HUMAN RIGHTS IN INDIA
Introduction
Since the days of the Indus Valley Civilization, Indian culture has been the product of a conflation of different societies and persuasions that came into contact with the enormous Indian sub-continent over a veritably long stretch of time. Despite significant progress, India, the world’s largest republic, faces multitudinous challenges in icing these rights for all its citizens. This Article explores the current state of mortal rights in India, pressing both advancements and ongoing issues.
The Indian conception perceives the individual, the society and the macrocosm as an organic total. Everyone is a child of God and all fellow beings are related to one another and belong to a universal family. In this context, Mahatma Gandhi remarks, “I do not want to think in terms of the whole world. My patriotism includes the good of mankind in general. Therefore, my service to India includes the services of humanity.”1
Origin and Development of Human Rights in India
The origin of mortal rights in India can be traced back to ancient textbooks emphasizing justice and wealth. ultramodern mortal rights principles surfaced during the social period, told by leaders like Mahatma Gandhi. The relinquishment of the Indian Constitution in 1950 elevated abecedarian rights, drawing alleviation from transnational documents like the Universal Declaration of Human Rights. Post-independence, India’s commitment was corroborated through ratification of transnational covenants and corner judicial rulings. The Buddhist doctrine of non-violence in deed and thought says Nagendra Singh, “is a humanitarian doctrine par excellence, dating back to the third century B.C.”2~ Jainism too contained similar doctrines. Ashoka, the prophet Mohammed and Akhtar cannot be excluded from the genecology of human rights.3 Thus, India’s human rights framework blends ancient traditions with modern legal principles.
Constitutional and Legal framework
The Constitution of India, adopted in 1950, provides a robust foundation for human rights. It guarantees fundamental rights such as the right to equality, freedom of speech and expression, protection against discrimination, and the right to life and personal liberty. These rights are enforced by the judiciary, which has the power to strike down laws that violate constitutional provisions.
India is also a signatory to various international human rights treaties, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention on the Elimination of all forms of discrimination against women. These commitments obligate India to uphold and promote human rights standards globally.
Directive Principles of State Policy and Human Rights
Judicially non-enforceable rights in Part IV of the Constitution are primarily those of profitable and social character. still, Article 37 makes it clear that their judicial non-enforceability doesn’t weaken the duty of the State to apply them in making laws, since they’re nonetheless abecedarian in the governance of the county. Additionally, the innovative jurisprudence of the Supreme Court has now read into Article 21 (the right to life and personal liberty) many of these principles and made them enforceable.4
The duties of the State encompass securing a social order with justice, social, profitable and political, seeking to minimize and exclude all inequalities (Article 38), securing for” the citizens, men and women inversely” the right to an acceptable means of livelihood (Article 39( a)), distribution of power and( control of community coffers to subdue the common good( Article 3S( b)), forestallment of attention of wealth and means of product of the common detriment( Article 39( c)), securing equal pay for equal work for both men and women( Article 39( d)), precluding abuse of labour, including child labour( Article 39( e)), icing of child development( Article 39( f)), icing of equal justice and free legal aid( Article 39 A), association of village democracies (Article 40), provision of the right to work, education and public backing in case of 76 severance, old age sickness and disability( Article 41), provision of humane conditions of world( Article 42), living pay envelope and a decent standard of life( Article 43), securing participation of workers in the operation of diligence( Article 43A), provision of a invariant civil law for the whole country( Article 44), provision for early child care and education to children below the age of six times. The State shall endeavour to give early nonage care and education for all children until they complete the age of six times( Article 45), creation of educational and profitable interest of the weaker sections of the people and their protection from injustice and all forms of exploitation( Article 46), raising the standard of living, perfecting the position of nutrition and public health and prohibition of intoxicating drinks and of medicines( Article 47), scientific reorganization of an ma1 husbandry and husbandry( Article 48) conservation of terrain, timbers and wildlife( Article 48A), protection of monuments and effects of cultural or literal significance( Article 19), separation of bar from the superintendent( Article 50) and creation of transnational peace and security( Article 51).
