Human Rights Law, PHRA 1993, and Criminal Justice System Flashcards

Vocabulary practice flashcards covering International Human Rights Law, the Protection of Human Rights Act 1993, criminal justice provisions, relevant constitutional articles, landmark judicial precedents, and international treaties.

Magna Carta (1215)

A historical English document from 1215 considered a precursor to modern human rights by limiting arbitrary royal power.

Principle of Interdependence

A human rights principle stating that the enjoyment or fulfillment of one right often depends, wholly or in part, upon the fulfillment of others.

Universal Declaration of Human Rights (UDHR)

A foundational UN milestone document containing 30 articles covering a wide range of human rights, adopted by the UN General Assembly on December 10, 1948.

Article 5 of the UDHR

The article of the UDHR that provides the absolute prohibition stating that no one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.

Human Rights Committee

The treaty body of independent experts responsible for monitoring the implementation of the International Covenant on Civil and Political Rights (ICCPR).

Progressive Realization

Under Article 2(1) of ICESCR, the principle where states agree to take steps to the maximum of their available resources to achieve progressively the full realization of economic, social, and cultural rights.

Convention Against Torture (CAT)

A major international human rights treaty adopted in 1984 that India signed in 1997 but has not yet ratified.

Vishaka v. State of Rajasthan (1997)

A landmark Indian Supreme Court case where CEDAW norms were used to formulate guidelines against sexual harassment at the workplace.

Article 253 of the Indian Constitution

The constitutional provision that empowers Parliament to make laws for the whole or any part of India to implement any treaty, agreement, or international convention.

Principle of Non-refoulement

A fundamental principle of international law forbidding a country from returning asylum seekers or refugees to a place where they face persecution or serious threat.

Universal Periodic Review (UPR)

A unique UN Human Rights Council mechanism involving a periodic review of the human rights records of all 193 UN Member States.

Rights of Persons with Disabilities Act, 2016

Indian legislation enacted to give effect to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), emphasizing reasonable accommodation and inclusion.

Second-Generation Human Rights

A classification referring to Economic, Social, and Cultural rights, such as the right to work, health, education, and social security.

Third-Generation Human Rights

Collective or solidarity rights, including the rights to development, peace, and a healthy environment.

Non-derogable Rights

Rights that cannot be suspended even during a public emergency, such as Articles 20 and 21 under the Indian Constitution after the 44th Amendment.

Intersectionality

The study of how multiple identities or structures of disadvantage (such as gender, disability, race, or caste) interact to create unique disadvantages.

International Criminal Court (ICC)

An independent international court established by the 1998 Rome Statute to deal with the individual criminal responsibility for international crimes such as genocide, war crimes, and crimes against humanity.

Principle of Distinction (IHL)

A core International Humanitarian Law principle requiring parties to an armed conflict to distinguish between combatants and civilians/military objectives at all times.

UN Guiding Principles on Business and Human Rights

A business and human rights framework based on three pillars: State duty to Protect, Corporate responsibility to Respect, and access to Remedy.

Justice K.S. Puttaswamy v. Union of India (2017)

A landmark Supreme Court judgment that declared the Right to Privacy as an intrinsic part of the Right to Life and Personal Liberty under Article 21 of the Indian Constitution.

Principle of Complementarity

A jurisdictional principle under the Rome Statute meaning the ICC acts as a court of last resort, complementing national criminal courts only when they are unwilling or unable genuinely to prosecute.

M.K. Ranjitsinh v. Union of India (2024)

A contemporary Indian Supreme Court case linking climate change effects directly to constitutional rights under Articles 14 and 21.

Office of the High Commissioner for Human Rights (OHCHR)

The primary UN human rights office that provides technical assistance, monitoring, and reporting support to UN human rights mechanisms.

UN Human Rights Council

An intergovernmental UN body consisting of 47 UN Member States elected by the UN General Assembly to address human rights issues globally.

Vienna Declaration and Programme of Action (1993)

A major outcome of the 1993 World Conference on Human Rights that strongly reaffirmed the universality, indivisibility, and interdependence of all human rights.

Article 51(c) of the Indian Constitution

A Directive Principle of State Policy that directs the State to foster respect for international law and treaty obligations in relations among organized peoples.

Sunil Batra v. Delhi Administration

A landmark Supreme Court case protecting the fundamental rights, human dignity, and living conditions of prisoners in custody.

Convention on the Rights of the Child (CRC)

A core 1989 international human rights treaty built around the foundational principle of the best interests of the child, ratified by India in 1992.

Derogation

The formal temporary suspension or alteration of specific treaty or constitutional rights obligations during an officially proclaimed public emergency.

