Human Rights and Constitutional Writs - Class X

 Human Rights Day is observed every year on 10 December – the day the United Nations General Assembly adopted, in 1948, the Universal Declaration of Human Rights. It establishes the equal dignity and worth of every person. The date was chosen to honour the United Nations General Assembly's adoption and proclamation, on 10 December 1948, of the Universal Declaration of Human Rights (UDHR), the first global enunciation of human rights and one of the first major achievements of the new United Nations. Hence, Option A is correct. For the rest of the events, the dates are 24 October 1945, September 1961, 6–8 December 1985 respectively. Hence, these options are incorrect.

The Universal Declaration of Human Right includes civil, political rights and economic, social and cultural rights. These Rights are grouped under five broad categories. Civil Rights is one of them.
CIVIL RIGHTS:

• Everyone has the right to life, liberty and security of person.
• All are equal before the law and are entitled without any discrimination to equal protection of the law.
• Everyone shall have the right to recognition as a person before the law.
• Everyone has the right to freedom of movement and residence within the borders of each State.

The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly on 10 December 1948  at the Palais de Chaillot in Paris, France.

Article 4 of the Universal Declaration of Human Rights explicitly states that no one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Right which belong to every human is called human right. Following rights  are included in human right:-

• Right of life
• Right to food
• Right to clothing
• Right to shelter
• Right to education
• Right to health

UDHR stands for the Universal Declaration of Human Rights, which was adopted by the United Nations General Assembly in 1948.

Article 3 of the UDHR states that everyone has the right to life, liberty, and security of person.

Human rights are universal rights that belong to every person by virtue of being human, regardless of nationality, sex, or other status.

The National Human Rights Commission of India was established in 1993 under the statutory backing of the Protection of Human Rights Act enacted by the Parliament.

Amnesty International is an international organisation which works for Human Rights.

Fundamental rights are universal, which means that they are granted to all the Citizens of India. They are not absolute rights means they can be taken away in emergency in India.

The fundamental principle of the democracy upon which the democracy is founded is the political equality which provides for the participation of all people in the democratic process without any discrimination as to gender, race, caste, colour etc.

Anything that is issued under an authority is a writ. Orders, Warrants, directions etc. issued under authority are examples of writs. There are five major types of writs viz. habeas corpus, mandamus, prohibition, quo warranto and certiorari. Each of them has different meaning and different implications. In India, both Supreme Court and High Court have been empowered with Writ Jurisdiction. 

It means '' by what order.'' This writ prevents public officers from forcibly or wrongly holding a high public office.

It means 'to have the body.' The Supreme Court or the High Court can get the body of any person released if it has been unlawfully detained by any person or by the State. It is a safeguard for the personal freedom of a citizen. 

Habeas corpus is recourse in law whereby a person can report an unlawful detention or imprisonment before a court, usually through a prison official. The writ of habeas corpus is known as the great and efficacious writ in all manner of illegal confinement being a remedy available to the meanest against the mightiest. It summons with the force of a court order and it is addressed to the custodian and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner.

Rights are legal and moral entitlements or claims of a person over other fellow beings, over society and over the government. A claim cannot become a right unless it is recognized by society. Claims that are recognized by society as rightful form the basis of rights. With changing times, the scope and meaning of rights also changes. Claims need to be reasonable, recognized by society and sanctioned by law. Rights are the basic requirement to sustain a democracy.

Habeas Corpus literally means that you have the body. It is a prerogative writ through which a person can report unlawful detention or imprisonment to a court and request the court to bring the prisoner to the court and determine whether the detention is lawful.

Habeas Corpus literally means that you have the body. It is a prerogative writ through which a person can report unlawful detention or imprisonment to a court and request the court to bring the prisoner to the court and determine whether the detention is lawful. It can be issued by Supreme Court or the High Court against both public authorities as well as private individuals.

Mandamus is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. It writ can be issued against anyone, including the president or governor of the state, a private person or chief justice.

Mandamus literally means 'We Command'. It is a command issued by the Supreme Court or High Curt to public official asking him to perform his official duties that had failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose. 

Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ can be issued against anyone, including the president or governor of the state, a private person or chief justice.

Habeas Corpus literally means that you have the body. Through it a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, to bring the prisoner to court, to determine whether the detention is lawful. Thus it protects the person against unlawful detention and hence is considered a bulwark of individual liberty against arbitrary detention.

Quo Warranto literally means "by what warrant" . It is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold. The Writ of quo-warranto is used to prevent illegal assumption of any public office or usurpation of any public office by anybody.

 Quo Warranto literally means "by what warrant" . It is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold. The Writ of quo-warranto is used to prevent illegal assumption of any public office or usurpation of any public office by anybody.

Option D is the correct answer as all the conditions are necessary. The term Quo Warranto means “by what authority or warrant”. It is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.

The Literal meaning of 'Habeas Corpus' is "we may have the body'. It is an order issued by the court to a person who has illegally detained the other person directing him to produce such person in the court for examination of detention. The person is then freed if the detention is found to be illegal. Hence, this writ is the bulwark of Individual's liberty against illegal detention.

The Literal meaning of Quo - warranto is "by what authority". It is issued by the court to enquire into the authority of the person occupying public office. It determines the legality of the claim of a person holding office and if found illegal such person is removed from the official position. Hence it prevents illegal occupying of public office by any person.

The Literal meaning of 'Habeas Corpus' is "we may have the body'. It is an order issued by the court to a person who has illegally detained the other person directing him to produce such person in the court for examination of detention. The person is then freed if the detention is found to be illegal. Hence, this writ is the bulwark of Individual's liberty against illegal detention.

The Fundamental Rights given in Part III of the Constitution are enforceable in a court of law if a violation occurs. The Constitution empowers Supreme Court and High Court under articles 32 and 226 respectively to issue writs for the safeguarding of Fundamental Rights of the Citizens. The Supreme Court and High Court in the exercise of this power can issue five Writs viz., Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo-Warranto.

The Literal meaning of Mandamus is "we command". It is an order issued by the court to a public official, public body, government or any corporation asking them to perform a duty which they have failed or refused to perform or stopping them not to exercise their function if it goes beyond the control of law.

Habeas Corpus is a Latin term. The habeas corpus (which literally means to produce the body) is a court order to a person or agency holding someone in custody to deliver the imprisoned individual to the court issuing the order and to show a valid reason for that person's detention.

Mandamus is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. It is a command issued by the court to a public official asking him to perform his official duties that he had failed or refused to perform.

Habeas Corpus literally means that you have the body. It is a prerogative writ through which a person can report unlawful detention or imprisonment to a court and request the court to bring the prisoner to the court and determine whether the detention is lawful.

The Literal meaning of 'Habeas Corpus' is "we may have the body'. It is an order issued by the court to a person who has illegally detained the other person directing him to produce such person in the court for examination of detention. The person is then freed if the detention is found to be illegal. Hence, this writ is the bulwark of Individual's liberty against illegal detention.