Human Rights in a Comparative Perspective PYQ 2022
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Q1 Discuss Universal
Declaration of Human Rights.
Ans. The
Universal Declaration of Human Rights (UDHR) is a milestone document in the
history of human rights. It was adopted by the United Nations General Assembly
on December 10, 1948, as a response to the atrocities committed during World
War II. The UDHR is not a legally binding document but it sets out a common
standard of rights and freedoms that are to be universally protected.
The UDHR consists of 30 articles that articulate
various civil, political, economic, social, and cultural rights that are
inherent to all human beings. Some of the important articles of the UDHR are:
Article 2:
Everyone is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of any kind, such as race, color, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status.
Article 3:
Everyone has the right to life, liberty and security of person.
Article 5:
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
Article 18:
Everyone has the right to freedom of thought, conscience and religion.
Article 19:
Everyone has the right to freedom of opinion and expression.
Article 23:
Everyone has the right to work, to free choice of employment, to just and
favorable conditions of work and to protection against unemployment.
Article 26:
Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages.
The UDHR has been instrumental in the development of
international human rights law and has inspired many national and regional
human rights treaties and laws. It has also served as a moral and ethical
compass for governments, civil society organizations, and individuals around
the world.
However, the UDHR has also faced criticism for its
lack of enforceability and its failure to address certain issues such as
economic inequality and the rights of indigenous peoples. Nonetheless, it
remains a significant document in the history of human rights and continues to
inspire human rights activism around the world.
Q2. Comparatively discuss
human rights in the context of the constitutions of India and the of South
Africa.
Ans. Both
India and South Africa have constitutional provisions for human rights, with
some similarities and differences.
India’s Constitution has several fundamental rights
enshrined in Part III, including the right to equality, right to freedom, right
to life and liberty, right to freedom of religion, and right to constitutional
remedies. These rights are protected by the Supreme Court of India, which has
the power of judicial review to ensure their enforcement. In addition to the
fundamental rights, the Constitution also provides for the Directive Principles
of State Policy in Part IV, which are guidelines for the government to promote
the welfare of the people and establish a just society.
South Africa’s Constitution also has a Bill of
Rights, which includes several rights similar to India’s, such as the right to
equality, right to life, right to human dignity, and freedom of religion. The
Constitution also includes socio-economic rights, such as the right to housing,
health care, education, and social security. The Bill of Rights is enforced by
the Constitutional Court of South Africa, which is empowered to strike down
laws and government actions that violate the Constitution.
One major difference between the two constitutions
is that South Africa’s Constitution explicitly prohibits discrimination on the
basis of race, gender, and other grounds, whereas India’s Constitution only
prohibits discrimination on certain grounds, such as religion, caste, and sex.
Additionally, South Africa’s Constitution recognizes the rights of indigenous
communities and minorities, including the right to self-determination, while
India’s Constitution has been criticized for not adequately protecting the
rights of indigenous communities.
Overall, both India and South Africa have
constitutional provisions for human rights, but South Africa’s Constitution has
been praised for its progressive and inclusive approach to human rights, while
India’s Constitution has faced criticism for not fully protecting the rights of
marginalized communities.
Q3. What is the meaning of
censorship? Discuss the status and nature of censorship in China.
Ans. Censorship
refers to the suppression or prohibition of any parts of books, films, news,
etc. that are considered obscene, politically unacceptable, or a threat to
security. In China, censorship has been a longstanding practice, particularly
in the realm of media and the internet.
The Chinese government has a vast apparatus
dedicated to censoring all forms of media and communication, including social
media platforms like WeChat and Weibo, search engines like Baidu, and
video-sharing websites like Youku and Tudou. The primary objective of this
censorship is to maintain social stability, preserve the authority of the
Communist Party of China (CPC), and prevent the spread of information that
might challenge the government’s legitimacy or undermine its rule.
The censorship system in China is characterized by
several features. Firstly, it is highly centralized and controlled by the State
Administration of Press, Publication, Radio, Film and Television (SAPPRFT).
Secondly, the censorship guidelines are vaguely defined and subject to
interpretation, leading to inconsistencies in their application. Thirdly, the
system is constantly evolving, with new regulations and policies being
introduced in response to changing circumstances.
In recent years, the Chinese government has expanded
its censorship efforts to include not only domestic media but also foreign
media and social media platforms. The Great Firewall of China, a system of
internet filters and controls, blocks access to a wide range of websites,
including news outlets, social media platforms, and search engines. This has
been criticized as a violation of freedom of expression and access to
information.
