UGC-NET (NTA) Human Rights and Duties, SEPTEMBER-2024

The Convention on the Rights of the Child (CRC) was adopted by the United Nations General Assembly on 20th November 1989. It is the most comprehensive international treaty on the rights of children and is legally binding on the countries that ratify it.
The CRC outlines the civil, political, economic, social, health and cultural rights of children, and has been ratified by 196 countries, making it the most widely ratified human rights treaty in history. India ratified it on 11 December 1992.

Treaty bodies are committees of independent experts established under international human rights treaties to monitor the implementation of treaty obligations by State parties. Each core international human rights treaty (such as ICCPR, ICESCR, CEDAW, CRC etc.) has its own treaty body, for example:
• Human Rights Committee (for ICCPR)
• Committee on the Rights of the Child (for CRC)
• CEDAW Committee (for CEDAW)
These bodies review State reports, issue concluding observations, and in some cases, consider individual complaints.

The concept of "Four Freedoms" was articulated by U.S. President Franklin D. Roosevelt in his State of the Union Address on January 6, 1941. The Four Freedoms are:
• Freedom of Speech
• Freedom of Religion
• Freedom from Want
• Freedom from Fear
This speech became a foundational statement for post-WWII human rights discourse, influencing the drafting of the Universal Declaration of Human Rights (1948).

The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the Commission for Protection of Child Rights Act, 2005. According to Section 3 of the Act, the Commission consists of:
• A Chairperson, who is a person of eminence with experience in child welfare.
• Six Members, out of which at least two must be women, who are experts in fields such as child education, health, care, protection, and child labour.
There is no provision for a Vice-Chairperson in the official composition.

In his book "The Future of Governing: Four Emerging Models (1996)", Peters Guy identified four models of governance emerging in the context of public sector reforms:
• The Market Model
• The Participatory State
• The Flexible Government
• The Deregulated Government
The Deregulated Model emphasizes reducing rules, decentralization, and giving managers more autonomy in decision-making. It reflects the shift from bureaucratic rigidity to a more efficient and responsive governance structure, often influenced by New Public Management principles.

The Charter of the United Nations came into force on 24 October 1945, after it was ratified by the majority of the signatories, including the five permanent members of the Security Council.
• The Charter was signed earlier on 26 June 1945 at the San Francisco Conference by 50 nations.
• The UN officially came into existence on 24 October, which is now celebrated annually as United Nations Day.
• This marked the beginning of a new international order focused on peace, security, development, and human rights.

In the landmark judgment of People's Union for Civil Liberties (PUCL) v. Union of India (1997), the Supreme Court ruled that telephone tapping is a violation of the Right to Privacy, which is a part of Article 21 of the Constitution (Right to Life and Personal Liberty).
The Court laid down specific procedural safeguards, including:
• Only the Union or State Home Secretary can authorize interception.
• Orders must be recorded in writing and valid for a maximum of 60 days (extendable up to 180 days).
• The Review Committee must examine the necessity of such orders. This case became a cornerstone in defining privacy as a fundamental right and regulating state surveillance

The Committee on Economic, Social and Cultural Rights (CESCR) was established in the year 1986 by the United Nations Economic and Social Council (ECOSOC) to monitor the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which came into force in 1976.
•  Although the ICESCR was adopted in 1966 and enforced in 1976, for a decade there was no dedicated expert body to ensure compliance.
•  The CESCR comprises 18 independent experts, and it reviews state reports, adopts general comments, and examines individual complaints under the Optional Protocol to the ICESCR (2008).

In her groundbreaking book "In a Different Voice (1982)", Carol Gilligan, an American psychologist and ethicist, challenged traditional male-centric moral theories and introduced the concept of Ethics of Care.
She argued that women's moral development focuses more on relationships, empathy, and responsibility, in contrast to men who emphasize justice, rights, and rules (Ethics of Justice). Ethics of Care emphasizes:
• Contextual morality
• Relational interdependence
• Compassion and nurturing behaviour
This theory laid the foundation for feminist ethics and influenced psychology, moral philosophy, and social policy.

The Government of India Act, 1919, also known as the Montague-Chelmsford Reforms, was a legislative act passed by the British Parliament to introduce limited self-governance in India. It introduced the system of Dyarchy in the provinces, dividing subjects into:
• Reserved subjects (handled by British officials)
• Transferred subjects (handled by Indian ministers)
It expanded the legislative councils at both central and provincial levels and increased Indian representation. This act was based on the report submitted by Edwin Montagu (Secretary of State for India) and Lord Chelmsford (Viceroy of India) in 1918, hence the name.