations and family life were available. There are many cases of kidnapping, rape, murder and torture of women in these records.
2. Discrimination and decline of the female population:
In general, the male-female ratio remains about the same, or 50:50, in any country's population. In India, the census reports that the female population has been steadily declining since 1901.
Men's tastes have led to the abuse of technology. Thousands of "unwanted female" children are killed at the stage of the foetation itself. In India, of the 12 million girls born each year, about 25% are said to die before the age of 15.
Every year, about 30,000 rupees of female children, more than male children, die for some reason. Of the children who die each year in India, the sixth is dying from sexism.
3. Economic exploitation:
Female workers are given more work, but wages and salaries are lower, especially in unorganized departments. "Equal pay for equal work" is just a slogan. -The Same Compensation Act of 1976 has proven to be a dead letter in this regard. There are good examples of such exploitation, even in organized sectors.
National Committee for Women (NCW)
The National Women's Commission was established in January 1992 as a statutory body under the National Women's Commission Act of 1990 (Government of India Law No. 20 of 1990). Recommend corrective legislative action; promote the correction of dissatisfaction and advise the government on all policy issues affecting women.
In its advisory role, the Commission is to participate in and advise on the planning process for women's socio-economic development. The Commission is empowered to investigate and conduct special investigations and investigations into specific issues and situations arising from discrimination and atrocities against women and recommends measures to address them. Through our annual and other reports, we can make recommendations on the effective implementation of safeguards provided to women by the Constitution. It has the specific task of recommending modifications to address deficiencies, inadequacies, or shortcomings of existing legislation. The Commission has reviewed about 23 laws and has made more than 700 recommendations to the government. The committee has also brought a lot of special research.
Q9) What rights are given to children for their equal citizenship? (5)
A9) Moreover, children, like any other adult male or female, have the right to be an equal citizen of India.
- Equality rights (Article 14)
- Right to discrimination (Article 15)
- Personal freedom and the right to due process of law (Article 21)
- Right to be protected from trafficking and coercion into slave labor (Article 23)
- Right to protect minority interests (Article 29)
- Right to the weak part of people protected from social injustice and all forms of exploitation (Article 46)
- Right to improve nutrition and living standards and public health (Article 47)
- Indian Constitution.
- Presentation on children's rights in the Indian Constitution.
Q10) What does Infringement of children's rights means? (5)
A10) Etymologically, a child is a young person under the age of full physical development or under the legal age of majority. Children grow into good and successful people only when the right environment is provided. But today, times have changed, and children at all levels of society are facing serious challenges of overexposure to the media, all forms of violence starting at home, fear, and lack of trust. The following are some of the issues surrounding children's lives, putting their freedom at risk.
1. Lack of access to education: Education, which is believed to be the fundamental right of all children in the world, is rejected in most parts of India. This is very noticeable across the country, even though the government is trying to promote education for children.
2. Poverty and malnutrition: According to the World Health Organization (WHO), it is estimated that 30% of children under the age of 5 in the world are stunted, 18% are underweight and 43 million children are overweight. It has been. Optimal breastfeeding can save the lives of 1.5 million children under the age of five each year. Nearly 9 million children die each year from preventable illnesses and infectious diseases. The biggest murderer is diarrheal disease. With over 2 billion diarrheal disorders each year, it is a major cause of malnutrition in children under the age of five.
3. Violence and Child Abuse: According to UNICEF, violence against children is "physical and psychological abuse.
Injury, negligence or negligence treatment, exploitation and sexual abuse. Violence can occur at home, at school, in orphanages, home care facilities, on the streets, at work, in prisons, and in detention centers. Such violence can affect the normal development of children who impair their mental, physical and social existence. In extreme cases, child abuse can be fatal. Child abuse can take many forms, including physical, emotional, sexual, negligent, and exploitation. Both of these are potentially or actually harmful to the health, survival, dignity and development of the child. This definition comes from WHO
4. Child Labor: Sadly, India is home to the largest number of child laborers in the world. Census shows that the number of child laborers has increased from 11.28 million in 1991.
In 2001, there were 12.59 million people. M.V. The Andhra Pradesh Foundation has found that nearly 400,000 children, mainly girls aged 7-14, struggle with cotton production nationwide for 14-16 hours a day. 90% of them are employed in Andhra Pradesh. The precious stone cutting department is children. NGOs have discovered the use of child labor in the mining industry, despite strict bans in the Ballari district of Karnataka. In urban areas, there are high employment of children in the Zari and embroidery industries. Poverty and lack of social security are the main causes of child labor.
