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Governance, Ethics, Law and International Relations — Group-I · Chapter 4

Rights Issues and Social Justice

What to remember

  • Human rights are protected by the Constitution (Part III and Part IV), by the Protection of Human Rights Act, 1993, and by special laws and commissions for women, children, SC/ST and other weaker groups.
  • Social justice in India works through three tools: constitutional safeguards (Articles 15, 16, 17, 46, 330-342), special laws (Atrocities Act, POCSO, Domestic Violence Act, RTE) and statutory bodies (NHRC, NCW, NCSC, NCST, NCPCR).
  • Commissions mostly recommend; they do not give binding orders. Courts and the executive must act on their reports.

Human rights: meaning and institutions

Human rights are basic rights that every person has because he or she is human. The Universal Declaration of Human Rights (UDHR) was adopted by the UN General Assembly on 10 December 1948. India marks Human Rights Day on 10 December. The UDHR is not a treaty, but it guided the Fundamental Rights and Directive Principles in India's Constitution.

The Protection of Human Rights Act, 1993 created the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRC). The Act was amended in 2006 and in 2019.

Main points about the NHRC:

  • It is a statutory body, not a constitutional body.
  • The Chairperson is a former Chief Justice of India or a former Judge of the Supreme Court (after the 2019 change).
  • Members include a Judge or former Judge of the Supreme Court, a Chief Justice or former Chief Justice of a High Court, and persons with knowledge of human rights. Women are also represented.
  • The President appoints the Chairperson and members on the advice of a committee: Prime Minister (head), Speaker of Lok Sabha, Union Home Minister, Leaders of Opposition in both Houses, and the Deputy Chairman of Rajya Sabha.
  • The term is three years or up to the age of 70, whichever is earlier. Reappointment is allowed.
  • It can inquire into violations on its own or on a complaint. It usually does not take up a matter more than one year old.
  • Its recommendations are not binding. It can visit jails, review safeguards and promote human rights education.

A State Human Rights Commission is headed by a former Chief Justice or Judge of a High Court. It deals with subjects in the State List and Concurrent List. Human Rights Courts can be set up at district level for speedy trial of violation cases.

Women: rights and protection

The Constitution allows special provisions for women. Article 14 gives equality. Article 15(3) allows the State to make special provisions for women and children. Article 39(a) and (d) ask for equal means of livelihood and equal pay for equal work. Article 42 asks for humane work conditions and maternity relief. Article 51A(e) makes it a duty to give up practices that insult women. Articles 243D and 243T give reservation for women in Panchayats and Municipalities. The Women's Reservation Act, 2023 (106th Amendment) reserves one-third of seats for women in the Lok Sabha and State Assemblies; it will work only after the delimitation exercise that follows the next census.

The National Commission for Women (NCW) was created under the National Commission for Women Act, 1990. It reviews legal safeguards, looks into complaints and advises the Government. Andhra Pradesh also has a State Commission for Women under State law.

Law or rulingMain purpose
Dowry Prohibition Act, 1961Bans giving and taking dowry
Vishaka guidelines, 1997Supreme Court rules against sexual harassment at work, until a law was made
Domestic Violence Act, 2005Civil remedies: protection orders, residence and monetary relief
Sexual Harassment of Women at Workplace Act, 2013Internal Complaints Committee in each office; Local Committee at district level
Criminal Law (Amendment) Act, 2013Wider definition of sexual offences after the Nirbhaya case
Maternity Benefit (Amendment) Act, 201726 weeks paid leave for the first two children
Muslim Women (Protection of Rights on Marriage) Act, 2019Makes instant triple talaq illegal

Andhra Pradesh has also taken steps such as the Disha initiative for faster police response and trial in crimes against women. Treat the exact legal status of such State measures as "check the latest official position".

Scheduled Castes and Scheduled Tribes

Article 17 abolishes untouchability. Article 46 asks the State to promote the education and economic interests of SC, ST and weaker sections. Article 15(4) and 16(4) allow special provisions and reservation in jobs. Article 16(4A) allows reservation in promotion. Article 330 and 332 give reserved seats in the Lok Sabha and State Assemblies. Article 335 asks that claims of SC/ST be considered in services, keeping administrative efficiency. Articles 341 and 342 let the President notify the lists of SC and ST. Fifth and Sixth Schedules deal with administration of Scheduled and Tribal areas.