Overall, censorship in China is a complex and
multi-faceted phenomenon that reflects the government’s desire to maintain
tight control over society and limit the flow of information that might
challenge its authority.
Q4. Analyse the challenges
of terrorism in contemporary times.
Ans. Terrorism
is the use of violence and intimidation in the pursuit of political aims. It is
a complex and challenging issue that affects countries all around the world. In
contemporary times, terrorism has become a major threat to global peace and
security, with numerous incidents of terror attacks being reported from
different parts of the world. The challenges of terrorism are multi-faceted and
require a comprehensive approach to effectively address them.
One of the major challenges of terrorism is the
difficulty in identifying and tracking down terrorists. Terrorist groups often
operate in secrecy and use sophisticated techniques to avoid detection by law
enforcement agencies. The use of the internet and social media has made it
easier for terrorist groups to spread their propaganda and recruit new members
without being detected.
Another challenge of terrorism is the increasing
complexity of the nature of the terrorist threat. Terrorist groups are no
longer confined to a particular region or country and operate on a global
scale. This makes it difficult for individual countries to address the problem
in isolation. International cooperation and coordination are essential in the
fight against terrorism.
The issue of terrorism also raises questions about
the balance between security and civil liberties. In the aftermath of a terror
attack, there is often a demand for stronger security measures and increased
surveillance. However, this can lead to a violation of individual rights and
freedoms, which can be a cause for concern.
Terrorism also poses a challenge to the economic
stability of countries. The impact of a terror attack on businesses and the
tourism industry can be significant and long-lasting. It can also have a ripple
effect on the global economy.
In conclusion, the challenges of terrorism are
complex and require a multifaceted approach to address them. It is essential to
address the root causes of terrorism, including poverty, inequality, and
political instability. A collaborative effort by the international community is
crucial to effectively tackle the problem of terrorism. It is also important to
strike a balance between security and civil liberties, as well as to ensure that
the economic impact of terrorism is effectively mitigated.
Q5. Do you agree that caste
and race create social, political and economic inequalitics?
Ans. Yes,
I agree that caste and race create social, political and economic inequalities.
Both caste and race are forms of social stratification that result in unequal
access to resources, opportunities, and power.
Caste is a form of social stratification that is
unique to India, where people are born into specific castes that determine
their social status, occupation, and even who they can marry. This system
creates social and economic inequalities by limiting access to education,
employment, and political power. People from lower castes are often
discriminated against and excluded from mainstream society, resulting in
limited opportunities for upward social mobility.
Similarly, race is a form of social stratification
that has been used to justify discrimination and exploitation of certain groups
of people. The legacy of slavery and colonialism has resulted in persistent
racial inequalities, where people of colour often face discrimination in
employment, housing, education, and healthcare. Racial profiling by law
enforcement and the justice system also contributes to the marginalization and
stigmatization of certain groups, further perpetuating social and economic
inequalities.
In conclusion, caste and race create deep-rooted
social, political and economic inequalities that can only be addressed through
sustained efforts to dismantle these systems of oppression. It is essential to
create a more inclusive and equitable society where everyone has equal access
to opportunities and resources, regardless of their caste or race.
Q6. What is Gender? Analyse
different aspects of Gender inequalities in India.
Ans. Gender refers to the social and cultural
expectations and roles associated with being male or female. It is distinct
from biological sex, which refers to the physical and genetic characteristics
that define male and female.
Gender inequality
refers to the unequal treatment and opportunities that exist for individuals
based on their gender identity. In India, there are many different aspects of
gender inequality that persist.
One significant aspect of gender inequality in India
is the low status of women in society. Women are often subjected to violence
and discrimination, and they have limited access to education, employment
opportunities, and political representation. The prevalence of dowry, female
infanticide, and child marriage are also issues that reflect the unequal
treatment of women.
Another aspect of gender inequality in India is the
gender pay gap. Women are often paid less than men for doing the same job, and
they are disproportionately represented in low-wage and informal sectors. This
pay gap is a reflection of the undervaluation of women’s labor and the lack of
economic opportunities available to them.
Gender inequality is also evident in the political
sphere. Women are underrepresented in political office, and their voices are
often marginalized in decision-making processes. This lack of representation
perpetuates the marginalization of women and reinforces gender inequality.
In addition to these aspects of gender inequality,
there are also many other forms of discrimination and oppression that impact
individuals based on their gender identity, such as the discrimination faced by
members of the LGBTQ+ community.
