INDIAN INSTITUTE OF HUMAN RIGHTS

Second Year - Paper 4A.1 Annual Examination – December 2019

Rethinking and Redesigning Human Rights

Time : 3 Hrs. Marks 100

PART – A 2 X 10 = 20 Marks

1. Give the full form of UNDP.

Ans: UNDP - United National Development Programme

3. Expand the abbreviation CHOGM.

Ans: C.H.O.G.M stands for the Common Wealth Heads of Government Meeting.

4. What is a communal riot ?

Ans: ‘Communal riot’ is a riot situation resulting in violence killings among two
communities or religious groups.

6. V.D.P.A. stands for ?

Ans: V.D.P.A. stands for Vienna Declaration and Programme of Action.

7. G.N.P stands for?

Ans: G.N.P stands for Gross National Product.

8. What do you mean by Independent Judiciary?

Ans: Independent Judiciary’ means a judiciary system which is not influenced by any
pressure and acts independently for the cause of justice.

11. What does Contamination mean?

Ans: “Contamination” means pollution for example it could be a toxic contamination or a
nontoxic one, it could be hazardous or nonhazardous ones.

12. What is Gulf War?

Ans: Gulf War the Iraqi invasion of Kuwait.

13. What is religious tolerance ?

Ans: Tolerance is more than puting up with something which is distasteful. It is not just
passive co-existence without violence. It is just not sterile separateness but fruitful
togetherness and enriching co-operation.

15. What is meant by Ecological Disaster ?

Ans: Ecologist Disaster means an environmental disaster resulting dune to
natural/ecologist forces, such as volcano eruption, earth quakes, floods etc.

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PART - B 5 X 4 =20 Marks

1. Importance of UN Charter.
Ans: Article 55 of the UN charter asks the global community to carry out the pledge to
“promote higher standards of living full employment and conditions of economic and social
progress and development”. the preamble of the UN charter speaks of both “fundamental
human rights“ and ‘ social progress and better standards of life in larger freedom. In 1972
UN Secretary
General Boutros Ghali clearly states that sustainable development is not possible
without respect for human rights and that “human rights are meaning less in an
environment of poverty and deprivation Development was once defined almost polity in
terms of economic growth. But development strategic oriented merely towards economic
considerations have often failed to achieve social justice. We recommend that the UN
charter must be modified to give the UN security council the explicit right to intervene in the
case of gross or extreme violation of human rights.

2. Positive Impact of Right to Information.

Ans: “Where a society has chosen to accept democracy as its creedal faith, it is
elementary that the citizens ought to know what their government is doing.” -Justice P N
Bhagwati Right to Information (RTI) is an index to measure the growth and development of
a country. In India, till 2005, the citizens had no access to any information which was dealt
by a Public Authority. Matters effecting public interest was not easy for a common man to
get accessibility.
Thus, without getting relevant information it was difficult for a citizen to participate
in any social, political or economic debate concerning the issues or interest of the country.
Information is the currency that every citizen requires to participate in democracy. The
greater the access of the citizen to information, the greater would be the responsiveness of
Government towards its people.

4. Human Rights Culture.

Ans: The Indian Social system suffers from two traditional malaise whose continuity
contributes towards extra ordinary degrees dehumanizing of nation and people. The power
matrix in India is organized by the principles of caste, wealth and education. Anybody
existing outside the orbits of the caste system (the untouchable) without wealth (landless
laborers and other daily wape corners), and without formal education (ill-treats) is
externalized from the discourse of power He or she is compelled to exist with the status of”
externalized” and in a setting informed by powerlessness as there are only these three
recognized channels to the power structure in the Indian Social order.
In Indian society needs to go beyond the spectrum of ‘religions conversions’ to
‘reservation’ in order to liberate itself from the twin deficiencies of gender injustice and
caste deprivation, what is the way out. It is imperative that a woman oriented strategy of
national conscientization should be given a chance in our future policies, projects and
popular mobilization.

