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LL.M. H.R.D.E. Course Structure
LL.M. (HUMAN RIGHTS AND DUTIES EDUCATION) FIRST SEMESTER Core Paper: Human Rights and Duties Jurisprudence Optional Paper: Any one of the Optional
Papers in each Optional Groups given in Schedule
– A(i) 1. Group – I 2. Group – II 3. Group – III Core Paper: Research Methodology Optional Paper: Any one of the Optional
Papers in each Optional Groups given in Schedule
– A(i) 1. Group – IV 2. Group – V 3. Group – VI THIRD SEMESTER Core Paper: Human Rights and Duties Law in India Optional Paper: Any one of the Optional
Papers in each Optional Groups given in Schedule
– A(i) 1. Group – VII 2. Group – VIII 3. Group – IX Note: The topic for Dissertation will be assigned in the beginning of the session and the candidates are to start Dissertation work in this semester. FOURTH SEMESTER Core Paper: International Law of Human Rights 1. Dissertation 2. Viva-Voce
Optional Groups Group I : Optional Paper 1 : Human Duties, Responsibilities and its Effectuation Optional Paper 2 : International Obligation. Group II : Optional Paper 3 : Emerging Dimension of Human Rights and Duties Optional Paper 4 : Environment and Human Rights and Duties Group III : Optional Paper 5 : Human Rights and Criminal Justice System Optional Paper 6 : People’s Right of Self-Determination Group IV : Optional Paper 7 : International Humanitarian Law Optional Paper 8 : Socially & Economically Disadvantaged People and Human Rights and Duties Group V : Optional Paper 9 : International Refugee Law Optional Paper 10 : Minorities and Human Rights Group VI : Optional Paper 11 : Science & Technology and Human Rights and Duties Optional Paper 12 : Aged and Disabled and Human Rights and Duties Group VII : Optional Paper 13: Women and Human Rights and Duties Optional Paper 14: Societal Issues of Human Rights and Duties in India Group VIII : Optional Paper 15: Children and Human Rights and Duties Optional Paper 16: Social Movement and Human Rights in India Group IX : Optional Paper 17: International Law of Development Optional Paper 18: Working Class and Human Rights and Duties SCHEDULE - B COURSE OF STUDY LL.M. (HUMAN RIGHTS AND DUTIES EDUCATION) FIRST SEMESTER CORE PAPER - 1 Human Rights and Duties
Jurisprudence The course shall comprise of the following: 1. Concept of Rights (a) Meaning, Nature and Definition (b) Classification of Rights (c) Relationship between Rights and Duties 2. Concept of Human Rights (a) Historical Background (b) Theories: Traditional and Modern (c) Principles 3. Concept of Human Duties (a) Moral and Ethical (b) Social and Economic (c) Political and Cultural 4. Dialectics of Human Rights (a) Universal verses Cultural Relativism (b) Basic needs versus Value - Based (c) Individualism versus Collectivism 5. Emerging Concept of Human Rights (a) Human Rights : Human Sufferings (b) Human Rights Movements and Human Rights Markets (c) Emergence of an Alternative Paradigm :Trade Related Market Friendly Human Rights Optional Paper – 1: HUMAN
DUTIES, RESPOSIBILITIES AND ITS EFFECTUATION The Course shall be comprise of the following: 1. Concept of Human Duty; Values of Humanism-Justice, Liberty, Equality, Fraternity and Human Dignity. 2.