Q11) Mention the functions performed by the Committee. (12)
A11) The Committee shall perform all or any of the following functions:
- We investigate and consider safeguards provided by or under the law that is in force for the protection of children's rights and recommend measures for their effective implementation.
- If the Commission deems it appropriate, it exists as a central government annually and at other intervals and reports on the implementation of these safeguards.
- Investigate infringement of children's rights and recommend that procedures be initiated in such cases.
- Investigate all factors that impede the enjoyment of children's rights affected by terrorism, community violence, riots, natural disasters, domestic violence, HIV / AIDS, human trafficking, ill-treatment, torture and exploitation, pornography and prostitution. Appropriate corrective action is recommended.
- Investigate problems related to children in need of special care and protection, such as children in need, marginalized and disadvantaged children, children who violate the law, boys, children without families, children of prisoners, etc. We recommend appropriate corrective action.
- Study treaties and other international documents, regularly review existing policies, programs and other activities on children's rights and make recommendations for effectively implementing them in the best interests of children.
- Conduct and promote research in the area of children's rights.
- Disseminate literacy about children's rights to different sectors of society and promote awareness of safeguards available to protect these rights through publications, media, seminars and other available means.
- Inspect juvenile shelters or other settlements or facilities for children under the control of the central government, state government, or other authorities, including institutions operated by social organizations in which children are detained. Or have them inspected. Alternatively, submit for therapeutic, reform, or protective purposes and consult these authorities for corrective action as needed.
- Investigate the complaint and notify suomoto of the following related matters:
- Deprivation and infringement of children's rights.
- Non-compliance with laws governing the protection and development of children.
- Policy decisions, guidelines, or policies aimed at alleviating children's difficulties, ensuring welfare, providing relief to such children, or addressing issues arising from such issues to the appropriate authorities. Non-compliance with instructions.
Q12) Define Complaint mechanism. (5)
A12) One of the Commission's main tasks is to investigate complaints about infringement of children's rights. The Commission is also required to raise awareness of serious cases of child rights infringement and investigate factors that impede the enjoyment of children's rights.
Complaints can be filed with the Commission in any language listed in the 8th Schedule of the Constitution.
- There is no charge for such complaints.
- Complaints shall disclose the full picture of the issues that lead to the complaint.
- The Committee may request further information / affidavit if deemed necessary.
- When filing a complaint, make sure that the complaint is as follows:
- Clear, easy to read, ambiguous, anonymous, not pseudonym.
- It's real, it's not trivial or frivolous.
- It has nothing to do with civil disputes such as property rights and contractual obligations.
- It has nothing to do with service issues.
- It is not pending prior to a decision in another committee or court / court formally formed under the law.
- Not yet decided by the committee.
- It is not outside the scope of the committee for other reasons.
Q13) Explain the main provisions of Disability Act. (5)
A13) The main provisions of the law are:
Failure Prevention and Early Detection: -Investigation, investigation, and investigation shall be conducted to determine the cause of the failure. Various measures must be taken to prevent obstacles. Primary health center staff shall be trained to assist in this task all.
Children shall be screened annually to identify "endangered" cases. Consciousness
The campaign shall be initiated and sponsored to disseminate information. Measures must be taken for prenatal and postnatal care of the mother and child.
All children with disabilities shall be entitled to free education up to the age of 18 in an integrated school or special school. For children with disabilities, proper transportation, removal of architectural barriers, restructuring of the curriculum, and changes to the test system need to be ensured. Children with disabilities reserve the right to use books, scholarships, uniforms and other learning materials free of charge. Special schools for children with disabilities must have vocational training facilities. Promote non-formal education for children with disabilities.
Employment-Appropriate plans must be developed for training and welfare of persons with disabilities. Providing employment equality is just as important. Affirmative Action-Land allocations shall be made by entrepreneurs with disabilities at a concessional rate to persons with disabilities in housing, business, special recreation centers, special schools, and factories. No Discrimination-Public buildings, railroad parcels, buses, ships and aircraft are designed for easy access by people with disabilities. Toilets must be wheelchair accessible in all public places and waiting rooms. Braille and sound symbols are also provided on the lift. All locations of utilities should be barrier-free by providing lamps.