Overall, gender inequality in India is a complex
issue with many different aspects that need to be addressed in order to create
a more just and equitable society. It requires a comprehensive approach that
addresses social, cultural, economic, and political factors that perpetuate
gender inequality.
Q7. Define aboriginals /
adivasis and discuss their land rights in India and Australia.
Ans. Aboriginals
or Adivasis refer to the indigenous or native people of a particular
geographical region. In India, Adivasis are the original inhabitants of the
forest regions and hills of the country, and they make up about 8% of the
country’s population. In Australia, Aboriginals are the indigenous people who
lived on the continent for tens of thousands of years before the arrival of
European colonizers.
The issue of land rights for Adivasis in India and
Aboriginals in Australia is a complex and contentious one. In India, the
Adivasis have been living in forests for generations and have a strong
connection to their land, which is integral to their social, cultural, and
economic identity. However, with the increasing pace of development, there have
been several instances of Adivasi displacement due to the acquisition of their
land for mining, industrialization, and other projects.
In response, the Indian government has implemented
several policies to protect the land rights of Adivasis, such as the Panchayats
(Extension to Scheduled Areas) Act, 1996, which aims to empower the local
self-governments in Adivasi areas. The Forest Rights Act, 2006, is another
significant law that grants legal recognition to the traditional rights of
forest-dwelling communities, including Adivasis, over the forest land they have
been occupying for generations. Despite these policies, Adivasis continue to
face challenges in securing their land rights, particularly in areas where
there is a conflict of interest between Adivasis and the state or private
companies.
In Australia, Aboriginal land rights have been a
contentious issue since the arrival of Europeans in the 18th century. The
dispossession of Aboriginal land and displacement of the people from their
traditional territories has been a significant source of conflict between the
Aboriginal community and the Australian government. The Australian government’s
response to the issue of Aboriginal land rights has evolved over time, with
significant developments occurring in the latter half of the 20th century.
The Native Title Act of 1993 is a significant
legislation that recognizes the ongoing rights of Aboriginal people to their
land and provides a process for making land claims. The Act acknowledges that
Aboriginal people have a spiritual, social, and cultural connection to their
land and recognizes the existence of native title in Australia. However, there
have been criticisms that the process for making land claims is lengthy and
expensive, and that the Act does not go far enough in addressing the issue of
Aboriginal land rights.
In both India and Australia, the issue of land
rights for Adivasis/Aboriginals remains a contentious issue, with ongoing
debates about the nature and extent of the rights that should be granted to
these communities.
Q8 Write short notes on any
two of the following:
a Fundamental Rights in India
Ans. In
India, fundamental rights are a set of rights guaranteed by the Constitution of
India to all citizens of the country. These rights are essential for the
development and well-being of individuals, and they provide them with the
necessary protection against any form of discrimination or injustice.
The fundamental rights in India are enshrined in
Part III of the Constitution and include the following:
1. Right to Equality:
This includes the right to equality before the law, prohibition of discrimination
on the basis of religion, race, caste, sex, or place of birth, and the right to
equal opportunity in public employment.
2. Right to Freedom:
This includes the right to freedom of speech and expression, freedom of
assembly, freedom of association, freedom of movement, and the right to
practice any profession, occupation, trade, or business.
3. Right against
Exploitation: This includes the prohibition of all forms of
forced labor, child labor, and human trafficking.
4. Right to Freedom of Religion:
This includes the right to freedom of conscience and the right to freely
practice, profess, and propagate any religion.
5. Cultural and Educational
Rights: This includes the right to preserve and promote
one’s culture, language, and script, and the right to education.
6. Right to Constitutional
Remedies: This includes the right to approach the court for
the enforcement of fundamental rights.
These fundamental rights are not absolute and are
subject to certain limitations in the interest of public order, morality, and
the sovereignty and integrity of India. The Constitution also provides for the
suspension of fundamental rights during an emergency.
Although the Constitution guarantees fundamental
rights to all citizens of India, there are still many instances where these
rights are violated. Discrimination on the basis of caste, religion, and gender
is still prevalent in many parts of the country, and there are many cases of
human rights violations, particularly against marginalized communities such as
Dalits, Adivasis, and religious minorities.
Overall, the fundamental rights in India provide a
framework for protecting the rights and dignity of every individual, but there
is still a long way to go in ensuring that these rights are upheld in practice.