Fundamental Duties and Political Rights under Human rights
Listed in Article 51A of the Indian Constitution, Fundamental Duties were introduced by the 42nd Amendment in 1976. They require citizens to respect the constitution, national symbols, and heritage, protect the environment, and promote harmony. These duties complement Fundamental Rights by fostering a sense of responsibility and ensuring that the exercise of rights does not infringe on the rights of others.
India is the largest representative republic in the world, grounded on universal adult franchise, furnishing every Indian of at least eighteen times of age the right to bounce. The Constitution provides for direct choices to the House of the People of the Central Parliament, i.e. the Lok Sabha and the State Provincial) Legislative Assemblies, formerly in every five times at the rearmost. The members of the State Houses do the choices to the Council of States, i.e. Rajya Sabha, which is the upper house of Parliament The tagged members of Parliament and State Legislative Assemblies handpick the President. Both the Houses of Parliament together handpick the Vice-President. The right to bounce, the right to dispute choices, and the conduct of choices are all governed 3y the Constitution (Part XV) as well as special laws like the Representation of the People Act, 1951. The Constitution provides for an independent Election Commission (Article 324), which has 78 in fact acquitted itself relatively admirably in the recent choices, both parochial as well as administrative, and set a docket for clean choices and elimination of the felonious- politician nexus.
Judiciary and Human Rights
Of the three organs of Government, the judiciary has become a vanguard of human rights in India. It performs this function mainly by innovative interpretation and application of the human rights provisions of the Constitution. The Supreme Court of India has in the case Ajay Hasia v. Khalid Mujib5 declared that it has a special responsibility, “to enlarge the range and meaning of the? fundamental rights and to advance the human rights jurisprudence.”
As has formerly been refocused out the Supreme Court of India and the State High Courts have broad powers under the Constitution to apply the abecedarian rights and they’ve freeheartedly interpreted these powers. The major benefactions of the bar to the mortal rights justice have been two-fold (a) the substantial expansion of the conception of mortal rights under Article 21 of the Constitution, and (b) the procedural invention of Public Interest Litigation.
Public Interest Litigation and Human Rights
Public Interest Litigation (PIL) allows individuals or groups to file petitions in courts on behalf of those whose rights are being violated but who may be unable to approach the court themselves. Introduced in the late 1970s and early 1980s, PILs have become a powerful tool for addressing human rights issues, promoting social justice, and ensuring government accountability, particularly benefiting marginalized and disadvantaged communities.
Public interest litigation is based on the principle that:
We cannot write off the weaker victims of injustices; the court’s door when they knock shall open … How can a bonded laborer working in a stone quarry ever know of moving the Supreme Court, asks Justice Krishna Iyer, a redoubtable public interest activist judge of the Supreme Court of the seventies. He explains that public interest litigation, chiefly, ii the realm of public law assists ‘all people concerned with governmental lawlessness, negligence of the administration, environmental pollution, public health, product safety, consumer protection and social exploitation being served by professionals like lawyers and public interest lobbies working for ‘reform of decision-making processes in Government and outside, affecting the public at large’. Public Interest Law offers new challenges and opportunities for the committed lawyers and social groups to serve the unequal segments of society better. This sensitive development is part of democracy (of the disabled) and of the movement to vindicate social justice through professions for the people. As a result, ‘judges with a vision have new universes to behold, and mansions of people’s justice to build.’ 6
Justice Krishna Iyer realizes that the public interest action is likely to be abused. Hence lie advised that the court should prima facie be satisfied that the information laid before it’s of such a nature that it calls for examination. By looking at the credentials of the snitch, the specific nature of the allegation, the graveness or soberness of the complaint, and any other applicable circumstances should also be deduced. It should also use its own wide investigative faculties as appropriate for the situation.7
Media and Human Rights
The media plays a pivotal role in promoting human rights by informing the public, exposing abuses, and holding authorities accountable. Freedom of the press is protected under the right to freedom of speech and expression in Article 19 of the Indian Constitution. An independent and free media is essential for a functioning democracy, icing transparency and advocating for the protection and advancements of human rights.