Evolution of Human Duties and Responsibilities- Ancient, Medieval
and Modern era. 3. Human Duties in India; Duties under different religions; Duties towards self (body and mind),family, society, nation and human being. 4. Fundamental Duties under the Indian Constitution; Analysis of Fundamental Duties and its justiciability. 5. Enforcement of Fundamental Duties; Judicial pronouncements; Justice Verma Committee Report; Other statutory provisions 6. Changing dimension of Fundamental Duties. Optional Paper – 2 : INTERNATIONAL OBLIGATION The Course shall be comprise of the following: 1. State Obligation through international law (a) Sources of International Law (b) Principle of Pacta Sunt Servanda (c) Human Rights as Jus Cogens 2. International Concern for Human Rights Protection (a) Anti-Slave Trade treaties, ILO and Labour welfare, Nazi and Fascist atrocities and totalitarianism (b) International Military Tribunals for trial of major war criminals 3. United Nations Concern for Human Rights Protection (a) State Obligation under UN Charter (b) Development of Normative order 4. Issues of International Accountability (a) State Sovereignty (Domestic Jurisdiction), Principle of Non-Intervention (b) Rule of Exhaustion of local remedies (c) Problems of cooperation between states : Extradition, Asylum Optional Paper – 3 : EMERGING
DIMENSION OF HUMAN RIGHTS AND DUTIES The course shall comprise of the following: 1. Inter-relativity of Human Rights and Duties; Need of spelling out Human Duties and Eternal Human values. 2. Diverse perspective of Human Rights; Evolution of rising aspirations and need of the people 3. Challenging problems in the areas of the rights of Women, Children, Disabled and the Aged people; Freedom from sexual discrimination and harassment. 4. Freedom from Torture; Anti-terrorist laws and human rights 5. Right to live with Human Dignity; Basic need of food, water, housing, health and Education. 6. Universal entitlement of the people to democracy as a legitimate form of government; Good governance. Optional Paper
– 4 : ENVIRONMENT AND HUMAN RIGHTS AND DUTIES The course shall comprise of the following: 1. International Perspective Stockholm Conference, Rio de Janeiro Conference, Johannesburg Conference 2. Constitutional Perspective (a) Fundamental Rights : Right to Clean Environment, Education and Compensation (b) Directive Principle of State Policy and Fundamental duties (c) Legislative Powers 3. Environment Pollution and Legal Order The Water Act, 1974 and the Air Act 1981 (a) Regulatory Authorities and their Powers & Functions (b) Pollution Control Measures (c) Remedies 4. Environment Protection and Legal Order (i) Environment (Protection) Act, 1986 (a) Regulatory authorities and their powers and functions (b) Environment Protection Measures (c) Remedies (ii) Environment Impact Assessment Notification, 1994 and Public Hearing Notification, 1997 5. Principles of Environment Protection : National Perspective (a) Polluter Pays Principles : Absolute Liability of Hazardous Industries (b) Precautionary Principle (c) Public Trust Doctrines (d) Sustainable to Development 6. (a) Industrial Disaster with special reference to the rights of victims of such disasters (b) Mega Projects with special reference to displacement and rehabilitation of the affected persons Optional Paper – 5 : Human
Rights and Criminal Justice System The course shall comprise of the following: 1. Historical, Philosophical and Social Perspective 2. Conceptual perspective: (a) Concept of crime and criminal liability (b) Offences involving Human Rights (c) Role of Criminal Justice System 3. Human Rights Problems: (a) Police Atrocities and Accountability (b) Violence against Women and Children (c) Communal Violence (d) Terrorism and Insurgency 4. Rights to Accused: (a) Ex post facto law (b) Double Jeopardy (c) Protection against Self Incrimination (d) Production before Magistrate (e) Fair Trial (f) Speedy Trial (g) Appeal 5. Rights of Inmates of Prison and Custodial Homes: (a) Protection and Reformative Homes (b) Prison 6. Rights to Legal Aid and Access to Justice 7. Compensation to victims of crime 8. Punishment and Human Rights 9. Administration of Criminal Justice: (a) Ordinary courts (b) Special Courts (c) District Human Rights Courts (d) Nyaya Panchyats 10. International Perspectives: (a) International Crimes and role of Interpol (b) International Cooperation in combating of Trans-national Organized crimes and International terrorism – Palermo Convention on Transnational Organized Crime, 2000 ; Convention Against Illicit Trafficking In Narcotics and Psychotropic Substances, 1988-90 (c) Extradition and Mutual Assistance in Criminal Proceedings (d) International Criminal Courts, Rome Statute, 1998 (e) International Norms on Administration of Criminal Justice Optional Paper – 6 : People’s
Right oF Self-Determination The course shall comprise of the following: 1. Conceptual Perspective: (a) Meaning of Self-Determination (b) External and Internal Self-Determination, New Dimensions and Emerging Debates 2. Origin and Development of the Concept: (a) Theories of Self-Governance : Kant, Locke, Rousseau and Marx; Proponents of Pluralism : Maciver and Laski, Mahatma Gandhi, Issues of Legitimacy of State and Forms of Governance 3. Historical Perspective: (a) Age of Colonial Empire : Nationalism and Statehood (b) Emergence of the Principle of Self-Determination : Mandate Territories, Trust Territories, Non-Self Governing States : Debate concerning Domestic Jurisdiction and the People’s right of Self-Determination 4. Self-Determination in International Relation: (a) Common Article 1 of the International Covenants on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights (b) UN Declaration on the Granting of Independence to Colonial Countries and Peoples (c) UN Declaration on the Principles of International Law Concerning Friendly Relations and Cooperation Among States in Accordance with the Charter of the United Nations (d) Charter of Economic Rights and Duties of States LL.M.
