Unit 3 of Human Rights Law (syllabus: Module III — fundamental rights, directive principles and fundamental duties; the relationship between rights and duties; the Protection of Human Rights Act 1993; the National Commissions for Women, Minorities, Scheduled Castes and Scheduled Tribes; the role of the judiciary). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- Are the International Covenants enforceable as such in an Indian court?
- When may an Indian court use an international human rights instrument?
- For what purposes has the Supreme Court said it uses international law in construing domestic law?
- What does Article 21 contain after Maneka Gandhi, and why does that matter for human rights?
- How is human rights defined in the Protection of Human Rights Act 1993, and what does the definition exclude?
- How is the National Human Rights Commission constituted and appointed?
- What are the functions and the powers of a human rights Commission?
- What may a Commission do after an inquiry, and is its recommendation binding?
- What are the limits on the jurisdiction of the Commissions?
- What is a Human Rights Court, and how does a case reach it?
- Is compensation available in public law for a violation of a fundamental right?
- What is the relationship between Parts III, IV and IVA of the Constitution?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Constitution of India, s. Art. 253, read with ICCPR Art. 11
- Constitution of India, s. Arts. 14, 15, 19(1)(g), 21 and 51
- Constitution of India, s. Arts. 32, 51 and 226
- Constitution of India, s. Art. 21, read with Arts. 14 and 19
- Protection of Human Rights Act 1993, s. s. 2(1)(d) and s. 2(1)(f)
- Protection of Human Rights Act 1993, s. ss. 3 and 4
- Protection of Human Rights Act 1993, s. ss. 12, 13, 14, 15, 16 and 17
- Protection of Human Rights Act 1993, s. s. 18, with ss. 20 and 28
- Protection of Human Rights Act 1993, s. ss. 19, 21(5), 36(1) and 36(2)
- Protection of Human Rights Act 1993, s. ss. 30 and 31
- Constitution of India, s. Arts. 21, 32, 142 and 226, read with ICCPR Art. 9(5)
- Constitution of India, s. Arts. 32, 37 and 51A
Leading cases
- Jolly George Varghese v Bank of Cochin
- Apparel Export Promotion Council v A.K. Chopra
- Entertainment Network v Super Cassettes Industries
- Maneka Gandhi v Union of India
- Protection of Human Rights Act 1993
- Rajesh Das
- Paramjit Kaur v State of Punjab
- Dr Sourubarani v C. Selvi
- Nilabati Behera v State of Orissa
- Mohini Jain v State of Karnataka
Full case summaries
- Rajesh Das, I.P.S. v Tamil Nadu State Human Rights Commission (2010)
- Apparel Export Promotion Council v A.K. Chopra (1999)
- Ireland v United Kingdom (1978) - a decision of the European Court of Human Rights