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 The SC comminution should be the focus of our new national drive against illiteracy,
caste oppression, and violence against women as they are the last to receive the advantage
of our post-colonial projects. It will bring us face to face with the most discriminated and
powerless part of Indian population.

6. A note on religious tolerance.

Ans: Every tradition the great religious systems and the secular philosophies, popular
religious belief and philosophical precepts has its own doctrines and systems of tolerance. It
one were to investigate the matter thoroughly, one would find that they would be in
agreement with the three points :
Firstly self-questioning even self-criticism,
secondly comprehension of the other or what might be called empathy and
thirdly dialogue.
This is a worthy notion of tolerance and it is one that we in India, with our many
religious communities, castes, sects, and groups have a history of practicing. It is a fact
corroborates by our history that in the Indian sub continual for countries men and
movements laid the foundation for infraction and communication between various religious
communities.
More than two millennia ago, Emperor Ashoka evoked a liberal vision and carved it
on a rock in these words: “One should honor another man’s sect, for by doing so, one
increases the influence of one’s own sect and benefits that of other men’s while by doing
otherwise one diminishes the influence of one’s own seat and harms the other men’s.
In the medieval centuries, the classical tradition of religions tolerances in India was
powerfully relerated by the Bhakte Saints who subscribed to the principles of tolerance
leading to harmonizing process which sprang from needed articulation,, explanation and
reconciliation.

PART – C 15 X 4 = 60 Marks

3. How is public accountability essential to prevent abuse of power and human rights
violations ?

Ans: Public accountability is essential to prevent abuse of power and resultant human
rights violations Human rights and development suffer in the absence of a predictable frame
work of law that precludes the arbitrary exercise of wide discretionary powers.

` Human rights violations result from the irresponsible exercise of wide powers such
as detention without trial on the pretext of threats to national security. And wide
discretionary powers to regulate economic activities adversely impact on development
because investors and others Cannot assess risks and costs in making economic decisions.

The rule of law implies the existence of a coherent set of rules, their communication
with accuracy and clarity and their fair and nondiscriminatory application. Fairness requires
respect for due process and the principle of equality before the law. Another fundamental
aspect of the rule of law is that the state and its functionaries should exercise power under

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the authority of the law and that government officials should be subject to law just as are
private citizens and be accountable for abuse of power.

Legislative and administrative practices which impede effective participation in the

making of policies and decisions need to be replaced by a culture of democracy citizens have
a right to information and in most common wealth countries government is still not as open
as it is, say in Canada and Sweden. Secrety laws should be reviewed. New rules should
provide for easy access to information and greater transparency Only then can an effective
cheek be provided on maladministration and corruption, only then can efficiency be
promoted and accountability ensured.

A strong and independent judiciary is a shield against arbitrary exercise of power and
for enforcing the private rights of citizens. Experience shows that constitutional provisions
declaring the judiciary to be independent alone cannot guarantee it. Implementation
requires adequate budgetary resources and separation of the judiciary from the executive
and from its administrative control.

Commonwealth exchange of ideas for judicial and law reform. Innovative remedies
and judicial techniques, such as public interest litigation (PIL) for protection of human rights,
should be applied by the judiciary to strengthen democracy. The Commonwealth has a
substantial reservoir of experience and resources which can be utilized for enhanced
cooperation in such areas as training of judges and practitioners, exchanges between
lawyers’ organisations and law schools.

4. What is social change ? Do you find any social change in the Indian society?

Ans: Social change implicates the kind of changes required in society for its letter well
being and survival in years to come in the areas of global civilizations. Indeed, virtually all
traditions enjoin to demolish an unjust and tyrannical order to bring about such changes in
socially which is close to lasting peace and harmony. Tolerance, nonviolence,
nondiscrimination and democratic values are the bedrocks of positive social change. In
India, more than two millennia ago, Emperor Ashoka Evoked a liberal vision and carved it on
a rock in these words:

“One should honour another man’s sect for by doing so, one increases the influence
of one’s own sect and benefits that of other men’s, while by doing otherwise, one
diminishes the influence of one’s own sect and harms the other men’s”.