(HUMAN RIGHTS AND DUTIES EDUCATION) SECOND SEMESTER CORE PAPER - 2 Research
Methodology The course shall comprise of the following: Part – A : Study 1. Introduction Meaning and objectives of Research; kinds of Research ; Criteria of good Research; Problems of Researchers in India. 2. Formulation of the Research Problem 3. Research Methodology Importance of Research Methodology, Procedural guidelines regarding the Research Process; Defining the Research problem; Survey of the Literature; Working Hypothesis; Preparation of Research Design, Determination of Sample design collection of Data; Observation, Personal Interviews; Questionnaires & Schedules; Analysis of Data; Test of Hypothesis; Preparation of the Report. 4. Use of computer and Information Technology. Part – B Research Project Work Formulation of one Research Problem; Involvement of Research Methodology; Preparation of Research Project Work. Optional Paper – 7 :
INTERNATIONAL HUMANITARIAN LAW The course shall comprise of the following: 1. Introduction Nature; Basic Principles; Historical Development since 1899 2. Protection of Victim of War - Wounded; Sick; Shipwrecked; and Prisoners of War 3. Implementation of International Humanitarian Law 4. Role of the International Committee of the Red Cross in Implementation of International Humanitarian Law Optional Paper – 8 : Socially
& Economically Disadvantaged The course shall comprise of the following: 1. Philosophical and Social Perspectives (a) Role of Social Reformers : Gandhi, Ambedkar and Others (b) Socio-Economic thoughts of Marx and Amartya Sen (c) Identification of Disadvantaged People (d) Economic and Social Inequalities : Land Rights, Rural Indebtedness; Impact of Forest Law on Tribal Community; Bonded Labour; Issues of Human Dignity 2. Constitutional Protection : (a) Fundamental Rights and Directive Principles of State Policy (b) Special Protection under the Indian Constitution 3. Laws and Polices: (a) Protection of Civil Rights Act 1955; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Employment of Manual Scavenges and Construction of Dry Latrines (Prohibition) Act 1999. (b) Policies of Reservations, Special Drives and Schemes 4. Institutional Mechanisms (a) National Commissions, State Commissions (b) Non-Governmental Organizations (c) Information Media 5. International Norms Relating to Tribal and Other Indigenous Groups Optional Paper – 9 :
International Refugee Law The course shall comprise of the following: 1. Introduction: Determination of Refugee Status under the Refugee Convention of 1951 and Protocol of 1967 2. Human Rights of the Refugees 3. Solution to Refugee Problem: (a) Resettlement in Third Country (b) Local Integration (c) Voluntary or Forced Repatriation (d) Comprehensive Responses 4. Contemporary Developments in Refugee Law : (a) International Burden Sharing (b) International Safe Countries Burden (c) Temporary Protection (d) Environmental refugees (e) Safety Zones 5. Internally Displaced Persons : UN Guiding Principles on Internal Displacement 1998 6. Refugee Law and Policy in India Optional Paper
– 10 : Minorities and Human Rights and Duties The course shall comprise of the following: 1. Conceptual Perspective : (a) Historical, Philosophical and Social Perspectives (b)Minorities as a Socio-Economic-Religious-Linguistic Concept; Regional Minorities 2. Rights and Duties of Minorities in India : (a) Constitutional Framework (i) Fundamental rights; Directive Principles of State policy (ii) Special Provisions under Indian Constitution (b) Special Laws and Policies : (i) National Commission for Minorities Act 1992 (ii) Caste (Disabilities Removal) Act 1950 (iii) Policy of Secularism and polities of minorities 3. Institutional Mechanisms : (a) Non-Governmental Organizations (b) Information Media 4. International Protection of Minorities : (a) Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistics Minorities Act 1992; Racial Discrimination Convention 1965; (b) UN Sub-Commission on Minorities; Committees under the Racial discrimination Convention. Optional Paper
