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IGNOU CHR 12 Solved Assignment 2022-23
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Important Note – IGNOU CHR 12 Human Rights in India Solved Assignment 2022-2023 Download Free You may be aware that you need to submit your assignments before you can appear for the Term End Exams. Please remember to keep a copy of your completed assignment, just in case the one you submitted is lost in transit.
Submission Date :
- 31st March 2033 (if enrolled in the July 2033 Session)
- 30th Sept, 2033 (if enrolled in the January 2033 session).
Answer any 10 questions. Each question carries 10 marks.
1. Discuss the various fundamental rights enshrined in the constitution of India.
The Fundamental Rights in India enshrined in the Part III (Article 12-32) of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as “fundamental” as they are most essential for all-round development i.e., material,intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution.
These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus. Violations of these rights result in punishments as prescribed in the Indian Penal Court, subject to discretion of the judiciary. The Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste or sex. They are enforceable by the courts, subject to certain restrictions. The Rights have their origins in many sources, including England’s Bill of Rights, the United States Bill of Rights and France’s Declaration of the Rights of Man.
The six fundamental rights are:
- Right to equality (Article 14–18)
- Right to freedom (Article 19–22)
- Right against exploitation (Article 23–24)
- Right to freedom of religion (Article 25–28)
- Cultural and educational rights (Article 29–30)
- Right to constitutional remedies (Article 32)
Rights literally mean those freedoms which are essential for personal good as well as the good of the community. The rights guaranteed under the Constitution of India are fundamental as they have been incorporated into the Fundamental Law of the Land and are enforceable in a court of law. However, this does not mean that they are absolute or that they are immune from Constitutional amendment.
Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-independence social practices. Specifically, they have also been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also forbid trafficking of human beings and forced labour. They also protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and also establish and administer their own education institutions. When the Constitution of India came into force it basically gave seven fundamental rights to its citizens. However, Right to Property was removed as a Fundamental Right through 44th Constitutional Amendment in 1978. In 2009, Right to Education Act was added. Every child between the age of 6 to 14 years is entitled to free education.
In the case of Kesavananda Bharati v. State of Kerala (1973), it was held by the Apex Court that Fundamental Rights can be amended by the Parliament, however, such amendment should not contravene the basic structure of the Constitution.
2. Which of the human rights treaties have been ratified by India? What reservations have been made while ratifying the ICCPR?
India gained Independence in 1947 and the framing of constitution started in 1948 so the drafters of the Indian constitution were also inspired by the aspirational goals sets out in the Universal Declaration of Human Rights1948 (UDHR). The preamble of the Constitution of India underlines the need to secure to all citizens justice, liberty, equality and also dignity of the individuals as important values. India is a signatory of almost all the core Human right treaties. India is a State party to the International Convent on Civil and Political Rights (ICCPR), 1966 , the International Covenant on Social, Economic and cultural Rights (ICESCR), 1966 , the Convention on the Elimination of All forms of Racial Discrimination (CERD), 1965, the International Convention on the Suppression and Punishment of Crime of Apartheid (ICSPCA), 1973, the Convention on the Elimination of Discrimination Against Women (CEDAW), 1979 , the Convention on the Rights of the Child(CRC), 1989 , the Convention on the prevention and Punishment of the Crimes of Genocide, 1948, the Geneva Convention 1, 2, 3, and 4, 1949, the Convention Relating to the status of Refugees and Protocol Relating to the Status of Refugees, 1951, the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), 1984, the International Convention on the protection of all persons from Enforced Disappearances, 2006, and the Convention on the Rights of Person with Disability (CPD), 2007. It has signed but not ratified the Torture Convention i.e. CAT and International Convention on the protection of all persons from Enforced Disappearances. Also India is yet to sign and Ratify the International convention on Protection of Rights of All Migrant worker and Members of their Family (MWC), 1990 and Rome State of the International Criminal Court, 1998. It has not ratified any of the Optional Protocols to these instruments except the Optional Protocol to the CRC (Child prostitution and child pornography) and Second Optional protocol to the CRC (Involvement of children in armed conflict), Also not accepted any of the individual complaints procedures under those conventions it has ratified.
While ratifying the Core human right treaties India has entered substantive reservations and declaration to the ICCPR, ICESCR, CRC, CERD and the CEDAW Convention. This section will analyze the reservation and declarations made by India under these aforesaid human right treaties.
ICCPR and ICESCR
ICESCR and ICCPR, together known as the “Bill of rights” was adopted by UN General Assembly on 16th Dec, 1966 were opened for signature at New York on 19 December 1966. The convents were entered into force on 3rd Jan, 1976 and 23rd March, 1976 respectively. India accessed the conventions on 10th Apr, 1979 with certain reservations and declarations.
Declaration under ICCPR
The Government has ratified the ICCPR on 10 April, 1979 with declarations to Art 1 (Right to Self- Determination), Art 9(5) (right to compensation victim of unlawful arrest or detention) and Art 13(rights of aliens in matters of expulsion).
India supports a “restricted interpretation” of self- determination. In reference to Art 1 India declares that the words `the right of self-determination’ apply peoples under foreign domination, but not to sovereign independent States or to a section of a people or nation because of the essence of national integrity. The declaration was objected by Germany, France and Kingdom of Netherland. But in my view the India has filed reservations, limiting the right of self-determination in order to preclude the possibility of its application within India. As from the Independence India is facing the problem of “Kashmir” and “North-Eastern States”. If there were no reservation like that there is a possibility of more “Khalistan” and “Kashmir”.
3. Critically evaluate the role of Indian judiciary in the protection of environment.
4. Analyse the emergence of the idea of Human Rights as it emerged during freedom movements in India
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5. Discuss the powers of the National Human Rights Commission with respect to the Investigation of the complaints of Human Rights Violations.
6. Discuss the guidelines that need to be followed in case of arrest of Female.
7. Describe the duties of the Protection Officer under the Protection of Women from Domestic Violence Act (2005).
8. Describe the machinery provided in the Consumer Protection Act, (1986) for the redressal of complaints of consumers.
9. Critically analyse the challenges faced by the contemporary human rights movement.
10. Evaluate the role played by non-governmental organisations in the field of Human Rights.
11. Write a note on Buddhism and Human Rights
12. Discuss the powers and functions of National Commission for the Protection of Child Rights (NCPCR).
IGNOU CHR 12 Solved Assignment 2022-23
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IGNOU CHR 12 Solved Assignment 2022-23 Download Free Before attempting the assignment, please read the following instructions carefully.
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