ANALYSIS AND COMPARATIVE ASPECTS OF HUMAN RIGHTS AND FUNDAMENTAL RIGHTS VIOLATIONS IN INDIA
RAHUL KUMAR
LAW STUDENT
AT ASIAN LAW COLLEGE NOIDA
ABSTRACT:
Human rights play a crucial role in individual development, transcending geographical boundaries and citizenship. India’s Constitution guarantees fundamental rights, yet challenges such as forced labor, trafficking, and gender discrimination persist. The Protection of Human Rights Act, 1993, aims to prevent and penalize such violations. In contemporary political philosophy, human rights and social justice are often considered distinct domains. However, envisioning them as interconnected norms within political societies reveals a dynamic relationship. Human rights can serve as a powerful language for challenging exclusion and dismantling barriers to inclusion, aligning them more closely with the egalitarian principles of social justice. Rooted in the ideals of liberty, equality, and fraternity, human rights echo the spirit of the French Revolution and find expression in the Indian Constitution. Despite progress, human rights violations—particularly those affecting women—continue to persist. Strengthening accountability within institutions like the police and promoting transparency in bureaucracy are essential steps toward creating a more just and inclusive society.
Key points-Human Rights, Humanity, Issues, Legislation, Violations, Responsibility.
INTRODUCTION
Human rights are generally recognized as fundamental rights inherent in the humanity of every person. These rights cover civil, political, economic, social and cultural spheres and are enshrined in both international treaties and national law. The 1948 Universal Declaration of Human Rights (UDHR) is non-binding but serves as a foundational document defining comprehensive fundamental freedoms and rights.
However, due to differences in priorities among member states, the principles of the Universal Declaration of Human Rights were split into two separate treaties in 1966: the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights. Truth. Truth. (ICCPR). In modern times, the scope of human rights has expanded to include basic rights necessary for survival in modern society, such as forced labor, gender discrimination, and judicial detention. As a democracy and a signatory to various human rights conventions, India has taken important steps to protect the rights of its citizens. The Universal Declaration of Human Rights’ emphasis on justice (distributive and procedural) left an indelible mark on subsequent international and domestic human rights systems. Together with the ongoing efforts of human rights organizations, these documents highlight the intersection of human rights and social justice and strive for equality and justice in all aspects of society.
THE HISTORICAL ROOTS OF HUMAN RIGHTS:
- Human rights have deep historical roots, with their origins traced back to ancient Greece. The concept that human rights are inherent natural entitlements is vividly illustrated in Sophocles’ play “Antigone.” In this tragedy, Antigone defies King Creon’s order and buries her brother, who rebelled against the king. She justifies her actions by appealing to the ‘immutable, unwritten laws of heaven,’ which even the king cannot override.
- The world’s earliest known bill of human rights was discovered on a clay tablet dating back to the reign of Cyrus the Great (555-529 BC). Cyrus, the first king of ancient Persia, achieved a significant milestone for humanity. After conquering Babylon in 539 BC, he emancipated slaves, affirmed the right to choose one’s religion, and established racial equality. These groundbreaking decrees were inscribed on the famous ‘Cyrus Cylinder,’ written in the Akkadian language using cuneiform script. Today, the Cylinder is recognized as the world’s inaugural charter of human rights, translated into all six official languages of the United Nations. Its provisions resonate with the first four Articles of the Universal Declaration of Human Rights (UDHR).
- The spread of human rights extended from Babylon to India, Greece, and eventually Rome. In Rome, the concept of “natural law” emerged, acknowledging that people tended to follow certain inherent principles. The historical foundation of modern human rights jurisprudence rests on documents like the English Bill of Rights (1688), the American Declaration of Independence (1776), and the French Declaration of the Rights of Man (1789). The journey toward universality gained momentum with the adoption of the UDHR in 1948, emphasizing justice, dignity, and equality for all.”
THE EVOLUTION OF HUMAN RIGHTS IN INDIA
The evolution of human rights in India spans across different historical epochs, each characterized by unique socio-political contexts and developments. Ancient Hindu legal literature, embodied in texts like the “Dharmasastras” and “Arthasastras,” laid the groundwork for the concept of “Dharma,” emphasizing social order and individual duties within society. This period also witnessed the independence of the judiciary from the executive, ensuring the enforcement of laws rooted in Dharma.
- However, the advent of Muslim rule introduced discriminatory practices against Hindus, leading to separate laws favoring Muslims over Hindus. While some rulers like Akbar promoted tolerance, others like Aurangzeb reversed these policies, sparking periods of religious tension.
