SIKKIM STATE HUMAN RIGHTS COMMISSION

SUBMITTED TO –
JUSTICE N.K. JAIN, Hon’ble CHAIRPERSON OF SSHRC.
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ACKNOWLEDGEMENT

The final outcome of this synopsis required a lot of guidance and

assistance from many people and I am extremely privileged to have
got this all along the completion of my synopsis. All that I have done
is only due to such supervision and assistance and I would not forget
to thank them.
I respect and thank the SSHRC authority for providing me an
opportunity to do internship in the State Human Rights Commission
and giving me all support and guidance which accomplished my
objective and synopsis duly, although the authority were busy
managing the state affairs.

Date:
Name:
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INDEX

CHAP.I: INTRODUCTION………………………………4-5
CHAP. II: EXTENT AND DISTINCTION………………6-7
CHAP. III: IMPORTANCE OF HUMAN RIGHTS……..8-9
CHAP. IV: CASE STUDY…………………………….10-13
CONCLUSION……………………………………………14
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CHAPTER: I

INTRODUCTION:
The expression “Human Rights” denotes all those rights, which are inherent in
our nature without which we cannot live as human beings. Human Rights being
eternal part of the nature of human beings are essential for individuals to
develop their personality. Their personality, their human qualities, intelligence,
talent and conscience and to satisfy their spiritual and other higher needs.
Further it is described that the rights, which are natural and inherent for the life
and happiness of every individual are called Human Rights. These rights are
indispensible for maintenance of human dignity and the individual enjoys these
rights from birth to death. Infact human rights are the very essence of a
meaningful life, the purpose of securing human rights as such is to provide
protection to these rights against the abuse of power committed by the organs of
the State; to establish institutions for the promotion of living conditions of
human beings and for the development of their personality; and at the same
time, to provide effective remedial measures for obtaining redress when these
rights are violated.

Section 2(d) of the protection of Human Rights Act,1993 defines, Human

Rights as the rights relating to life, liberty, equality and dignity of the individual
guaranteed by the Constitution or embodied in the international covenants and
enforceable by the courts in India. A unique feature of Indian Constitution is
that a large part of human rights are named Fundamental Rights, and right to
enforce fundamental rights itself has been made a Fundamental Right. The
Fundamental Rights in the Indian Constitution constitute the Magna Carta of
individual’s liberty and human rights. Even before the Indian Independence; the
framers of the Indian constitution, while drafting it had taken note of the basic
human rights of all human beings and embodied them in the Preamble and Part
III of the Constitution. Besides the right to justice, social, economic and
political: liberty of thought, expression and belief; equality of status and
opportunity and fraternity ensuring dignity of individuals: freedom of speech,
expression etc. have also been incorporated as fundamental rights of the citizen
of India.
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These are considered as founding pillars of Indian democracy which the people
of India are solemnly resolved to follow. The basic purpose of the Preamble is
to ensure protection of rights and freedoms of all citizens without any
discrimination whatsoever. The Supreme Court of India, in its historic judgment
in Maneka Gandhi vs. Union of India, observed that fundamental rights
represent the basic values cherished by people of India and ensure to protect the
dignity of the individual and create conditions in which every human being can
develop his personality to the fullest extent. They are the “Pattern of guarantee”
on the basic structure of human rights and impose negative obligations on the
State not to encroach upon individuals liberty in its various dimensions.
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CHAPTER – II

EXTENT OF HUMAN RIGHTS STANDARDS INCORPORATED

UNDER THE CONSTITUTION OF INDIA :

The constitution of India (hereinafter referred to as the constitution) guarantees

Fundamental Rights, which can be classified into the following categories.
Right to Equality ( Article 14-18), right to Freedom ( Article 19-22), Right
against Exploitation (Articles 23-24), Right to Freedom of Religion ( Articles
25-28), Cultural and Educational Rights (Articles 29-30), and Right to
Constitutional Remedies (Article 32). The just understanding and appreciation
of the extent of the human rights standards incorporated in the constitutional
needs consideration of the International Bill of Human Rights. For this purpose,
the Optional Protocols 1 to the ICCPR and the ICESCR have been excluded as
they deal with specific procedures relating to individual communications.
Optional Protocol to the ICCPR is also excluded because it deals with abolition
of death penalty, which India has not ratified. The discussion on the extent of
human rights standards incorporated under the Constitution of India starts with
the examination of civil and political rights followed by the economic, social
and cultural rights enumerated in the UDHR, ICCPR, ICESCR and the
constitution of India/.

