SUBJECT:- HUMAN RIGHTS-II

Assignment-I
1. Write a note on Social status of women and children in International
and national perspective
o Ans.: During this decade there has been a significant shift in approach
to women's advancement and empowerment. While previously the
advancement of women was regarded as important for outcomes such as
economic development or population policies, more than ever the
international community has come to consider the empowerment and
autonomy of women and the improvement of their political, social,
economic and health status as important ends in themselves. This shift in
approach reflects a human rights approach to issues of concern to
women.
o Parallel to this shift in approach to women's advancement has been an
increased emphasis on the importance of a rights-based approach to
planning and programming generally. In his reform proposals, the
Secretary-General has made clear that human rights are a cross-cutting
element that should be reflected in all United Nations policies and
programmes. Several United Nations entities, including UNICEF,
UNFPA and UNDP have identified the securing of individuals' human
rights as a critical first step in addressing global problems, and are now
incorporating human rights into their policy making processes and
operational activities.
o Several factors explain these developments. First, the framework of
international human rights law provides a forum for asserting individual
claims of human rights violation. Some victims of human rights
violation, including women who have suffered discrimination on the
basis of sex, for example, those denied citizenship on the same basis as
men, have successfully sought relief in international tribunals.
o Perhaps more importantly, the language of human rights allows
legitimate claims to be articulated with a moral authority which other
approaches lack. It is a language which is recognized by the powerful,
and which stimulates deep chords of response in many. It is a language

which has the potential to empower individuals and communities at the

grass-roots level to believe that they have a right to education, to health
care or any other right.
o Human rights also promise the engagement of the responsibility of the
State in a way that other approaches to claims cannot. The
conceptualization of a claim as a human right immediately involves the
recognition of State and international responsibility if that claim is
denied or violated. Concerns, when conceived of as claims of human
rights, become fundamental, immutable and priority claims.
o Human rights not only create entitlements for rights-holders, but they
also create duties for States. States are required to ensure the fulfilment
of human rights by acting in a way that enables rights-holders to enjoy
the rights to which they are entitled. Human rights require that actions of a legislative, administrative, policy or programme nature - are
considered in light of the obligations inherent in human rights.
o Despite the recent focus on the rights-based approach, the meaning and
practical implications of such an approach for policy making processes
and operational activities, particularly in the context of development and
humanitarian assistance, require greater clarity. First, human rights bring
to the development discussion a unifying set of standards, or a common
reference, for setting objectives and assessing the value of action.
Second, that if sustainable economic development and the eradication of
poverty are to be achieved, economic growth has to be combined with
the concept of human development and respect for human rights.
o The paper begins with a survey of international human rights law,
considering first, the development of international human rights
standards and it moves on to consider gender-specific norms and
standards, concentrating on the Convention on the Elimination of All
Forms of Discrimination against Women. Critical issues relating to the
scope and application of human rights are considered, including the
identification of rights-holders and duty-holders and the nature of
obligations of States as a result of human rights provisions.

Assignment-II
2. Describe the status of SC/ST and Other Indigenous People in the
Indian Scenario
o Ans. There is a continuing debate in India about the
appropriateness of the use of the phrase indigenous peoples.
Some scholarly work tends to support it while others are
skeptical of the use of the term indigenous peoples in the
context of India.
o True to its tradition of cultural assimilation and spirit of
accommodation the Indian constitution presents the picture of
the larger system of permitting the smaller political systems of
tribal populations to be part of the system to remain distinct
culturally but to be part of the larger system politically with
sufficient autonomy wherever necessary and possible.
o Schedules V and VI of the Constitution of India specifically
make provision for safeguarding the interests of the tribal
people in India located in what is called tribal areas. Tribal
people of other areas are taken as part of the main society
inasmuch as special constitutional provisions have not been
made for them.
o They are to be assimilated rather then to be made separate
entity. Indeed, under the scheme their cultural identity is
assured to be maintained. It is pertinent to note in these
regards that the UN Draft Declaration on the Rights of
Indigenous Peoples is yet to be adopted despite 11 years of
negotiations by the Working Group of the United Nations
Human Rights Commission (UNHRC). UNHRC is now to be
replaced by the Human Rights Council.
o India has been successfully experimenting with federalism
during the last half a century. Apart from administrative
authorities including government wings of Department of
Tribunal Welfare both at central and state levels and interstate
council, India has several independent bodies such as National
Human Rights Commission, State Human Rights Commission,
Minorities Commissions, Scheduled Caste and Scheduled
Tribes Commission, National Commission for Women etc. to

safeguard the human rights of peoples who claim to be treated

as indigenous peoples.
International efforts for their protection have their roots in the
concern for the protection of their rights. Its history shows that
all started as part of anti-racialism within the human rights
discourse. If so, treatment as separate entities may not be
necessary. Administrative efforts incorporating and employing
affirmative action under the watchful eyes of vigilant
independent judicial and quasi-judicial bodies may ensure the
protection and promotion of rights of people who claim to be
treated specially from others.
There are nearly 533 tribes (with many overlapping types in
more than one State) as per notified Schedule under Article 342
of the Constitution of India in different States and Union
Territories of the country with the largest number of 62 being in
the State of Orissa
The Constitution of India provides necessary safeguards for the
rights of tribal peoples in Articles 15, 16, 17 and 23 of the 8 1
Ministry of Tribal Affairs, Government of India . Constitution.
Article 46 of the directive principles of the state policy which
are fundamental in the governance of the country states: The
State shall promote with special care the educational and
economic interests of the weaker sections of the people, and, in
particular, of the Scheduled Castes and the Scheduled Tribes,
and shall protect them from social injustice and all forms of
exploitation.
A number of welfare schemes have been created by 9the
Ministry to advance the interests of tribal peoples . Indeed, as
Betteile observes, India has one of the oldest and most
extensive programmes of positive discrimination or affirmative
action (Betteile 1998: 187). Its experience has been unique and
worthy perhaps of more extensive study.
It seems the Indian experiment is another model, which can be
tried in other parts of the world to protect the rights of the
indigenous peoples. The international law concerns regarding
indigenous people could be meaningfully addressed in terms of
seeking solutions only when the existing legal framework of
countries like India is taken up for study as models.