- British colonialism marked a tumultuous period in India’s human rights journey, characterized by resistance to foreign domination and demands for fundamental freedoms. Indians faced discrimination and oppression, leading to movements for self-government led by figures like Mahatma Gandhi.
- Legislative acts such as the Charter Act of 1813 and the Government of India Act, 1833, granted limited political rights to Indians, laying the groundwork for subsequent demands for fundamental rights. The Indian National Congress played a pivotal role in advocating for concrete human rights, as evidenced by the Constitution of India Bill 1895.
Despite challenges and setbacks, the struggle for human rights in British India paved the way for significant milestones, such as the Government of India Act, 1915, which aimed to ensure equality of opportunity and civil rights for Indians, marking progress in India’s quest for justice and equality.
UNIVERSAL DECLARATION AND INDIA
As a signatory to the Universal Declaration of Human Rights, India aligns several fundamental rights enshrined in Part III of the Constitution with the principles enshrined in the Universal Declaration of Human Rights. The Table are as Followed:
NO.
NAME OF RIGHTS
UNIVERSAL DECLARATION
INDIAN CONSTITUTION
1.
Equality before law
Article 7
Article 14
2.
Probation of discrimination
Article 7
Article 15 (1)
3.
Equality of opportunity
Article 21(2)
Article 16 (1)
4.
Freedom of speech and expression
Article 19
Article 19 (1)(a)
5.
freedom of peaceful assembly
Article 20(1)
Article 19 (1) (B)
6.
Protection in respect of conviction for offenses
Article 11 (2)
Article 20 (1)
7.
Protection of life and personal liberty
Article 3
Article 21
8.
Protection of slavery and forced labor
Article 4
Article 23
9.
Freedom of conscience and religion
Article 18
Article 25 (1)
10.
Remedy for enforcement of rights
Article 8
Article 32
11.
Right to Social Security
Article 22
Article 29 (1)
ECONOMIC SOCIAL AND CULTURAL RIGHTS IN UNIVERSAL DECLARATION OF HUMAN RIGHTS AND IN THE INDIAN CONSTITUTION.
No.
Name of the rights
Indian constitution
Universal Declaration
1.
Right to work, to just and Favourable condition of work.
Article 41
Article 23 (1)
2.
Right to equal pay for equal work
Article 39 (d)
Article 23 (2)
3.
Right to education
Article 21 (A), 41,45, and 51(A)(k)
Article 26 (1)
4.
Right to just and Favourable remuneration
Article 43
Article 23 (3)
5.
Right to rest and leisure
Article 43
Article 24
6.
Right of everyone to a standard of living adequate.
Article 39(a) and Article 47
Article 25 (1)
7.
Right to proper social order
Article 38
Article 28
Current status and situation of human rights in India and practices leading to human rights violations
- Human rights are meant to be universally applicable, regardless of gender. However, in contemporary society, these rights are frequently disregarded, especially affecting vulnerable groups such as children, women, and the impoverished. Despite being enshrined in constitutional laws or stemming from inherent human instincts, these rights are often violated. The Indian constitution safeguards several fundamental human rights, including equality, freedom, religious freedom, and the right to education and cultural expression.
Current status and situation of Human Rights in India and Rights violence:
According to the report of National Human Right Commission:
- Status of Women: The 2022 Human Rights Report highlights serious shortcomings in the fight against gender-based violence in India. It points out that investigations into various forms of violence against women, including domestic violence, sexual violence, workplace harassment, and forced marriage, are inefficient and lack accountability. Moreover, conviction rates in rape cases continue to be low, highlighting the persistence of these crimes and the reluctance of victims to report them. Additionally, issues such as dowry disputes, honor killings, and domestic violence are still common. HRW’s 2021 report further highlights systemic barriers to justice for survivors of sexual violence, including social stigma, fear of reprisal, police inaction, and limited access to legal and health services.
- In 2022, there were numerous violations of online freedoms, including internet access restrictions, content censorship, and government monitoring of digital media users. Additionally, threats to enforce criminal libel laws posed further risks to expression. While the Supreme Court suspended the enforcement of Section 124a of the Penal Code, which penalizes sedition, pending review, civil society organizations, activists, journalists, and academics continued to face harassment and restrictions. Parliament’s ban on certain words aimed to control opposition speeches. The Income Tax Department raided NGOs for alleged violations, and mass raids targeted the Popular Front of India, leading to arrests. Despite no charges, the Ministry of Home Affairs labeled PFI an “unlawful association” under the UAPA. The Supreme Court upheld provisions of the Prevention of Money Laundering Act, which has been used to suppress dissent.