  • Protection of Civil Rights Act, 1955 punishes practice of untouchability (earlier named the Untouchability (Offences) Act).
  • SC/ST (Prevention of Atrocities) Act, 1989 punishes atrocities against SC and ST members. It has special courts and relief for victims. It was strengthened in 2015 and amended again in 2018.
  • Prohibition of Employment as Manual Scavengers Act, 2013 bans manual scavenging and requires rehabilitation.
  • Forest Rights Act, 2006 recognises forest rights of tribal and other forest dwellers.
  • PESA, 1996 extends Panchayat self-rule to Scheduled Areas.
CommissionArticleNote
National Commission for Scheduled Castes338Separate body since the 89th Amendment, 2003
National Commission for Scheduled Tribes338ACreated by the same amendment
National Commission for Backward Classes338BGiven constitutional status by the 102nd Amendment, 2018

These are constitutional bodies. The earlier single commission for SC/ST was set up by the 65th Amendment, 1990. The National Commission for Minorities was created by an Act of 1992, and the National Commission for Safai Karamcharis works for sanitation workers.

Children

  • Article 21A (86th Amendment, 2002) makes elementary education a Fundamental Right for children aged 6 to 14.
  • Article 24 bans employment of children below 14 in factories, mines and hazardous work.
  • Article 45 now asks for early childhood care and education below six years.
  • Article 51A(k) makes it a parent's duty to give education opportunity.
  • The Right of Children to Free and Compulsory Education Act, 2009 (RTE) came into force in 2010. Private schools must reserve a share of entry-level seats for weaker sections.
  • POCSO Act, 2012 protects children below 18 from sexual offences, with child-friendly procedures and special courts.
  • Juvenile Justice (Care and Protection of Children) Act, 2015 allows a juvenile aged 16-18 to be tried as an adult for heinous offences after a preliminary assessment by the Board.
  • Child Labour (Prohibition and Regulation) Amendment Act, 2016 bans work for children under 14, except helping family in non-hazardous work outside school hours, and bans adolescents (14-18) from hazardous work.
  • Prohibition of Child Marriage Act, 2006 replaced the older 1929 law.
  • The National Commission for Protection of Child Rights (NCPCR) was set up in 2007 under the 2005 Commission Act. State Commissions exist too.
  • The Integrated Child Development Services (ICDS) started in 1975. School meals now run as PM POSHAN.

Other groups

  • Transgender Persons (Protection of Rights) Act, 2019, after the NALSA judgment of 2014, which recognised a third gender.
  • Rights of Persons with Disabilities Act, 2016 recognises 21 disabilities and has reservation in government jobs.
  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007 makes children and heirs responsible for elders.
  • Mental Healthcare Act, 2017 gives a right to mental healthcare and limits the use of Section 309 IPC against a person who attempts suicide; the Bharatiya Nyaya Sanhita, 2023 (in force 1 July 2024), which replaced the IPC, has no general offence of attempted suicide.

Exam traps

  • NHRC is statutory (1993 Act); NCSC, NCST and NCBC are constitutional (Articles 338, 338A, 338B).
  • Article 21A covers ages 6-14; POCSO covers all below 18.
  • Article 17 abolishes untouchability; the 1955 and 1989 Acts give punishment.
  • Vishaka was a judgment; the 2013 Act is the law.
  • NHRC recommendations are advisory, not binding.
  • Article 24 bans hazardous work below 14; the 2016 amendment extends the ban to adolescents.
  • Article 15(3) is for women and children; Article 15(4) is for backward classes, SC and ST.
  • Women's Reservation Act, 2023 does not apply immediately; it waits for delimitation.

One-liners

  • 1. UDHR was adopted on 10 December 1948.
  • 2. The Protection of Human Rights Act was passed in 1993.
  • 3. NHRC members are appointed by the President on a committee's advice.
  • 4. Article 338 deals with the SC Commission and Article 338A with the ST Commission.
  • 5. The 102nd Amendment made NCBC a constitutional body.
  • 6. The 86th Amendment inserted Article 21A.
  • 7. RTE Act came into force in 2010.
  • 8. POCSO Act was enacted in 2012.
  • 9. The Atrocities Act dates from 1989.
  • 10. The Domestic Violence Act dates from 2005.
  • 11. The Sexual Harassment at Workplace Act dates from 2013.
  • 12. Maternity leave is 26 weeks after the 2017 amendment.

Practice questions

  1. The Universal Declaration of Human Rights was adopted by the UN General Assembly in

    1. 1966
    2. 1993
    3. 1945
    4. 1948
    Answer

    D. 1948

    UDHR was adopted on 10 December 1948.

  2. The National Human Rights Commission of India was created under

    1. The Protection of Human Rights Act, 1993
    2. Article 32 of the Constitution
    3. Article 338 of the Constitution
    4. The 42nd Amendment, 1976
    Answer

    A. The Protection of Human Rights Act, 1993

    NHRC is a statutory body set up by the 1993 Act.

  3. Who appoints the Chairperson of the NHRC?

    1. The Chief Justice of India
    2. The President on a committee's advice
    3. The Prime Minister alone
    4. The Speaker of Lok Sabha
    Answer

    B. The President on a committee's advice

    The President appoints on advice of a high-level committee headed by the Prime Minister.

  4. Which Article abolishes untouchability?

    1. Article 15
    2. Article 18
    3. Article 17
    4. Article 16
    Answer

    C. Article 17

    Article 17 abolishes untouchability and forbids its practice.

  5. Right to free and compulsory education for children aged 6 to 14 is guaranteed by

    1. Article 24
    2. Article 45
    3. Article 51A(k)
    4. Article 21A
    Answer

    D. Article 21A

    Article 21A was inserted by the 86th Amendment, 2002.

  6. Which Article allows the State to make special provisions for women and children?

    1. Article 15(4)
    2. Article 15(1)
    3. Article 16(4)
    4. Article 15(3)
    Answer

    D. Article 15(3)

    Article 15(3) permits special provisions for women and children.

  7. The National Commission for Scheduled Tribes is provided for in

    1. Article 338B
    2. Article 342
    3. Article 338A
    4. Article 338
    Answer

    C. Article 338A

    Article 338A was added by the 89th Amendment, 2003.

  8. Which law protects children below 18 years from sexual offences?

    1. Child Labour Act, 2016
    2. POCSO Act, 2012
    3. RTE Act, 2009
    4. Juvenile Justice Act, 2015
    Answer

    B. POCSO Act, 2012

    The Protection of Children from Sexual Offences Act, 2012 deals with this.

  9. Vishaka guidelines were issued by the Supreme Court on

    1. Sexual harassment at the workplace
    2. Dowry deaths
    3. Acid attacks
    4. Domestic violence
    Answer

    A. Sexual harassment at the workplace

    Vishaka (1997) laid down rules against workplace sexual harassment until a law was made.

  10. The Atrocities Act of 1989 protects

    1. Members of SC and ST
    2. Senior citizens
    3. Women and children
    4. Religious minorities
    Answer

    A. Members of SC and ST

    It is the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

  11. Maternity leave under the 2017 amendment is

    1. 12 weeks
    2. 16 weeks
    3. 26 weeks
    4. 20 weeks
    Answer

    C. 26 weeks

    The 2017 amendment raised paid maternity leave to 26 weeks for the first two children.

  12. The National Commission for Backward Classes got constitutional status through the

    1. 86th Amendment
    2. 102nd Amendment
    3. 89th Amendment
    4. 65th Amendment
    Answer

    B. 102nd Amendment

    The 102nd Amendment, 2018 inserted Article 338B.

  13. The NHRC takes up a complaint generally if the incident is not older than

    1. Five years
    2. Ten years
    3. Three years
    4. One year
    Answer

    D. One year

    The Act bars inquiry into matters more than one year old, as a general rule.

  14. Article 24 of the Constitution prohibits

    1. Child marriage
    2. Forced labour of any person
    3. Employment of children below 14 in hazardous work
    4. Child trafficking
    Answer

    C. Employment of children below 14 in hazardous work

    Article 24 bans employing children below 14 in factories, mines and hazardous jobs.

  15. Which Act recognised the right of forest dwellers over forest land?

    1. Forest Rights Act, 2006
    2. PESA Act, 1996
    3. Environment Protection Act, 1986
    4. Wildlife Protection Act, 1972
    Answer

    A. Forest Rights Act, 2006

    The Forest Rights Act, 2006 recognises individual and community forest rights.

  16. PESA, 1996 extends the Panchayat system to

    1. All hill districts
    2. Scheduled Areas
    3. Union Territories
    4. Urban areas
    Answer

    B. Scheduled Areas

    The Panchayats (Extension to Scheduled Areas) Act gives self-rule to tribal Scheduled Areas.

  17. A woman faces cruelty at home from her husband and wants a protection order from a Magistrate. Which law helps her most directly?

    1. Equal Remuneration Act, 1976
    2. Sexual Harassment at Workplace Act, 2013
    3. Maternity Benefit Act, 1961
    4. Protection of Women from Domestic Violence Act, 2005
    Answer

    D. Protection of Women from Domestic Violence Act, 2005

    The 2005 Act gives civil remedies such as protection and residence orders.

  18. An employee faces sexual harassment in a private office. Where should she first complain under law?

    1. National Human Rights Commission
    2. Internal Complaints Committee of the office
    3. Supreme Court directly
    4. State Public Service Commission
    Answer

    B. Internal Complaints Committee of the office

    The 2013 Act requires an Internal Complaints Committee in every workplace with the required staff.

  19. A 17-year-old is accused of a heinous offence. Under the 2015 juvenile law, he

    1. May be tried as an adult after a preliminary assessment by the Board
    2. Is always tried as an adult
    3. Is released without trial
    4. Cannot be tried as an adult at all
    Answer

    A. May be tried as an adult after a preliminary assessment by the Board

    The Board assesses mental and physical capacity before transfer to a children's court.

  20. Which body would normally look into a complaint of denial of school admission to a child under RTE?

    1. National Commission for Protection of Child Rights
    2. National Commission for Women
    3. National Commission for Minorities
    4. NHRC only
    Answer

    A. National Commission for Protection of Child Rights

    NCPCR monitors child rights and the working of the RTE Act.

  21. A tribal community wants recognition of its rights over forest produce. Which Act applies?

    1. Manual Scavengers Act, 2013
    2. Atrocities Act, 1989
    3. Forest Rights Act, 2006
    4. Civil Rights Act, 1955
    Answer

    C. Forest Rights Act, 2006

    The Forest Rights Act recognises such community rights.

  22. Which statement about NHRC is correct?

    1. It gives binding orders to the Government
    2. It is a constitutional body under Article 338
    3. It can recommend relief but cannot enforce it
    4. It deals only with prisoners' rights
    Answer

    C. It can recommend relief but cannot enforce it

    NHRC recommendations are advisory in nature.

  23. The Women's Reservation Act, 2023 reserves seats for women in

    1. Lok Sabha and State Assemblies
    2. Rajya Sabha and Legislative Councils
    3. Panchayats only
    4. Municipalities only
    Answer

    A. Lok Sabha and State Assemblies

    It reserves one-third of seats in Lok Sabha and State Legislative Assemblies, after delimitation.

  24. Manual scavenging is prohibited and rehabilitation is required under

    1. The SC/ST Atrocities Act, 1989
    2. The Protection of Civil Rights Act, 1955
    3. The Manual Scavengers Act, 2013
    4. Article 24 only
    Answer

    C. The Manual Scavengers Act, 2013

    The 2013 Act prohibits employing manual scavengers and requires rehabilitation.

  25. Consider the statements on the NHRC. 1. It is a constitutional body. 2. Its Chairperson is a former Chief Justice of India or former Supreme Court Judge. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    NHRC is statutory; the Chairperson must be a former CJI or SC Judge.

  26. Consider the statements. 1. Article 21A covers children aged 6 to 14. 2. POCSO Act covers children below 18. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both statements are right.

  27. Consider the statements. 1. The NCW was created under an Act of 1990. 2. The NCW is a constitutional body under Article 338. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    NCW is statutory; Article 338 deals with the SC Commission.

  28. Consider the statements. 1. Vishaka guidelines were a judgment of the Supreme Court. 2. The Sexual Harassment of Women at Workplace Act came in 2013. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    The court gave rules in 1997 and Parliament passed the Act in 2013.

  29. Consider the statements. 1. Article 17 abolishes untouchability. 2. Punishment for untouchability is given by the Protection of Civil Rights Act, 1955. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    The Article abolishes it; the 1955 Act punishes its practice.

  30. Consider the statements. 1. NCPCR was set up in 2007. 2. It works under the Commissions for Protection of Child Rights Act, 2005. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    The Act of 2005 created NCPCR, which began work in 2007.

