Author: Parnob Bhattacharya, Galgotias University
1. Introduction
Define human rights and their universal importance.
Brief overview of political unrest in India (e.g., protests, emergency situations, communal tensions).
Significance of safeguarding human rights during instability.
2. Context: Political Unrest in India
Historical perspective on political unrest in India (e.g., Partition, Emergency of 1975, recent protests like CAA-NRC, farmers’ protests).
How political instability impacts civil liberties and basic freedoms.
Cases of human rights violations during such events.
3. Legal Protections for Citizens in India
Constitutional Safeguards
Fundamental Rights under the Indian Constitution (e.g., Article 19 – Freedom of Speech, Article 21 – Right to Life).
Limitations and exceptions during emergencies (e.g., Article 352 – National Emergency).
Judicial Oversight
Role of the Supreme Court and High Courts in protecting human rights (e.g., habeas corpus).
Landmark judgments on curbing misuse of power during unrest.
Legislation Relevant to Political Unrest
Laws like the Unlawful Activities (Prevention) Act (UAPA), Public Safety Acts, and concerns over misuse.
Protections under the Armed Forces (Special Powers) Act (AFSPA) and criticism over human rights abuses.
4. Human Rights in Times of Emergency or Martial Law
What martial law or states of emergency entail.
International guidelines on restrictions of rights during emergencies.
Indian experiences with states of emergency (e.g., Emergency of 1975).
Case studies: Impacts on press freedom, judicial independence, and citizen rights.
5. International Human Rights Laws and Enforcement
Overview of key international frameworks:
Universal Declaration of Human Rights (UDHR).
International Covenant on Civil and Political Rights (ICCPR).
International Covenant on Economic, Social, and Cultural Rights (ICESCR).
Role of United Nations and global organizations in monitoring compliance.
India’s obligations as a signatory to international human rights treaties.
Challenges in enforcing international human rights laws domestically.
6. Challenges to Human Rights During Political Unrest
Role of technology and surveillance in suppressing dissent.
Censorship and attacks on press freedom.
Disproportionate targeting of minorities, activists, and marginalized communities.
Militarization and its human rights implications (e.g., Kashmir).
7. Recommendations and Path Forward
Strengthening democratic institutions and checks and balances.
Ensuring accountability for violations during unrest.
Increased alignment with international standards on emergency measures.
Empowering civil society organizations and human rights watchdogs.
8. Conclusion
Reaffirmation of the need for balancing security and rights.
Emphasis on India’s democratic principles and global leadership in human rights.
ABSTRACT
Political unrest in India has often brought the question of human rights to the forefront, exposing the delicate balance between maintaining law and order and ensuring fundamental freedoms. This article examines the impact of political turmoil—marked by protests, communal tensions, and policy-driven dissent—on civil liberties, with a focus on freedom of speech, assembly, and access to justice. It evaluates the role of state machinery, including law enforcement and judiciary, in navigating these challenges while upholding democratic principles. The interplay between political polarization and human rights violations, particularly among marginalized groups, is analyzed, alongside the influence of social media as a tool for activism and misinformation. The study highlights the need for transparent governance, accountability, and a robust civil society to safeguard human rights during times of crisis. By reflecting on case studies, it underscores the urgency of prioritizing equity and inclusion in India’s democratic framework.
INTRODUCTION
Human rights are the foundation of a just and equitable society. They encompass freedoms and protections that are inherent to all individuals, regardless of nationality, ethnicity, or political affiliation. Human rights are the bedrock of any democratic society, safeguarding the dignity, freedom, and equality of every individual. These rights, enshrined in both national and international laws, ensure that governments remain accountable to their citizens, even in times of turmoil. However, political unrest—marked by protests, social movements, and at times, violent confrontations—poses significant challenges to the protection of these fundamental freedoms.
In India, a vibrant democracy with a diverse and politically active population, episodes of political instability have tested the resilience of human rights. From the Emergency of 1975 to recent movements like the protests against the Citizenship Amendment Act (CAA) and the farmers’ agitation, such periods often see a collision between state authority and citizen rights. Governments may invoke measures to maintain law and order, but these sometimes come at the expense of freedoms guaranteed by the Constitution, such as the rights to speech, assembly, and personal liberty.
This article examines the intricate relationship between human rights and political unrest in India. It delves into constitutional safeguards, international human rights frameworks, and the challenges of enforcement during instability. The discussion also highlights the need to balance security with liberty, emphasizing the critical role of democratic principles in upholding justice.
POLITICAL UNREST IN INDIA: HISTORICAL AND CONTEMPORARY CONTEXTS
India has witnessed numerous episodes of political unrest throughout its history. The trauma of Partition, the Emergency imposed by then Prime Minister Indira Gandhi in 1975, and recent events like protests against the Citizenship Amendment Act (CAA) and farm laws highlight the recurring tensions within its democratic framework. These situations often lead to clashes between citizens exercising their democratic rights and the state enforcing public order.
