Skip to main content

Human Rights Violation

 Human Rights Violation 

Human rights violation is a violation of basic rights of a person which the all human legally have. Like the freedom of thought and movement which all human legally have. The Human Rights are the certain moral principle or right to a standard behavior and protected by law. The human rights are applicable everywhere and we also called are they are universal. The United Nations is the only multilateral government agency with universally accepted international jurisdiction. In United Nations there are various committees to deal with different kind of human right treaties. 

In India the major Human Right violation which is performed from the ancient time is the discrimination is based on the caste eventually there is prohibition of this type of activities in Indian constitution but it is been performed in India. The person who is belonging from the particularly community is not being allowed the basic legal rights like they didn’t have a basic right to live in a community. 

In several places of India we came across to see the violation of woman right is also a major problem like in UP and Bihar the woman is been beating by their own husband. Violence by men against women is a longstanding problem not only in India but also in the whole world. In various part of India the violence against women is need to examined and addressed. Violence is often part of the context of a case, or essential to understanding the dispute. It includes Murder, Dowry deaths, Sexual crime, Domestic violence, Acid attack, Abduction etc.  As a result of the ways in which legal categories are structured there is a tendency to see violence as relevant only to criminal and quasi –criminal law. 

The universal Declaration of Human Rights is a document rerated to Human Rights, drafted by different legal and cultural background from all region of the world, consist of more the 30 Article I will be discussing some of them in this Article. 

Like Article 1 talks about all human beings born free and equal dignity and rights. Article 2 was discuss about everyone is entitled to all the rights and freedom set forth in the declaration without distinction of any kind such as cast, birth, gender, colour, languages, birth, nationality, race etc. Article 3 discuss about the right to life, liberty, and security, of person. Article 4 is related to no one shall be held in slavery and slave trade shall be prohibited on all their forms. Article 5 is talks about the no one shall be subjected to torture or to cruel inhuman or degrading treatment or punishment, Article 6 talk about the right to recognition everywhere as a person before the law. Article 7 is related to all are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this discrimination in violation of this decoration and against any incitement to such discrimination. Article 8 shall be describe everyone is a right to an effective remedy by the competent national tribunal for act violating the fundamental rights granted him by the law.      



Comments

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree