Women Protective Laws and Constitutional Provisions

1. Women Protective Laws and Constitutional Provisions Dr. Mohanan B Pillai Professor & Head Dept. of Politics & International Studies Pondicherry University

2. Human Rights – Definition 1 Human Rights are those conditions of life which allow us to realise our full potential and to develop our qualities of intelligence and spirituality. Such an environment respects and protects the dignity of each person and rejects stereotypical views of individuals. ‘Human Rights’ is not an abstract concept for lawyers and philosophers – human rights affect the daily lives of every man, woman and child in the society.

3. Human Rights – Definition 2 Human Rights are freedoms such as life, liberty, security and other guarantees to which people as human have rights. They are generally understood as inalienable claims or entitlements against state or society held equally by all persons simply by virtue of the fact that they are human beings.

4. First Generation of Human Rights • Freedom of Expression • Freedom of arbitrary imprisonment . • Freedom of custodial violence • The Magna Carta (1215) in England • Petition of Rights (1627) in England • Bill of Rights (1688) in England • Declaration Rights of Man and Citizen (1789) adopted by French National Assembly • The Philadelphia Constitutional and Convention (1787) in the US These civil and political rights constitute the first generation of modern concept of human rights.

5. Second Generation of Human Rights The Russian Revolution under the Bolshevik slogan of “bread, land and all power to the Soviets” inspired the Leninist decree of Soviet Bill of Rights with its conspicuous primacy of economic and social rights over civil and political rights. These have inspired other contemporary socialist projects in state and nation building and contributed to the emergence of the second generation of human rights

6. Third Generation of Human Rights • Freedom from racial discrimination. • Freedom from hunger. • Freedom from disease and malnutrition • Development, environment, gender justice, minority rights, education, child and bonded labour, refugees, displaces persons and against all forms of torture. Contd…

7. Third Generation of Human Rights These concerns continue to be periodically incorporated within the ambit of global regime of human rights. They have also been expressed periodically within the UN system through many special covenants like: • Civil and Political Rights (1966) • Economic and Cultural Rights (1966) • Rights to Development (1986) • Against Torture (1984) • Against Gender Discrimination of Women (1979) • Right of the Child (1989)

8. Institutional Underpinnings of India’s Democracy & Related Structures – British Colonial Rule. • Parliamentary System • Federal Structure • Bureaucracy • Judiciary • Legal System • Civil and Criminal Procedure Code • The Penal Code of 1860 including the Preventive detention Provisions Originated from Defense of India Act of 1858. • The Police Code of 1861.

9. Fundamental Rights Part III of the Constitution contains a long list of Fundamental Rights. They are classified into six groups: • Rights to Equality (Articles 14-18) • Rights to Freedom (Articles 19-22) • Right against Exploitation (Articles 23-24) • Right to Freedom of Religion (Articles 25-28) • Cultural and Educational Rights (Articles 29-30) • Right to Constitutional Remedies (Articles 32-35)

10. Provisions of Human Rights - Indian Constitution (Selected)

12. Women Protective Laws and Constitutional Provisions

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