Q8 b Surveillance in China
Ans. In
China, surveillance is a pervasive phenomenon that is present in almost all
aspects of life. The government has invested heavily in building a
sophisticated system of surveillance, monitoring, and control. The system is
designed to keep tabs on citizens and to ensure that they are conforming to the
norms and values prescribed by the state.
One of the most well-known aspects of China’s
surveillance system is the use of facial recognition technology. The technology
is used extensively in public spaces, such as train stations, airports, and
shopping malls, to identify and track individuals. The government has also
implemented a social credit system that monitors citizens’ behavior and assigns
them a score based on their conformity to the state’s expectations.
In addition to these high-tech surveillance methods,
the Chinese government also employs a vast network of informants to monitor
citizens’ behavior. These informants are often recruited from within the
community and are tasked with reporting any suspicious or deviant behavior to
the authorities.
The Chinese government justifies its surveillance
system as necessary for maintaining social stability and preventing terrorism
and other threats to national security. However, human rights activists and
other critics argue that the system is a gross violation of citizens’ privacy
and civil liberties. The lack of transparency and accountability in the system
also raises concerns about abuse of power and potential discrimination against
marginalized groups.
Q8
c Protection and Promotion of Human Rights by institutionalisation
Ans. Institutionalization
of human rights protection and promotion refers to the establishment of
governmental and non-governmental organizations, laws, policies, and practices
that ensure the protection and promotion of human rights. It involves creating
systems and structures that uphold human rights standards and ensure that
violations are prevented or addressed.
In India, the Constitution provides for the
institutionalization of human rights protection through the establishment of
institutions such as the National Human Rights Commission (NHRC) and State
Human Rights Commissions (SHRCs). The NHRC is an independent statutory body
that is empowered to investigate complaints of human rights violations and
recommend remedial measures. The SHRCs perform similar functions at the state
level.
In addition to these bodies, India has also enacted
laws such as the Protection of Human Rights Act, 1993, which provides for the
protection of human rights and the establishment of human rights courts. The
Right to Information Act, 2005, also plays a significant role in ensuring
transparency and accountability, which are essential components of human rights
protection.
Similarly, in Australia, the institutionalization of
human rights protection involves the establishment of the Australian Human
Rights Commission (AHRC), which is an independent statutory body responsible
for promoting and protecting human rights. The AHRC investigates complaints of
discrimination and human rights violations, and also conducts research and
advocacy on human rights issues.
Australia has also ratified several international
human rights treaties, such as the International Covenant on Civil and
Political Rights (ICCPR) and the Convention on the Elimination of All Forms of
Racial Discrimination (CERD). These treaties are incorporated into domestic law
and provide additional protection for human rights.
However, despite these institutional frameworks,
both India and Australia still face challenges in protecting and promoting
human rights. There are instances of human rights violations, such as police
brutality, discrimination against marginalized groups, and violations of the
rights of indigenous peoples. Furthermore, there are also concerns about the
effectiveness and independence of some of these institutions.
In conclusion, institutionalization of human rights
protection and promotion is an essential aspect of ensuring that human rights
are respected, protected, and fulfilled. However, it is important to
continuously evaluate and strengthen these institutions to ensure their
effectiveness and independence in upholding human rights.
Q8 d Three generations of
Human Rights
Ans. The
concept of “Three Generations of Human Rights” refers to the
classification of human rights into three categories or generations. These
three generations are as follows:
1. First-generation human
rights: These are often referred to as civil and political
rights. They include the right to life, liberty, freedom of speech, freedom of
religion, and freedom of assembly. These rights are traditionally viewed as
negative rights, meaning that they require governments and other actors to
refrain from certain actions that could infringe upon them.
2. Second-generation human
rights: These are often referred to as economic, social,
and cultural rights. They include the right to education, healthcare, social
security, and adequate housing. These rights are viewed as positive rights,
meaning that they require governments and other actors to take affirmative
action to ensure that they are fulfilled.
3. Third-generation human
rights: These are often referred to as collective or
solidarity rights. They include the right to a clean environment, the right to
self-determination, the right to development, and the right to peace. These
rights are viewed as both positive and negative, as they require both
refraining from certain actions that could infringe upon them and taking
affirmative action to ensure that they are fulfilled.
The concept of the three generations of human rights
is often used to emphasize the interdependence and indivisibility of different
types of human rights. While some critics argue that the classification is
overly simplistic and does not account for the complexity and intersectionality
of different human rights issues, it remains a useful framework for discussing
and analyzing human rights from a global perspective.