LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


The expression human right is of recent origin. It denotes all those rights, which are inherent in human being irrespective of caste creed sex religion and nationality. Every individual (human being) is entitled to some basics rights without which we cannot live as human beings. It is very difficult to give precise meaning of the term human right. All these rights essential for the maintenance of human dignity, may be call human right. These are the rights which no one can be deprived without a grave affront to justice.



The origin of human rights can be traced back of the time of ancient Greeks. The facts that the human rights were recognized as a natural right of man is illustrated by Greeks play Antigone.  In this play sophiscales described that Antigone brother, while he was rebelling against the king was killed and his burial was prohibited by the king Creon. Against that order Antigone buried her brother. When she was arrested for violating the order she pleded that she had acted in accordance with the  ”IMMUTABLE”, unwritten laws  of  heaven which even king could not override.



At An International Level The Doctrine Of Gender Justice Is Widely Accepted. In The Constitution of India also, the equality of male and female genders is accepted. This equality means that no one shall be discriminated against only the ground of being a female the UNO CHARTER, the UNO declaration of the human rights the  International convention on Economics, social & cultural rights, The international convention on civil political rights, all accepts this principle. Article 14 of constitution of India has incorporated this principle and article 15 has also clearly prescribed that no person shall be discriminated against by the state only on the ground of religion sex race caste place of birth, not only that, but there is directive in the constitution to enact legislation in favor of women and children. It is prescribed in the covenant that women has a right to participate in the public activities without any discrimination. In sec 316 of code of criminal procedure, 1973 it is proposed to postpone the execution of pregnant women till the birth of child she carrying.


Regarding the human right of women, the general assembly has passed the following resolution namely;


1.     Discrimination (employment and occupation) convention general conference of international labour organization, 42nd session, 25th June 1958.


2.     Convention against discrimination in education, General conference of UNESCO 14th Dec 1960.


3.     Convention on suppression of the traffic in persons, general assembly resolution 317 2nd Dec 1957.


4.     Declaration on the protection of women and children in emergency armed conflict.


5.     Convention on elimination of all kinds of discrimination against women, 1979.


6.     Convention on nationality of married women, General assembly resolution, 29th Jan 1957.


The world conference on women human rights held in Vienna in 1993 to deliberate the issue of discrimination on the ground of sex. The world conference held in china in 1995. In that conference certain resolution were passed regarding equal status of women. At an international level, it is accepted that women’s rights are human rights.


Article 14 of constitution of India has accepted the right to equality. Therefore, all Human rights were conferred by the constitution of India on every person and available to women also. In order to achieve the object of Article 14, the Indian parliament has passed certain laws like Equal Remuneration Act, Maternity Benefit Act, Etc. Women’s are given certain concessions by the constitution and certain other enactments have also been enacted in this regard.


In spite of constitutional provisions of equality, women’s human rights are being violated every were in India. The birth of female child is unwelcome event in traditional Indian system. Right from the birth, there is discrimination in bring up of female child female are generally treated as inferior citizen in India. Because of discrimination right from women’s birth, Enactments and judicial pronouncement favor of women have failed to bring desired result. Only enactment & judicial pronouncement ca not bring about change there must be social environment supporting to it. Female children are continued to be brought up in the same traditional manner, there are very few chances of improvement in the condition of the women’s human right.


It is a common experience of working women to be harassed at there work places. Sexual harassment is a violation of human rights. Most of the cases of sexual harassment not reported to the police. So far there in only one notable case under section 309 of IPC. The Punjab Police Chief Mr. K.P.S. Gill Rupan deol Bajaj. Sexual harassment taken place to such an extent that some of the areas of Orissa, girls between 15-17 years are dedicated to temple“DEVDASIS” and the are sexually exploited. In a metropolitan cities Delhi, Mumbai, Chennai etc. School & college- going girls are molested. It is for this reason that buses and trains specially meant for ladies have been introduced in some of the cities like Mumbai, Kolkata, and Pune etc


Dowry death is common in some part of India. Every 7 minutes there is case of dowry death. In spite of the dowry prohibition Act, 1961, the increase in dowry death has continued unabated.


In Apparel Export Promotion Council, V.K.Chopra (AIR 1999 SC 625) Supreme Court found all facts of gender equality including prevention of sexual harassment in the fundamental rights guaranteed under our constitution. The court looked into the international documents- Convention on Elimination of all forms of Discrimination against Women, Beijing Declaration 1995, and Covenant on Economic, Social, and Cultural Rights.


The Supreme Court in Githa Hariharan vs. RBI (AIR 1999 SC 1149) relied upon UDHR, Convention on Elimination of all forms of Discrimination against Women, and the Beijing Declaration on the status of the women interpreted Section 6 (a) of the Hindu Minority & Guardianship Act 1956 & Section 19 (6) of The Guardians & Wards Act 1890 in such a way that father & mother get equal status as a guardians of a minor.


In another case Municipal Corporation of Delhi Vs Female Workers (Muster Roll) (AIR 2000 SC 1274) The Supreme Court extended the benefit of The Maternity Benefit Act 1961, The muster roll (daily wages) female employees of Delhi Municipal Corporation in this case the court directly incorporated the provision of article 11 of CEDAW.



The United Nations Organization has established two following agencies for the advancement of women in various fields


1)   The Commission on status of Women


2)   The Committee on Elimination of Discrimination against Women.




The human rights of women have been recognized under various international instruments and under municipals laws. There shall not be any discrimination on the ground of sex   therefore, for the promotion of the status of women and Committee on the elimination of discrimination against women is established. The Economic and Social Council on the recognition of these Commission and Committees has initiated a reporting system on implementation of various covenant protecting Human rights of Women.


"Loved reading this piece by Aashish Satpute.?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Tags :

Category Students, Other Articles by - Aashish Satpute.