In medieval India, the classical tradition of religious tolerance displayed by Bhakti

movement, the liberal traditional echoed by Sufi saints and Words of Kabir, Guru Nanak and
Tayore blend of ethosand values, became part of Indian folklore India’s creativity of its
inherent world of diversity and peace full coexistence of various social and religious groups
can indeed form the basis of unparalleled human progress at a global level.

5. Elaborate on the role and responsibility of an educated person for ensuring positive
social change.

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Ans: Today when our country is passing through a crisis, the only demand that one can
make on all educated people is to we their education their skill and their wisdom for the
purpose of integrating society and not disintegrating it. This is the concept of dharma which
we believe in dharma is that which brings people together.

Adharma is that which separates people, disintegrates them, makes them fall as
under, makes them turn against one another with haired. That is something which we have
to repudiate with a life guided by knowledge and inspired by love. Thus the attributes that
are essential to a good society are clear. The challenge before society is to harmonise them.

For each attribute, important as it, should not be pushed to the extreme that way,
there will be disruption of the civil society. That civil society is a good society which is able to
find a proper balance among these different attributes. Thus we as a nation have every
reason to believe that we are capable of realising the ideals of the good society. Our history,
our civilization is witness to this. That is the history and the civilization which was made
together by our people, belonging to various religions, seeks, cultures and languages, being
at ease with their belief systems and world views based on reason and rationality and
working in harmony with one another to achieve material well being of all and lifting up of
most disadvantaged to a position of responsibility, making India what she was and what her
destiny has marked her to be. This was and remains a joint enterprise.

India can regain its poise and position befitting its civilization with the contribution
of people belonging to all sections of its society. This will be the biggest asset in our
becoming a strong, united, stable and confident nation. We must work together with the
ideals which we have talked about so that truth and love may prevail in the affairs of man
and we keep the torch of civilization burning.

6. Critically examine “Universal Declaration of Human Rights was the first positive
manifestation of eternalization of Human Rights values.

Ans: On October 24, 1945 the world at large witnessed the establishment of the United
Nations organisation which on December 10, 1948 adopted Universal Declaration of the
Rights of Man.

This Universal Declaration was the first positive manifestation of internationalization

of human rights values. Even after the United Nation Universal Declaration of the Rights of
Man, about fifty six states, through constitutionally established, have been over thrown by
military coups. There is thus a vary long way to go and many promises to keep.

The general feeling is that these conventions Covenants and Declarations are on
paper and abuses of human rights violations a ground reality. It has not been an easy task to
reconcile the high ideals behind the human rights movement with ground realities. Peace is
a complex problem. No tyrant with harsh methods has been able to secure it without
infliction permanent injury. No liberal politician afraid of inflicting injury has been able to
maintain it. Respect for human rights follows peace. Peace cannot be achieved at the cost of
human rights.

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 Generally speaking, Human Rights are regarded as those fundamental and inclinable
rights which are essential for life as a human being. There is, however, no consensus as to
what these rights should be. Human rights may be interpreted as being different, according
to the particular economic, social and cultural society in which they are being defined.
Human rights have so for escaped a universally acceptable definition, presenting a problem
to international regulation. Many states regard human rights as falling within domestic
jurisdiction, and not a matter to be tackled by international law. In other words treatment of
one’s own nationals should not, according to those states, be the subject of external revues.

The signing of the United Nations Charter marked the formal realisation that human
rights is a matter for international concern. One of the purposes for which the United
Nations was founded was to achieve international co-operation in promoting and encore
aging respect for human rights and for fundamental freedom for all without distinction as to
race, sex, language or religion.

The rights and freedom set out in the Universal Declaration have been articulated
more precisely in two separate international covenants: The covenant on Civil and Political
Rights 1966, which entered into force in March 1976, and the Covenant on Economic, Social
and Cultural Rights 1966, which entered in force in January 1976.