Grievance-In case of infringement of the rights stipulated in the law, persons with disabilities may transfer the application to the Center's Disability Secretary or the State Disability Secretary.
Q14) What are the specific problems faced by people with disabilities? (8)
A14) The specific problems faced by people with disabilities are:
1. Access: Accessibility is the basis of the realization and enjoyment of all rights. While previous definitions of access included only "physical access" and considered only architectural barriers, modern access analysis is holistic in nature. In itself, it includes access to quality education, information and communication, entertainment and technology. This understanding of access, emanating from the Beijing Conference and the Disability Law, provides not only complete personality formation, but also a range of participation in social and political life. Access to public transportation, toilets, hospitals, government offices, public spaces such as parks, educational institutions and places of worship is still available to people. Nevertheless, all interventions that take place are restricted to physical access. Areas such as education, teaching materials, Braille books, and interpreters for the hearing and speech impaired are not yet available to the majority of people with disabilities.
2. Employment: According to the 2002 census, people with disabilities make up at least 6 percent of the population. Still, their basic needs for social security, personal dignity, and full employment remain unmet. They are at the mercy of government and civil society, and they are lazy towards them. The Disability Act of 1995 provides for a 3 percent reservation for jobs in all categories of the government sector. Three years have passed since this notification, but its implementation is not yet complete.
3. Education: Education is even more important for people with disabilities. In India, education for persons with disabilities is not provided as part of the mainstream, but through other isolated institutions operating in service and charity mode. In most cases, these institutions are not fully integrated into the mainstream education system. Today, there are only about 3000 special schools in India. Of these, 900 are for the hearing impaired, 400 are for the visually impaired, 700 are for the physically handicapped, and only 1,000 are for the intellectually disabled. Over 50,000 children with disabilities
Integrated education for children, a government-sponsored program. Very few schools have special provisions such as resource rooms, special AIDS, and special teachers. This is limited to big cities only. Due to the lack of special schools and special education services in rural India, children with special needs need to use regular schools in the village or go uneducated. Pre-vocational and vocational training is provided only in specialized agencies and certain cities.
4. Discrimination: People with disabilities suffer from both social and material disabilities. A society that is catching up with uniformity cannot see different people with the same eyes. Disability is associated with many stigmas, which interfere with their normal social interaction. Another discrimination they face is about access to places. No access to public buildings, public transport or other important locations. The employment opportunities they have access to are also very low. They are suffering from triple Disabled, poor, risk of being stigmatized.
Overview of the 2016 Convention on the Rights of Persons with Disabilities
The 2016 Convention on the Rights of Persons with Disabilities (“RPD Act”) was enacted with full awareness of the obligations under the Convention on the Rights of Persons with Disabilities (UNCRPD) signed by India.
The RPD Act explicitly recognizes all persons with disabilities as others under the law and orders the appropriate government to enjoy legal capacity equally with others. In addition, the RPD Act expands the classification of persons with disabilities and covers 212 conditions, in contrast to those mentioned in the Disability Act, which, in terms of their function and composition, regulate, monitor, and. Strengthen the grievance mechanism.
Q15) Mention the impact of the RPD Law on business establishments. (5)
A15) Impact of the RPD Law on business establishments
- The law requires all establishments 3 to develop equal opportunity policies in a prescribed manner and to register such policies with the Secretary or Secretary of State as necessary.
- When a victim complains about discrimination on the grounds of disability, the director of such a facility is required to: (A) Initiate action in accordance with the provisions of the RPD Act. Or (b) notify the victim in writing of how injustice or omission is a proportional means of achieving a legitimate purpose.
- Maintaining records of persons with disabilities related to employment, facilities provided, and other relevant information provided.
- Appropriate governments and local governments shall provide establishments with incentives within their financial capacity to ensure that at least 5% of the workforce is composed of people with benchmark disabilities. And
- Existing public buildings relate to the accessibility (physical environment, transportation, information and communication technology related standards) stipulated in the RPD regulations to allow persons with disabilities access to existing infrastructure. Must be complied with. The deadline specified in this regard is five years from the date of notification of the RPD Regulations of June 15, 2022. In addition, the facility will not be granted permission to build structures, issue certificates of completion, or occupy them. If the facility does not comply with the specifications specified in the RPD regulations.