Limitation of Rights

An ordinary, built-in, lawful restriction imposed on the exercise of a right, such as reasonable restrictions on speech.

Protection of Human Rights Act, 1993 (PHRA)

Act No. 10 of 1994 providing for the constitution of the National Human Rights Commission, State Human Rights Commissions, and Human Rights Courts in India.

Human Rights (PHRA Statutory Definition)

Under Section 2 of PHRA 1993, rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution or embodied in International Covenants (ICCPR and ICESCR) and enforceable by courts in India.

Section 36(2) of PHRA

The key statutory limitation rule providing that the Human Rights Commission shall not inquire into any matter after the expiry of one year from the date on which the alleged violation was committed.

Suo Motu Cognizance

The authority of a commission or court to initiate inquiry or legal proceedings on its own motion without requiring a formal private complaint.

Section 13 of PHRA

The statutory provision granting the National Human Rights Commission powers comparable to a civil court during inquiries, such as summoning witnesses and requisitioning public records.

Section 19 of PHRA

The special statutory procedure specifying how the NHRC handles human rights violation allegations involving members of the armed forces.

Human Rights Court (Section 30 of PHRA)

A designated Court of Session specified for each district by the State Government with the concurrence of the High Court Chief Justice for the speedy trial of human rights offences.

Special Public Prosecutor (Section 31 of PHRA)

An advocate who has been in practice for not less than seven years, appointed by the State Government to conduct prosecutions in a Human Rights Court.

Nilabati Behera v. State of Orissa (1993)

A landmark Supreme Court ruling establishing public-law compensation remedies under Article 21 for custodial deaths.

D.K. Basu v. State of West Bengal (1997)

A landmark case laying down mandatory custodial safeguards, arrest memos, identification, and inspection rules to prevent torture and arbitrary arrest.

Joginder Kumar v. State of UP (1994)

A landmark criminal case establishing that the power to arrest does not equate to an automatic duty to arrest, requiring necessity and justification.

Hussainara Khatoon v. State of Bihar (1979)

A landmark Supreme Court case establishing that the right to a speedy trial and free legal aid for indigent undertrials are fundamental components of Article 21.

Bharatiya Nyaya Sanhita, 2023 (BNS)

The substantive criminal statute that replaced the Indian Penal Code, 1860, taking effect on 1 July 2024.

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

The criminal procedure statute that replaced the Code of Criminal Procedure, 1973, taking effect on 1 July 2024.

Bharatiya Sakshya Adhiniyam, 2023 (BSA)

The evidence legislation that replaced the Indian Evidence Act, 1872, taking effect on 1 July 2024.

Actus Reus

The physical element or guilty act/conduct/omission required to constitute a crime.

Mens Rea

The mental element or guilty mind required to establish criminal liability.

Article 20(1) of the Indian Constitution

The constitutional protection against ex post facto criminal laws and retrospective enhancement of penalties.

Article 20(2) of the Indian Constitution

The constitutional protection prohibiting double jeopardy, ensuring no person is prosecuted and punished for the same offence more than once.

Article 20(3) of the Indian Constitution

The constitutional protection against compelled self-incrimination, guaranteeing that no person accused of an offence shall be compelled to be a witness against himself.

Article 39A of the Indian Constitution

A Directive Principle requiring the State to secure equal justice and provide free legal aid to ensure opportunities for securing justice are not denied by economic disability.

Arnesh Kumar v. State of Bihar (2014)

A landmark case directing safeguards against routine, mechanical arrests and requiring magistrates to scrutinize detention requests strictly.

NALSA v. Union of India (2014)

A landmark judgment recognizing transgender persons as a 'third gender' and affirming their constitutional rights to equality, dignity, and gender identity.

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

A core 1979 UN treaty focusing on women's rights and substantive equality, ratified by India in 1993.

Convention on the Rights of Persons with Disabilities (CRPD)

A 2006 international treaty promoting accessibility, equality, non-discrimination, and reasonable accommodation for persons with disabilities, ratified by India in 2007.

International Court of Justice (ICJ)

The principal judicial organ of the United Nations based in Geneva/The Hague, dealing strictly with inter-State legal disputes and advisory opinions.

Pacta Sunt Servanda

A fundamental rule of international treaty law stating that treaties in force are binding upon the parties and must be performed by them in good faith.

Opinio Juris

The psychological element of customary international law representing the belief that a practice is carried out owing to a legal obligation or right.

Genocide (International Law Definition)

Specified acts committed with the explicit intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.

Bachan Singh v. State of Punjab (1980)

A landmark Supreme Court case affirming the constitutional validity of the death penalty but restricting its application strictly to the 'rarest of rare' cases.