  31. Consider the statements. 1. The Child Labour Amendment Act, 2016 bans work for children below 14 with limited exceptions. 2. It allows adolescents aged 14-18 to work in hazardous jobs. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Adolescents are banned from hazardous work; only statement 1 is correct.

  32. Consider the statements. 1. The 65th Amendment set up a joint commission for SC and ST. 2. The 89th Amendment split it into two commissions. Which is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    The 65th Amendment (1990) created one body and the 89th (2003) separated them.

  33. Match: 1. Article 330 2. Article 335 3. Article 341. Which pairing is correct?

    1. 341 - claims of SC/ST in services
    2. 330 - abolition of untouchability
    3. 335 - list of Scheduled Castes
    4. 330 - reserved seats in Lok Sabha for SC/ST
    Answer

    D. 330 - reserved seats in Lok Sabha for SC/ST

    Article 330 reserves Lok Sabha seats; 335 deals with services; 341 notifies SC list.

  34. Match the law with its year: Domestic Violence Act

    1. 2012
    2. 1961
    3. 2013
    4. 2005
    Answer

    D. 2005

    The Protection of Women from Domestic Violence Act was passed in 2005.

  35. Match the law with its subject: Dowry Prohibition Act

    1. Protects child workers
    2. Bans giving and taking dowry
    3. Protects senior citizens
    4. Protects forest dwellers
    Answer

    B. Bans giving and taking dowry

    The 1961 Act bans dowry.

  36. Match the body with its Article: National Commission for Backward Classes

    1. Article 338
    2. Article 338A
    3. Article 338B
    4. Article 340 only
    Answer

    C. Article 338B

    NCBC has constitutional status under Article 338B.

  37. Match the judgment with its subject: NALSA, 2014

    1. Free legal aid for women
    2. Workplace harassment
    3. Reservation in promotion
    4. Recognition of a third gender
    Answer

    D. Recognition of a third gender

    The Court recognised transgender persons as a third gender.

  38. The Rights of Persons with Disabilities Act, 2016 recognises

    1. 30 disabilities
    2. 14 disabilities
    3. 7 disabilities
    4. 21 disabilities
    Answer

    D. 21 disabilities

    The 2016 Act expanded the list to 21 disabilities.

  39. Article 16(4A) provides for

    1. Reservation for backward classes in admission
    2. Reservation in promotion for SC and ST
    3. Reservation for women in jobs
    4. Reservation for economically weaker sections
    Answer

    B. Reservation in promotion for SC and ST

    It allows reservation in promotion for SC/ST where under-represented.

  40. A State Human Rights Commission is headed by

    1. The Governor
    2. The Chief Minister
    3. A retired Judge of the Supreme Court
    4. A former Chief Justice or Judge of the High Court
    Answer

    D. A former Chief Justice or Judge of the High Court

    The Act requires a former Chief Justice or Judge of a High Court.

  41. Which Article makes it a duty to give up practices that insult women's dignity?

    1. Article 243D
    2. Article 51A(e)
    3. Article 39(d)
    4. Article 42
    Answer

    B. Article 51A(e)

    Article 51A(e) is a Fundamental Duty.

  42. Maintenance of parents by their children is legally enforced under

    1. Mental Healthcare Act, 2017
    2. RPwD Act, 2016
    3. Dowry Prohibition Act, 1961
    4. Maintenance and Welfare of Parents and Senior Citizens Act, 2007
    Answer

    D. Maintenance and Welfare of Parents and Senior Citizens Act, 2007

    The 2007 Act makes children and heirs responsible for maintaining senior citizens.

  43. The SC/ST Atrocities Act provides for

    1. Only fines
    2. Only compensation
    3. Only departmental action
    4. Special courts and relief for victims
    Answer

    D. Special courts and relief for victims

    The Act provides special courts, exclusive special courts and relief.

  44. Article 46 of the Constitution asks the State to promote

    1. Separation of the judiciary
    2. Educational and economic interests of SC, ST and weaker sections
    3. Uniform Civil Code
    4. Panchayati Raj institutions
    Answer

    B. Educational and economic interests of SC, ST and weaker sections

    Article 46 is a Directive Principle on weaker sections.

  45. Which of these is a constitutional body, not merely a statutory one?

    1. National Commission for Scheduled Castes
    2. National Commission for Women
    3. National Human Rights Commission
    4. National Commission for Protection of Child Rights
    Answer

    A. National Commission for Scheduled Castes

    NCSC is under Article 338; the others are created by Acts.

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