- India’s efforts to combat human trafficking and bonded labor were scrutinized in the State Department’s 2023 Trafficking in Persons Report, which classified India as Tier 2. While acknowledging significant efforts, the report highlights shortcomings, including inadequate law enforcement and high acquittal rates for traffickers. Despite the constitutional ban, Freedom House noted a sharp rise in child labor during the COVID-19 lockdown, a widespread outbreak affecting millions of workers.
- In recent years, significant changes have occurred in Jammu and Kashmir (J&K), India’s former Muslim-majority state, now divided into two Union Territories. These changes, including the revocation of its autonomous status, have raised concerns about minority rights, according to the UN. The 2022 HRR highlights ongoing barriers to free reporting for journalists in J&K due to communication and movement restrictions. Additionally, human rights monitors have faced harassment by state agents. HRW’s World Report 2023 criticizes laws like the Public Safety Act and the Armed Forces (Special Powers) Act for allowing mass detentions and impunity for security forces, contributing to human rights abuses in the region
SOME MEASURES OR REMEDIES COULD BE TAKEN TO PREVENT HUMAN RIGHTS VIOLATIONS BY THE GOVERNMENT OF INDIA.
- Strengthening the legal framework: Introduce and strengthen laws that protect human rights and ensure accountability for violators.
- Civil servant training: We conduct human rights training and awareness programs to help public servants understand and respect basic rights.
- Strengthening civil society capacity: Support and partner with civil society organizations to monitor human rights violations and advocate for change.
- Guarantee Judicial Independence: Protect the independence of the judiciary to uphold the rule of law and ensure fair trials for all.
- Providing remedies: Ensure victims of human rights violations have access to effective remedies, including compensation, compensation and rehabilitation.
Case laws
In case of Maneka Gandhi v. Union of India (1978) expanded the scope of personal liberty under Article 21 of the Indian Constitution by asserting that the right to life and personal liberty included the right to travel abroad. The Supreme Court ruled that any law restricting personal freedom must be reasonable and fair.
In the case Vishaka v. State of Rajasthan (1997), dealt with sexual harassment in the workplace and led to the enactment of guidelines known as the Vishaka guidelines. The Supreme Court held that sexual harassment violates the fundamental rights to equality and dignity and established preventive and corrective measures to eliminate workplace harassment.
Keshavananda Bharati v. State of Kerala (1973): In this case, the Supreme Court established the principle of basic structure by taking the position that Parliament has the power to amend the Constitution but cannot change its basic structure. This decision serves to prevent arbitrary amendments that may violate fundamental rights.
Naz Foundation Vs. NCT Government of Delhi (2009): This landmark case decriminalized homosexual acts between consenting adults by repealing Section 377 of the Indian Penal Code to the extent it criminalized same-sex relationships. The Supreme Court ruled that the law violated the rights to equality, non-discrimination, and privacy.
In the case of Shah Bano Begum v. Union of India (1985): This case concerned the rights of Muslim women in matters of maintenance after divorce. The Supreme Court ruled that Muslim women are entitled to maintenance even after the iddat period (post-divorce waiting period) under Article 125 of the Code of Criminal Procedure, irrespective of personal law.
CONCLUSION:
The Indian Constitution stands as a formidable bastion of human rights, revered globally for its comprehensive framework. Part III of the Constitution, often termed the ‘Magna Carta’ of India, serves as the cornerstone of human rights protection, encompassing fundamental liberties and safeguards for all citizens. India’s judiciary assumes a pivotal role in upholding these rights, serving as a beacon of hope for the marginalized and oppressed. The courts, recognizing their duty as guardians of justice, extend their doors to all, including the disadvantaged, illiterate, and impoverished, ensuring access to justice for every citizen regardless of social or economic standing.
Through landmark judgments and progressive interpretations, the Indian judiciary has continually reaffirmed its commitment to human rights, addressing societal injustices and promoting equality before the law. This dedication has helped create a more inclusive and equitable society, where every individual’s dignity and rights are respected and protected.
Overall, the Indian Constitution’s robust human rights framework, coupled with the judiciary’s vigilant oversight, reinforces the nation’s commitment to upholding fundamental freedoms and ensuring justice for all its citizens, making India a beacon of hope for human rights globally.
References:-
Book referenced
- Constitutional law of India by Dr J N Pandey
- The constitution of India 1950.
- Human Rights by Agrawal H.O
- Universal Declaration of human rights 1948.
Websites
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