Assignment-III
3. Write a note on The Minorities and Human Rights
o Ans. The Union Government set up the National Commission
for Minorities (NCM) under the National Commission for
Minorities Act, 1992. Six religious communities, viz; Muslims,
Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains
have been notified as minority communities by the Union
Government.
o The NCM adheres to the UN Declaration of 18 December 1992
which states that "States shall protect the existence of the
National or Ethnic, Cultural, Religious and Linguistic identity of
minorities within their respective territories and encourage
conditions for the promotion of that identity.
Functions and powers
The Commission has the following functions:
o Evaluate the progress of the development of Minorities under
the Union and States.
o Monitor the working of the safeguards provided in the
Constitution and in laws enacted by Parliament and the State
Legislatures.
o Make recommendations for the effective implementation of
safeguards for the protection of the interests of Minorities by the
Central Governments or the State Governments.
o Look into specific complaints regarding deprivation of rights and
safeguards of the Minorities and take up such matters with the
appropriate authorities.
The Commission has the following powers:
o Summoning and enforcing the attendance of any person from
any part of India and examining him on oath.
o Requiring the discovery and production of any document.
o Receiving evidence on affidavit.
o Requisitioning any public record or copy thereof from any court
or office.
o Issuing commissions for the examination of witnesses and
documents.

Assignment-IV
4. Explain the status of HIV/AIDS Victims in India
o India has the third largest HIV epidemic in the world. 1 In 2013,
HIV prevalence in India was an estimated 0.3 percent. This
figure is small compared to most other middle-income countries
but because of India's huge population (1.2 billion) this equates
to 2.1 million people living with HIV. In the same year, an
estimated 130,000 people died from AIDS-related illnesses.
o Overall, Indias HIV epidemic is slowing down, with a 57 percent
decline in new HIV infections between 2000 and 2011, and a 29
percent decline in AIDS-related deaths between 2007 and 2011.
o HIV prevalence in India varies geographically. The four states
with the highest numbers of people living with HIV (Andhra
Pradesh, Karnataka, Maharashtra and Tamil Nadu) are in the
south of the country and account for 53 percent of all HIV
infections. However, HIV prevalence is falling in these states.
By comparison, in some states in the north and northeast of the
country, the number of new HIV infections is rising.
HIV testing and counselling (HTC) in India : In 1997, there were
just 67 HIV testing and counselling (HTC) sites in India. By 2014,
there were nearly 15,000 healthcare facilities offering HTC. In the
same year, 13 million general users and 9.7 million pregnant
women accessed HTC respectively against a target of 10.2 million
for each group. Despite this progress, only 13 percent of people
living with HIV in India are aware of their status.
o In order to address this issue, one study has proposed
universal testing of the general population and more intensive
testing of high-risk groups on a 5-year cycle. It is argued this
would be cost-effective with models indicating that up to $1900
would be saved per year of life (YLS) in general and $1300 YLS
among key affected groups. Additionally, more people would
know their status and therefore actively seek treatment before

developing AIDS-related illnesses encouraging behaviour

change and decreasing viral load.
HIV prevention in India :
The National AIDS Control Organisation (NACO) is the body
responsible for formulating policy and implementing
programmes for the prevention and control of the HIV epidemic
in India.
o In 1992, India's first National AIDS Control Programme, NACP-I
(1992-1999) was launched with NACO responsible for its
delivery. NACP-II (1999-2006) oversaw the formation of a
National Council on AIDS mainstreaming HIV and AIDS as a
development issue as opposed to a public health one. NACP-III
(2007-2012) focussed on targeted interventions to dramatically
increase coverage among high-risk groups.
o The current programme, NACP-IV (2012-2017), aims to reduce
annual new HIV infections by 50 percent through the provision
of comprehensive HIV treatment, education, care and
support for the general population and build on targeted
interventions for key affected groups and those at a high risk of
HIV transmission.
o Targeted interventions for key affected groups : A key
component of the National AIDS Control Programme is the
prevention of new HIV infections by achieving an 80 percent
coverage of key affected groups with targeted interventions
(TIs).
o TIs are implemented on the premise that prevention of HIV
transmission from key affected groups such as sex workers to
their male clients (for example) will lower HIV transmission
among their sexual partners - e.g. women in the general
population.
HIV education and awareness in India
o Link Worker Scheme
o The Link Worker Scheme, supported by the UNDP, is a
community-based outreach strategy working to address HIV
prevention, treatment, care and support of hard-to-reach groups
in rural India.

o Specifically, the scheme provides information resources on HIV

and STI prevention, condom promotion and distribution, HTC
and referral to treatment. Since the introduction of HTC in 2003,
there has been a ten-fold increase in those identified as living
with HIV in rural Chhattisgarh. The project currently operates in
163 districts across 17 states.

o The Red Ribbon Express

o Launched in 2007, the Red Ribbon Express is an HIV and AIDS
awareness campaign train run by Indian Railways.
By 2013, the train had visited 23 states reaching more than 10 million
people with messages about HIV prevention in rural parts of India. The
train now also provides HIV testing and counselling (HTC) services and
treatment for sexually transmitted infections (STIs) Most recently, the
campaign has targeted young people.