– 11 : Science & Technology and Human Rights and Duties The course shall comprise of the following: 1. Introduction: (a) Positive Role of Science & Technology (b) Negative role of Science & Technology 2. Rights to Human Dignity: (a) Developments in Bio-technology: Human Cloning, Foeticide, Abortion, In-Vitro Fertilization and Surrogate Parenthood; Organ Transplantation and Sale of Human Organs (b) Computer Crime, Pornography Online (c) Rights to Die in Dignity and Peace : Euthanasia 3. Freedom From Torture: New Torture Technologies Such As Electric Shock, Trauma-Inducing Drugs and Psychotropic Substances 4. Impact of Biotechnology: (a) Food Production and food Security (b) Food Management and Storage 5. Right to Health: (a) Improvement of Individual and Community Health and Hygiene (b) Experiments on Human Being Optional
Paper – 12 : Aged and Disabled and Human Rights The course shall comprise of the following: 1. Conceptual Perspective (a) Poverty, Illiteracy and breakdown of old social and family institutions (b) Impact of improvements in the health care on morality (c) Social taboos regarding the disabled 2. Protection of the Aged and the Disabled under the Indian Legal System (a)Constitutional
Framework : Fundamental Rights, Directive Principles and
(i) Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full (ii) Mental Health Act, 1987; - Central and State Authorities for Mental Health Services -
Establishment and Maintenance of Psychiatric Hospitals and Psychiatric -
Administration and Detention in Psychiatric Hospitals and Psychiatric
Nursing 3. International Norms for Protection of the Aged and the Disabled (a) UN Declaration on the Rights of the Disabled Persons, 1975 (b) Declaration on the Mentally retarded persons, 1971 (c) Second World Assembly on the Ageing 4. Vienna International Plan of Action on Ageing LL.M. (HUMAN
RIGHTS AND DUTIES EDUCATION) THIRD SEMESTER CORE PAPER – 3 HUMAN RIGHTS AND
DUTIES LAW IN INDIA The course shall comprise of the following: 1. Right to Equality; Special provisions for weaker sections of the society; Reservation policy under the Constitution. 2. Right to Freedom of Speech and Expression; Reasonable Restrictions; Freedom of Press; Right to Information. 3. Right to Life and Personal Liberty; New dimension; Judicial approach 4. Secularism and Freedom of Religion 5. Emerging regime of new human rights in India; Reading Directive Principles of State Policy and Fundamental Duties into Fundamental Rights 6. Implementation and Enforcement Mechanism; Remedies provided by the judiciary; National Human Rights Commission - Powers and Functions. 7. Fundamental Duties : Article 51-A; Concept of Duty; Need of Fundamental Duties; Enforcement and Effectuation of Fundamental Duties. Optional Paper
– 13 : Women and Human Rights and Duties The course shall comprise of the following: 1. Status of Women in contemporary Indian Society: (a) Poverty, illiteracy, lack of independence, oppressions social customs and gender justice. (b) Violence against and abuse of women in public and private domains; Domestic violence, sexual harassment. 2. International Norms for protection of Women. (a) UN convention on the Elimination of all forms of Discrimination against Women (b) Convention on the Nationality of Married Women 3. Political Rights of Women Convention on the Political Rights of Women (i) Universal suffrage (ii) Equal Right to Vote (iii) Equal Right to be Elected (iv) Equal Right to hold Public Office 4. Constitution of India and the Status of Women (a) Equality provisions in Fundamental rights and Directive Principles (b) Special provisions for the protection of women Article 15(3), Article 39(d) & (e), Article 42, Articles 243-D & 243-T 5. Special Laws for Protection of Women (a) Prevention of Immoral Traffic Act, 1956 (b) Indecent Representation of Women (Prohibition) Act, 1986
(c) Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition
of Sex (d) Medical Termination of Pregnancy Act, 1971 (e) Maternity Benefit Act, 1961 (f) Equal Remuneration Act, 1976 (g) Dowry Prohibition Act, 1961
(h) Provisions Relating to Women Specially under IPC : Rape, Dowry
Death, Optional
Paper – 14 :