Q16) What are Indian Minority Rights? (5)
A16) In the 17th century, there was a moral and political theory that humans have certain fundamental rights that the state needs to take care of in order to lead an effective democratic life. Part 3 of the Indian Constitution provides for basic rights. Articles 15, 16, 19, and 29 are some basic rights guaranteed to citizens.
- Article 15 prohibits discrimination on the basis of gender or place of birth of a religious race.
- Article 17 Non-contact is prohibited.
- Articles 25-30 protect the rights of minorities on the grounds of religion.
- Article 25 stipulates the right to practice any religion.
- Article 26 allows the opening of religious facilities.
- Article 27 stipulates that you must not be forced to pay non-obligatory taxes.
- Article 28 stipulates that there is no religious guidance to be followed by a particular educational institution.
- Article 29 stipulates that no citizen may be denied admission to an educational institution because of the racial caste of religion.
- Article 30 stipulates that minorities must not be banned by any educational institution.
Q17) Do we think that Minority Rights are Fully Protected? Give suggestions. (8)
A17) Continued violence and crime against the Muslim, Sikh and Christian minorities occur daily in India. This issue was addressed at the 8th meeting of the United Nations Forum in Geneva. In that section, minority rights were virtually destroyed. The Supreme Court also said that most of the arrests and detentions were illegal in Ram Narayan Agarwal v. UP. About 1.8 million people in the minority community are tortured during police detention each year. The term minority murder has been replaced by the term extrajudicial killing. Torture has become so great that it casts doubt on the rule of law and the credibility of criminal justice.
The Constitution of India does not define the term minority, but it does define minority based on religion and language. The rights set out in Part 3 of the Constitution are legally enforceable, and the rights set out in Part 4 of the Constitution are not legally enforceable by law. The Government of India established the National Committee on Minorities in 2005. Jains join the minority. Why do minorities feel marginalized in India?
After Prime Minister Narendra Modi said he would win the trust of the minority and remove the fear of being in the minority. Just as every coin has two sides, so does the Prime Minister's statement. This statement was interpreted in two different ways. The first is a negative interpretation by political observers that the Modi government thought more needed to do about this. The second is an optimistic interpretation of Mr. Modi's remarks.
The myth of fear of alienation in minorities is certainly not a myth, it exists and we expect the government to respond to their anxieties. But why do minorities feel like they feel? This question has to do with the political and mechanical process of the last five years. The reason could be a discourse or a violent incident. The media has played an important role in producing anti-Islamic Hindu discourse for the past five years. The whole process has been tried in the minds of Indian citizens that Islam is a major issue in the country. For example, Islamic marriage is antisocial, and Islamic death is antinational. This anti-Islamic theory is not in the Hindu mind and is influenced in a variety of possible ways. Issues such as Love Jihad, Gar Wapasi, Rama Temple, and the ban on the Triple Tarak system are examples.
Suggestion
- Giving minorities peace of mind and confidence by giving them special rights and privileges in a democratic country.
- Safeguards and guarantees to protect minority rights, such as cultural and educational rights, should be regularly checked and balanced.
- Recommendations from minority-run educational institutions are to be taken to guarantee minorities Articles 29 and 30.
- Students in non-minority groups should not be forced to attend prayers at educational institutions
- Minority groups must be given the right to manage and govern education-related organizations.
- In addition to empowering minorities, it is also important to be careful not to abuse those rights.
- Rear class admission to Scheduled Castes, Scheduled Tribes, and other institutions shall be permitted to be operated by minorities.
Q18) Write note on The Elderly population- Constitutional and legal rights. (5)
A18) There are several safeguards that protect the rights of older people in India. Dissatisfaction with these provisions will be dealt with by the Ministry of Legal and Empowerment.
Caring for the elderly qualifies as one of the most basic roles that society must take responsibility for. Most developed countries have laws and institutions in place to prevent older people from being deprived of their rights, but most of the population of countries like us have low literacy rates. I haven't noticed. The most basic laws include the Act on Social Welfare and the Act on Social Welfare of Parents and the Elderly, but the Constitution of India has other sections that protect the rights and interests of the elderly.
Numbers and estimates released by the United Nations Educational, Scientific and Cultural Organization (UNESCO) claim that the world's elderly population (aged 60 and over) could exceed 2 billion by 2050. This figure was estimated at 590 million. According to a previous survey in 2001, the elderly, who make up 8% of India's total population, are 7.2 chlores, which is projected to increase by 18% by 2025. Some safeguards to protect the rights of older people in India. Dissatisfaction with these provisions will be dealt with by the Ministry of Legal and Empowerment.
The Constitution of India provides for the protection of the rights of people over the age of 60. These provisions are part of Chapter IV of the Constitution that corresponds to the Directive Principles and cannot be enforced by the court as set forth in Article 37.
Q19) Mention the basis for drafting the law for The Elderly population. (5)
A19) However, these are the basis for drafting the law.
- Article 41 of the Constitution guarantees the right to employment, education and public assistance for the elderly. It also guarantees that the state must uphold these rights in case of disability, old age, or illness. Meanwhile, Article 46 argues that the educational and economic rights of older people must be protected by the state.
- In accordance with the rights guaranteed under the 1999 National Policy for the Elderly, all Indian citizens over the age of 60 are entitled to a 30% discount on the ticket price while traveling on the Indian Railways. There is. Women over the age of 60 make 50% concessions and offer other services, including individual counters and berth requests.
- Air India is also obliged to offer 45% concessions to seniors when booking economy class in accordance with the 1999 National Policy for Seniors. This policy also detains Indian airlines to help older people. Special care should be taken, such as allowing people to get on and off before others and providing wheelchairs as needed.
- Different religions have different laws to protect the interests of the elderly, including the statutory provisions for parental retention under the Hindu Individual Law included in Section 20 of the 1956 Hindu Adoption and Maintenance Act. , There are also very special ones. It can be found in Islamic law, Christian law, and even Parsi law.
- Sections 88-B, 88-D, and 88-DDB of the Indian Income Tax Act allow seniors to claim tax discounts. Elderly people have the right to choose from a variety of LIC policies and post office savings schemes, as well as increase their interest in tax-saving plans.
- The 2007 Law on the Maintenance and Welfare of Parents and the Elderly requires that heirs / offspring provide monthly allowances to their parents (elderly) for maintenance, which is a policy. It has been widely criticized by the planners. Because of its vague and loose provisions. Many experts emphasize the importance of clearer legislation to protect the rights and interests of older people in India.
Q20) Write note on Infringement of the rights of the elderly in India. (8)
A20) Older people or older people are made up of ages that are close to or above the life expectancy of humans. Boundaries in old age cannot be defined exactly because they do not have the same meaning in all societies. The Government of India adopted the "National Policy on the Elderly" in January 1999. This policy is "elderly" or"Elderly" as a person over 60 years old.
One in ten elderly couples in India, more than six, are forced to leave their children. With nowhere to go and all hope lost, older people have to resort to elderly housing and do not guarantee first-class treatment. In India, unlike the United States, parents do not leave their children behind after the age of 18 (with some exceptions, of course), but the fact that parents sometimes want to feel their former love. Children find it difficult to accept and shared with them. There are times when parents just want to relax and have their children take care of them. All parents want to see their children grow and succeed, but no parents want their children to be treated as if they are unnecessarily burdening their responsibilities.
Every other day, there is news that parents are beaten by children, parents are forced to do household chores, live in small dungeons like rooms, and their property is forcibly handed over to ambitious children.
There are 81 million elderly people in India. It is 110,000 rupees for Delhi itself. It is estimated that nearly 40% of older people living with their families face some form of abuse, but only one in six is actually known. The president has given her consent to parental retention and welfare and senior citizen law to punish children who have abandoned their parents for more than three months in prison or fines, but the situation is harsh for older people in India.
According to NGOs, the incidence of forced elderly couples to sell their homes is very high. Some older people also complain that in the case of property disputes, they feel more helpless when their wives are on the side of their children. Many of them suffer in silence because they are afraid of humiliation or scared to speak up. According to them, a phenomenon called "grand dumping" has recently become common in urban areas as children are becoming more and more intolerant of their parents' health problems.
After a certain age, health problems begin to develop, losing control of the body, and even if one cannot recognize one's family due to Alzheimer's disease, it is common in old age. Then the children began to consider their parents a burden. It is these parents who sometimes wander or be abandoned from their homes. Some people have abandoned their old parents and grandparents in the elderly housing with care and no longer come. There are about 110,000 rupees in old people in Delhi, but only four governments run homes for them, 31 by NGOs, private institutions and charitable trusts. Government-run housing lacks facilities