UGC-NET (NTA) Human Rights and Duties, JUNE-2025

Communal violence, although a serious domestic crime, is not classified as an international crime under international criminal law. International crimes include genocide, crimes against humanity, war crimes, aggression, torture, and human trafficking.
These crimes fall under the jurisdiction of international bodies such as the International Criminal Court (ICC) and are defined in treaties like the Rome Statute (1998). Communal violence, however, is dealt with largely under national criminal laws, unless it rises to the level of systematic persecution meeting criteria for crimes against humanity.
Therefore, among the given options, communal violence is not recognized as an international crime.

The statement "The end of Law is not to abolish or restrain but to preserve and enlarge freedom" is attributed to John Locke, the 17th-century liberal philosopher.
Locke argued that the purpose of law in a civil society is to protect natural rights-life, liberty, and property. Contrary to authoritarian views, he believed law does not curtail liberty but enhances it by ensuring security and preventing the arbitrary actions of others.
For Locke, lawful government and rule of law create conditions where individuals enjoy greater freedom than in the state of nature. This idea laid the foundation for modern constitutional liberalism.

The statement "Freedom is always and exclusively freedom for the one who thinks differently" was written by Rosa Luxemburg. She emphasized that true political freedom must include space for dissent, criticism, and minority viewpoints.
Luxemburg criticised authoritarian tendencies within revolutionary movements and argued that without the protection of dissenting voices, freedom becomes meaningless.
Her statement highlights the democratic essence of liberty: it must apply even to those who disagree with the majority or the ruling power. This idea is central to modern democratic theory on civil liberties.

The theory of "three generations of human rights" was propounded by Karel Vasak, a Czech-born French jurist, in 1977. Hе classified human rights into three phases inspired by the French Revolution idealsLiberty, Equality, and Fraternity.

• First generation: Civil and political rights (liberty)
• Second generation: Economic, social, and cultural rights (equality)
• Third generation: Solidarity or collective rights such as the right to development, peace, and environment (fraternity)

Vasak's model influenced the academic understanding of human rights evolution, though not legally binding, it remains an important conceptual framework.

Jean-Jacques Rousseau made the distinction between Real Will and Actual Will in his political philosophy. According to him:

• Actual Will represents people's immediate, selfish or individualistic desires.
• Real Will (part of the "General Will") reflects what is genuinely good for the whole community and ensures collective welfare.

Rousseau believed that true freedom arises when individuals follow the General Will, even if it conflicts with their actual private interests.
This distinction plays a foundational role in understanding Rousseau's theory of popular sovereignty and democratic legitimacy.

Granville Austin, the noted American constitutional scholar, described the Fundamental Rights and the Directive Principles as the "Conscience of the Indian Constitution.
" He argued that these two parts together form the core philosophy of the Constitution. According to Austin, Fundamental Rights ensure political democracy by protecting individual freedoms, while Directive Principles ensure socioeconomic democracy by guiding the state to create conditions of justice, equality, and welfare.
His analysis highlighted that these two components are complementary, not conflicting, and together express the moral and ethical vision of the Indian Constitution.

The Universal Declaration of Human Rights (UDHR), 1948) is a resolution adopted by the United Nations General Assembly, not a treaty or legally binding agreement. It was passed on 10 December 1948 as General Assembly Resolution 217A (III).
Although not legally enforceable, it has immense moral and political authority and forms the foundation of modern international human rights law. Many later binding treaties, such as the ICCPR and ICESCR (1966), were drafted on the principles laid down in the UDHR, making it a cornerstone document for global human rights norms.

The Protection of Human Rights Act (PHRA) was enacted by the Indian Parliament in 1993 and came into force in September 1993. The Act provides for the establishment of the National Human Rights Commission (NHRC), State Human Rights Commissions, and Human Rights Courts.
It defines human rights as rights relating to life, liberty, equality, and dignity guaranteed by the Constitution or embodied in international covenants. The Act was later amended in 2006 and 2019 to expand the structure and functioning of human rights institutions in India.

The Chairperson of the National Human Rights Commission (NHRC) shall hold office for a term of five years from the date he enters upon office or until he attains the age of 70 years, whichever is earlier. The original Protection of Human Rights Act, 1993, provided a tenure of five years or age 70.
Later, the Protection of Human Rights (Amendment) Act, 2019, changed the tenure to three years but retained the same maximum age limit of 70 years.
Since the question uses the earlier five-year term condition, the correct maximum age limit remains 70 years, which continues to be constitutionally accurate and legally applicable under the amended framework as well.

India formally acceded to the International Covenant on Civil and Political Rights (ICCPR) in 1979. Although the Covenant was adopted by the UN in 1966, India ratified it later as part of its commitment to international human rights norms.
The ICCPR guarantees rights such as equality before law, freedom of speech, freedom of religion, fair trial, and protection from torture. India's accession in 1979 marked a major step in aligning domestic human rights protections with global standards.