SOCIETAL ISSUES OF HUMAN RIGHTS IN INDIA The course shall comprise of the following: 1. Concept and Approaches (a) Societal problems and human rights (b) Theoretical Approaches 2. Social Problems: (a) Problems of hierarchy : scheduled castes, scheduled tribes, minorities (b) Population explosion (c) Casteism 3. Economic Issues (a) Poverty and Unemployment (b) Corruption, Consumer rights (c) Sustainable Development 4. Health Problems Negligence, Mismanagement, Lack of access to public health care, Environmental degradation Optional Paper – 15 : Children
and Human Rights and Duties The course shall comprise of the following: 1. International Norms for Protection of the Child (a) UN Declaration of the Rights of the Child 1959 (b) UN Convention on the Rights of the Child 1989 2. Indian Constitution and the Protection Child (a) Fundamental Rights and Directive Principles of State Policy (b) Government of India’s National Policy for Children, 1974 3. Protection Against Economic Exploitation: (a) ILO Convention on Restriction and Prohibition on Child Labour including ILO Convention on Child Labour, 1999 (b) Child Labour (Protection and Regulation), Act, 1986. 4. Protection Against Sexual Exploitation (a) Child Prostitution (b) Prevention from abduction, sale and Immoral Trafficking. 5. Juvenile Justice System : (a) Juvenile Justice (Care and Protection of Children) Act, 2000. (b) UN Standard Minimum Rules for the Administration of Juvenile (The Beijing Rules) 1985
Optional Paper – 16 :
SOCIAL MOVEMENTS AND HUMAN RIGHTS AND
DUTIES The course shall comprise of the following: 1. Conceptual Perspective (a) Concept of Social Movement (b) Types of Social Movement (c) Ideology, Organization (d) Mobilization Leadership 2. Reform Movements and Human Rights (a) Brahmo Samaj and Arya Samaj Movement (b) Dalit Movement (c) Feminist Movement 3. Political Movement and Human Rights (a) Freedom Movement (b) Peasant Movement (c) Trade Union Movement (d) Student Unrest 4. Ecological Movement (a) Chipko Movement (b) Narmada Bachao Movement Optional Paper – 17 :
INTERNATIONAL LAW OF Development The course shall comprise of the following: 1. Conceptual Perspective (a) Meaning, Nature and Concept of Development (b) Sources of International Law of Development (c) Theories of Development 2. International Trade and Development: (a) From ITO to WTO (b) Role of Unfair Terms of Trade in Human Rights Violation 3. Trade Related Aspects of Human Rights (a) Debate on the Social Clause (b) Trade Related Sanctions under the Multilateral System (c) Human Rights Standards and International Trade 4. Right to Development: (a) Perspective on Third Generation of Human Rights (b) UN Declaration on the Rights to Development 1986 (c) Vision of the NIEO Optional Paper –
18 : Working Class and Human Rights and Duties The course shall comprise of the following: 1. Conceptual Issues (a) Definition; Classification (b) Working Class Movement (c) From Laissez Faire to Welfare State (d) Privatization to Globalization 2. Status of Working Class: Causal Workers, Contract Labour, Bonded Labour, Agricultural Labour, Migrant Workers 3. Human Rights of the Workers 4. Labour Welfare Problems : (a) Health Hazards : Accidents, Occupational Diseases (b) Social Security (c) Collective Bargaining (d) Worker’s Participation in Management (e) Impact of Technological Developments 5. International Standards LL.M. (HUMAN RIGHTS AND DUTIES EDUCATION) FOURTH SEMESTER CORE
PAPER – 4 International Law of Human Rights The course shall comprise of the following: 1. International Concern: Protection of Individual in International Law; League of Nations; War Crime Trials 2. Human Rights and the United Nations Charter: (a) Normative and Institutional Framework of the UN (b) Role of the permanent organs of the UN, Human Rights Commissions, UN High Commissioner for Human Rights 3. Universal Declaration on Human Rights: (a) History of the Declaration (b) Structure of the Declaration (c) Legal Significance 4. International Covenants: ICCPR and ICESCR (a) Nature and Characteristic (b) Optional Protocols 5. Regional Instruments (a) European Convention on Human Rights (b) American Convention on Human Rights (c) African Charter on Human and People’s Rights (d) Asia and Human Rights
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