CCSU LLB - Law of Human Rights - 2019 - Old Question Paper

LLB 6th Semester Examination, May 2019
Law of Human Rights
(K-6003)


Section A
Note: Attempt all questions. Each question carries 4 marks

1. What is the historical theory of rights regarding nature of human rights?
Ans: According to Historical Theory of Rights, the rights are the product of history. The rights are sourced from the ancient social customs which passed from generation to generation and acquired the status of natural law and natural rights. Human rights are rooted in these ancient natural law and natural rights.

 
2. United Nations convention on rights of the children
Ans: The United Nations Convention on the Rights of the Child (UNCRC) is a legally-binding international agreement by the UN signatory nations. This convention sets out the civil, political, economic, social and cultural rights of every child, irrespective of their race, religion, place of birth or abilities. The four core principle of this convention are:

• Non-Discrimination.
• Best interests of the children
• The right to survival and development.
• The views of the child.

 
3. What is the composition of NHRC (India)

Ans: Section 3(2) of the National Human Rights Proetection Act 1993 provides provisions for structure and composition of NHRC India. According to this section, structure and composition of the commission is as follows:

Chairperson : Person who has been the Chief Justice of India

Member 1: Any person who has been a supreme court judge

Member 2: Any person who has been Chief Justice of High Court

Member 3 and 4 : To be selected from eminent personalities having experience and expertise in the field of Human Rights.

Sections 3(3) provides that chairpersons of the following commissions are automatically members of the NHRC.

National commission for Minorites

National Commission for SC and ST

National Commission for Women

4. When was the Universal Declaration of Human Rights adopted?

Ans: Universal Declaration for Human Rights was adopted on 10th December 1948.

5. Highlight the difference between declaration and enforcement
Ans: Difference between declaration and enforcement

In a declaration, the members define and decide the processes to be followed to attain a certain decided goal. All the signatories of the declaration agree to comply with the declaration made by them.

Enforcement is the actual implementation of the declarations. Mere declaration of something does not automatically get enforced. The signatory countries have to adopt the declaration and make laws in their own territories to enforcement of the declarations.

Section B
Note: Attempt any two questions. Each question carries 10 marks

6. What do you mean by collective rights? Explain

7. What is the universal declaration of Human rights 1948? Is it a legal document accepted by all international law jurists? Have different legal constitutions of different nations - states adopted its provisions?

8. Comment on communications relating to gross violation of Human Rights.

Section C
Note: Attempt any three questions. Each question carries 20 marks

9. Discuss the structure, functions and powers of NHRC. What roles has it played in protecting Human Rights in India?

10. "Promoting respect for Human Rights is a core purpose of United Nations and defines it's identity as an organisation people around the world" comment

11. Explain the provisions regarding inquiry into the complaints and steps under inquiry under the protection of HR Act 1993

12. "The social, cultural and economical aspects of the human rights is inherent in the Directive Principles of State Policy of the Constitution" Explain

13. Human rights are inalienable. This means that these rights can not be taken away except in specific situations and according to due process of law.