UGC-NET (NTA) Human Rights and Duties, June-2023

In pursuance of Article 17 of the Constitution of India, which unequivocally prohibits the practice of untouchability, the Untouchability (Offences) Act was enacted. Article 17 reflects the nation's commitment to eradicating the age-old social evil of untouchability and ensuring the dignity and equality of all citizens.
The Untouchability (Offences) Act, enacted in 1955, aimed to make the practice of untouchability a punishable offense, recognizing it as a heinous social crime that needed legal intervention. This legislative measure represented a significant step towards the realization of the constitutional mandate, seeking to eliminate discrimination and prejudice based on caste. The Act criminalized practices associated with untouchability, providing a legal framework to prosecute those engaging in such discriminatory acts. While subsequent legal developments have further strengthened anti-discrimination laws,
the Untouchability (Offences) Act was a foundational piece of legislation in India's ongoing efforts to combat and eliminate the deeply entrenched practice of untouchability.

The 2002 Convention on Cyber Crime, commonly known as the Budapest Convention, was held in Budapest, Hungary. The convention, initiated by the Council of Europe, represents a landmark international effort to address the challenges posed by cybercrime and establish a framework for international cooperation in combating offenses committed via the internet.
Enacted in response to the escalating threats of cybercrime, the Budapest Convention focuses on harmonizing legal approaches, facilitating international cooperation, and enhancing the capacity of member states to combat cyber threats effectively.
It outlines provisions related to criminalization of certain activities, procedural measures, and international cooperation mechanisms, emphasizing the need for a collective response to the transnational nature of cybercrime.
The convention has been signed and ratified by numerous countries, underscoring its global significance as a key instrument in the fight against cyber threats and the protection of information systems.

Videography of FIR registration is mandatory when the victim herself reports a case of rape, underscores a crucial legal and ethical dimension in handling sexual offenses. This approach reflects an evolving sensitivity in legal frameworks towards the unique challenges faced by survivors during the reporting process.
Mandating videography in such cases is designed to empower the victim, providing a means to document the complaint while prioritizing her privacy, dignity, and emotional wellbeing. It serves to protect the survivor from potential harassment, pressure, or undue influence during the registration of the FIR, recognizing the trauma associated with sexual crimes.
This victim-centric approach not only aligns with the broader trend in legal systems toward enhancing survivor support and ensuring transparency but also acknowledges the necessity of adapting legal procedures to address the specific nature of sexual offenses and the vulnerability of those who have experienced such traumatic incidents.

Kofi Annan's characterization of Special Procedures as the "Crown Jewel of the U.N. Human Rights System" underscores the unique and invaluable role these mechanisms play in safeguarding human rights globally.
Special Procedures, comprised of independent experts and working groups appointed by the Human Rights Council, serve as vigilant overseers tasked with examining, monitoring, and advising on specific human rights issues or situations in various countries.
Functioning as the eyes and ears of the Council, these experts provide impartial and objective assessments, conducting on-the-ground investigations, and offering recommendations to rectify human rights violations.
Annan recoghized their exceptional contribution in holding governments accountable and ensuring that instances of abuse do not go unnoticed. In contrast to broader mechanisms like the Universal Periodic Review (UPR) or the overarching role of the Human Rights Council (HRC), Special Procedures stand out for their ability to conduct in-depth, targeted scrutiny, making them an indispensable asset in the pursuit of a more just and rightsrespecting global society.
Their independent investigations, expertise, and commitment to shedding light on hidden abuses collectively make Special Procedures the "Crown Jewel" within the intricate framework of the U.N. Human Rights System.

The sessions of the Human Rights Committee are typically convened in either New York or Geneva, reflecting the international nature and commitment to the universality of human rights.
New York, as the headquarters of the United Nations, serves as a crucial venue for diplomatic and multilateral discussions on a wide array of global issues, including human rights. The presence of the Human Rights Committee sessions in New York facilitates engagement with various member states, enabling a broad and inclusive dialogue.
Additionally, Geneva, with its long-standing tradition as a hub for international organizations and human rights activities, provides a well-established setting for discussions on human rights matters. Both locations offer platforms for the committee to address and assess human rights situations worldwide, reinforcing the global commitment to upholding and promoting the fundamental rights and dignity of individuals across diverse regions and cultures.
The choice of these international centers underscores the collaborative and multilateral nature of the efforts to advance the human rights agenda on a global scale.