DIFFERENCE BETWEEN FUNDAMENTAL RIGHTS AND HUMAN

RIGHTS:

While human rights and fundamental rights often overlap, there are some key
differences – in particular concerning their legal nature and their enforceability.
In fact, human rights are basic and universal rights that should be enjoyed by all
individuals regardless of nationality, race, ethnicity and sex, whereas
fundamental rights are enjoyed by all members that fall under the jurisdiction of
the constitution of a given country, without presumption or cost of privilege.
Some of the main differences between the two categories of rights are listed
below:

1. Human rights are outlined in the International Bill of Human Rights and
in a series of international conventions and protocols that define the limits
and jurisdiction of international law (i.e. Convention on the Prevention
and Punishment of the Crime of Genocide, International Convention on
the Elimination of All Forms of Racial Discrimination, Convention on the
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Rights of Persons with Disabilities, Convention Against the Use of

Torture and Other Cruel and Inhuman Treatments, etc.). Conversely,
fundamental rights are outlined in every country’s national constitution –
as such, they can vary from country to country;
2. Governments are expected to enforce human rights treaties only if they
have ratified the relevant conventions – otherwise, international
organizations (i.e. the United Nations, the Human Rights Council and
other relevant mechanisms) can only recommend the governments to
ratify such conventions and treaties but cannot take direct action to verify
the implementation of the various provisions. Conversely, governments
and national legal mechanisms have the duty to respect the fundamental
rights outlined in their national Constitution;
3. Fundamental rights are country specific and are built on the principles of
individual freedom and self-determination, conversely, human rights are
internationally recognized and are built on the idea of civilized societies
and on the right to a dignified life.

In general, the implementation and enforcement of international human rights is

more problematic than the enforcement of fundamental rights due to the very
nature of the international legal framework. Although human rights have a
universal nature, the jurisdiction of the various covenants and treaties only
applies within the countries that have ratified the relevant conventions and
treaties. Furthermore, some international remedies can only be sought once all
domestic remedies are exhausted.
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CHAPTER-III

WHY ARE HUMAN RIGHTS IMPORTANT?

 Human rights are important in the relationships that exist between

individuals and the government that has power over them. The
government exercises power over its people. However, human rights mean
that this power is limited. States have to look after the basic needs of the
people and protect some of their freedoms.
 Some of the most important features of human rights are the following:
1. They are for everyone.
2. They are internationally guaranteed.
3. They are protected by law.
4. They focus on the dignity of the human being.
5. They protect individuals and groups.
6. They cannot be taken away.

Human rights declarations:

Some basic human rights have been written down and agreed to by many
states. The most famous text is the Universal Declaration of Human
Rights (UDHR) which the UN General Assembly approved on 10
December 1948. International Human Rights Day is now celebrated on
10 December every year. The statement of principles in the Declaration
has had a great influence all over the world, although governments are
not forced by law to obey them. However, many lawyers would argue
that because of the way the international world works, human rights have
become legally binding and that governments now do have to obey some
of the principles.
Some of the human rights and freedoms listed in the Universal
Declaration of Human Rights and in other treaties (often called
covenants, conventions or guidelines) include:
•The right to life.
•Freedom from discrimination.
•The right for everyone to be treated equally by the law.
•Freedom to have privacy in the family, home or with personal
correspondence.
•Freedom of association, expression, assembly (gathering in groups) and
movement.
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•The right to seek and enjoy asylum (a safe home).

•The right to a nationality.
•Freedom of thought, conscience and religion.
•The right to vote and take part in government.
•The right to fair working conditions.
•The right to adequate food, shelter, clothing and social security.
•The right to health.
•The right to education.
•The right to property.
•The right to participate in cultural life.
•The right to development.
•Freedom from torture and cruel, inhuman or degrading treatment or
punishment.
•Freedom from arbitrary arrest or detention.
•The right to a fair trial.
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CONCLUSION

Thus, in conclusion it is fair enough to state that the human rights

are those minimal rights which every individual must have by
virtue of his being a “Member of the human family” irrespective of
any other consideration. They are based on mankind’s demand for
a life in which the inherent dignity of the human being will receive
respect and protection. The rule of law is indispensable for the
exercise of the government in a way that promotes and protects
human rights.