Disposing of a case of contempt of court against the editors of two newspapers, the Supreme Court remarked:
It is the duty of a true and responsible journalist to provide the people with accurate and impartial presentation of news and his views after dispassionate evaluation of facts and information received by him and to be published as a news item. The editor- of a newspaper or a journal, the court said, has a greater responsibility to guard against untruthful news and its publication. If the newspaper publishes what is improper, mischievously false or illegal and abuses its liberty, it must be punished by a court of law. While a free and healthy press is indispensable to the functioning of a true democracy, the court said, “the freedom of the press is subject to reasonable restraints”.8
Some other Measures of Protection of Human Rights under Indian Law:
1. The Protection of Civil Rights Act, 1955
2. Suppression of lmmori3l Traffic in Women and Girls Act, 1956
3. Maternity Benefit Act, ‘1961
4. Dowry Prohibition Act, 1961
5. Equal Remuneration Act, 1976
6. Bonded Labour (Abolition) Act, 1976
7. Employment of Children Act, 1938 (Amended in 1985)
8. The Child Labour (Prohibition and Regulation) Act, 1986
9. Juvenile Justice Act, 1986
10. Indecent Representation of Women (Prohibition) Act, 1986.
Ongoing Human Rights Issues
1. Caste-Based Discrimination: Despite legal safeguards, caste-based discrimination remains pervasive, particularly in rural areas. Dalits (formerly known as “untouchables”) and other lower-caste groups often face social ostracism, violence, and limited access to education and employment opportunities.
2. Violence Against Women: Gender-based violence, including domestic abuse, sexual harassment, and human trafficking, continues to be a severe problem. While legal frameworks like the Domestic Violence Act and stricter penalties for sexual assault exist, enforcement is often weak, and societal attitudes slow to change.
3. Freedom of Expression: There have been increasing concerns about the erosion of free speech in India. Journalists, activists, and critics of the government face intimidation, arrests, and violence. The misuse of sedition laws and the Information Technology Act to curb dissent has drawn international criticism.
4. Minority Rights: Religious minorities, particularly Muslims and Christians, have reported increased instances of discrimination and violence. Communal riots, lynching over alleged cow slaughter, and inflammatory rhetoric by some political leaders exacerbate tensions. The Citizenship Amendment Act (CAA) of 2019, which fast-tracks citizenship for non-Muslim refugees from neighboring countries, has been criticized for undermining the secular fabric of the nation.
5. Arbitrary Detention and Torture: Reports of arbitrary detention, custodial torture, and extrajudicial killings by law enforcement agencies are alarming. These practices are particularly prevalent in conflict-ridden areas such as Jammu and Kashmir, and regions affected by insurgency.
Conclusion
Human rights in India represent a complex and evolving landscape. While the country has made significant strides in enacting legal protections and empowering marginalized groups, multitudinous challenges remain. Addressing these issues requires a multifaceted approach, including stronger enforcement of existing laws, judicial reforms, and a societal shift towards lesser forbearance and inclusivity.
The future of human rights in India hinges on the collaborative sweats of the government, civil society, and citizens to uphold the principles of justice, equality, and human dignity enshrined in the Constitution. Only through sustained commitment and action can India ensure that human rights are a reality for all its people.
- Jawaharlal Nehru 420 ↩︎
- Nagendra Singh, Enforcement of Human Rights (Calcutta: Eastern Law House Pvt. Ltd., 1986) ↩︎
- Yogesh K. Tyagi, “Third World Response to Human Rights,” Indian Journal of International Law, Vo .21, No.1 (January -March 1981): 120-121
↩︎ - Justice Sujatha V. Man3har, “Judiciary and Human Rights,” Indian Journal of International Law (Vol. 36, Nc1.2, 1996): 39-54
↩︎ - A.1.R .1981 S.C. 487 at 493 ↩︎
- V.R. Krishna lyer, “Judiciary, Law, Justice and Litigation,” The Hindustan Times (1 2 February 1995): 13
↩︎ - V.R. Krishna lyer, The Hindustan Times: 13
↩︎ - “Don’t Misuse Press Freedom,” The Hindustan Times (20 September 1990): 12. The case about a false report condemnatory of the judiciary, involved the editors of the Tribune and the Punjab Kesari, two newspapers.
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