The Addis Ababa Guidelines, adopted in 2012, primarily address the critical aspect of the independence and impartiality of members serving on Human Rights Treaty Bodies (HRTBs).
These guidelines underscore the significance of ensuring that individuals appointed to these bodies possess the necessary qualifications and maintain а high standard of competence.
The focus on independence and impartiality reflects a commitment to upholding the credibility and effectiveness of HRTBs in their crucial role of monitoring and promoting human rights globally. By establishing principles and standards for the selection and conduct of members, the guidelines aim to prevent any undue influence and ensure that those serving on HRTBs can discharge their responsibilities objectively.
This emphasis on the integrity of HRTB members is integral to fostering a human rights framework that is reliable, credible, and capable of addressing diverse and complex human rights challenges across the international spectrum.

Article 31 of the International Covenant on Civil and Political Rights (ICCPR) holds a crucial provision regarding the composition of the Human Rights Committee. Specifically, it ensures a balanced and diverse representation within the Committee by stipulating that not more than one national of a State can be included in the Committee at any given point in time.
This restriction aims to prevent any undue concentration of influence from a single state and fosters a more equitable distribution of membership, enhancing the independence and objectivity of the Human Rights Committee.
By promoting diversity in its composition, the Committee is better positioned to address a broad spectrum of human rights issues impartially and without undue influence from any particular national perspective.
This provision reflects the commitment of the ICCPR to establish a Committee that is representative, inclusive, and capable of effectively fulfilling its mandate in safeguarding and promoting civil and political rights on a global scale.

The Convention on the Elimination of Violence against Women (CEDAW) is indeed considered one of the core international human rights instruments. Adopted in 1979 by the United Nations General Assembly, CEDAW is a pivotal treaty that focuses on the elimination of discrimination against women and girls.
It addresses various aspects of women's rights, including legal and policy measures to combat violence against women, both in public and private spheres. CEDAW emphasizes the importance of ensuring equal opportunities for women in political, economic, and social life.
On the other hand, the Convention for the Protection of All Persons from Enforced Disappearance, the Convention on the Rights of the Child, and the Convention on the Protection of the Rights of Migrant Workers are also significant international human rights instruments, each with its specific focus, but they are not traditionally considered part of the "core instruments" that primarily address gender-based discrimination and violence against women.

The Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region was adopted with India as a signatory in 1992, marking a pivotal moment in the commitment to advancing the rights and inclusion of individuals with disabilities in the region.
The adoption took place during the Meeting to Launch the Asian and Pacific Decade of Disabled Persons held in Beijing, China. This significant proclamation outlines fundamental principles and goals aimed at promoting the full participation and equality of people with disabilities. India, alongside 40 other countries from the Asia-Pacific region, signed the Proclamation, signaling its dedication to fostering an inclusive society.
In the years following, India has continued to translate this commitment into action, exemplified by the enactment of the Rights of Persons with Disabilities Act, 2016.
This comprehensive legal framework underscores India's ongoing efforts to protect and promote the rights of individuals with disabilities, aligning with the principles laid out in the Proclamation adopted in 1992.

The Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, adopted on August 12, 1949, entered into force on October 21, 1950, marking a crucial development in international humanitarian law.
Building on earlier versions from 1864, 1906, and 1929, the convention solidifies the framework for the treatment of the wounded and sick during armed conflicts. Recognizing the pivotal role of the International Committee of the Red Cross (ICRC), it grants the ICRC the right to assist the wounded and sick, while also allowing other authorized relief organizations, neutral governments, and Red Cross and Red Crescent national societies to provide humanitarian services.
Local civilians may be called upon to care for those in need. Key articles, such as Article 1, underscore the obligation of the belligerent power to respect and care for the wounded and sick without nationalitybased distinctions.
Article 12 emphasizes the unequivocal protection of the wounded and sick in all circumstances, compelling parties to conflicts to take proactive measures to safeguard these vulnerable individuals from harm.
This convention, embodying fundamental principles of humanity, sets the standard for the humane treatment of individuals affected by armed conflicts.