The 1975 Emergency serves as a cautionary tale. It saw mass arrests of opposition leaders, censorship of the press, and suspension of fundamental rights. The judicial system, often viewed as the protector of civil liberties, was largely paralyzed, with courts reluctant to challenge the government. This period underscored how quickly a democracy could slide into authoritarianism when institutional checks are weakened.
Similarly, in recent years, the clampdown on protests, prolonged internet shutdowns in regions like Kashmir, and alleged misuse of sedition and anti-terror laws have sparked debates about the balance between security and rights. The farmers’ protests and movements against the CAA further demonstrated the state’s heavy-handed approach in managing dissent, raising concerns about police brutality, arbitrary arrests, and the erosion of trust in democratic processes.
LEGAL PROTECTIONS FOR CITIZENS IN TIMES OF POLITICAL INSTABILITY
Constitutional Safeguards
The Indian Constitution is a robust document that enshrines fundamental rights for all citizens. It seeks to strike a balance between individual freedoms and the collective good of society.
Article 19 guarantees freedoms of speech, assembly, and movement—critical rights during peaceful protests. These provisions empower citizens to voice their opinions and hold the government accountable.
Article 21, which ensures the right to life and personal liberty, has been expansively interpreted by courts to include rights to privacy, dignity, and a fair trial. This article forms the bedrock of human rights jurisprudence in India.
However, these rights are not absolute. During a national emergency (as per Article 352), certain rights, such as those under Article 19, can be suspended. While these provisions aim to maintain order, they have historically been misused, leading to widespread human rights violations. For instance, during the 1975 Emergency, the suspension of fundamental rights enabled mass detentions and unchecked state power.
Judicial Oversight
The judiciary plays a pivotal role in upholding rights, particularly during unrest. Courts have intervened in several landmark cases to prevent state overreach. For instance:
The Supreme Court’s judgment in Maneka Gandhi v. Union of India broadened the scope of Article 21, emphasizing that even procedural laws must be just, fair, and reasonable.
In the ADM Jabalpur case, however, the court infamously upheld the government’s actions during the Emergency, a decision later criticized for its failure to protect rights. This episode highlights the judiciary’s critical responsibility during times of political turmoil.
Legislative Challenges
While laws like the UAPA aim to combat terrorism, they have faced criticism for their potential misuse against dissenters. The broad definitions and stringent provisions of such laws often result in the arbitrary targeting of activists and journalists. Similarly, the Armed Forces (Special Powers) Act (AFSPA), applicable in regions like Jammu & Kashmir and the Northeast, has drawn allegations of enabling human rights abuses under the guise of national security. Despite periodic reviews, the act continues to be a point of contention in India’s human rights discourse.
HUMAN RIGHTS DURING EMERGENCIES AND MARTIAL LAW
During emergencies, governments worldwide face the challenge of maintaining order without overstepping rights. International human rights norms, such as those in the ICCPR, emphasize that while certain rights may be restricted, core protections—like freedom from torture—are non-derogable.
India’s experience during the 1975 Emergency is instructive. The suspension of habeas corpus—a fundamental safeguard against illegal detention—led to unchecked state power. Press freedom, judicial independence, and civil liberties were severely curtailed, highlighting the dangers of unbridled executive authority.
Kashmir presents another case study. Following the abrogation of Article 370 in 2019, the region experienced prolonged internet shutdowns, restrictions on movement, and mass detentions. While the government justified these measures on security grounds, human rights organizations highlighted their disproportionate impact on the lives and livelihoods of ordinary citizens
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INTERNATIONAL HUMAN RIGHTS LAWS AND INDIA’S OBLIGATIONS
India is a signatory to several international human rights treaties, including the UDHR, ICCPR, and ICESCR. These frameworks provide guidelines for ensuring rights during political unrest and emergencies. For example:
The ICCPR permits derogations during emergencies but requires that measures be proportionate, necessary, and non-discriminatory.
The UDHR emphasizes the universality of rights, serving as a moral compass for nations during crises.
However, enforcing these obligations domestically remains a challenge. While India’s judiciary has often invoked international principles to interpret constitutional rights, geopolitical and domestic factors sometimes limit their direct application. For instance, international criticism over actions in Kashmir has been met with strong domestic resistance, reflecting tensions between global standards and national sovereignty.
CHALLENGES TO HUMAN RIGHTS DURING POLITICAL UNREST
Technological Suppression and Surveillance
Advances in technology have enabled extensive surveillance, often at the expense of privacy. Internet shutdowns, particularly in politically sensitive regions, have been criticized for stifling free expression and access to information. India leads globally in the number of internet shutdowns, with such measures frequently justified on grounds of public order but criticized for their impact on democracy.
Censorship and Press Freedom
India’s press often referred to as the fourth pillar of democracy, faces increasing challenges. Intimidation of journalists, restrictions on reportage, and allegations of biased narratives during unrest underscore the precarious state of press freedom. The World Press Freedom Index consistently highlights India’s declining ranking, reflecting systemic pressures on independent media.
Targeting of Marginalized Groups
Political instability disproportionately affects minorities, activists, and marginalized communities. For instance, the crackdown on dissenters during protests against the CAA highlighted systemic biases and the need for greater protections. Allegations of communal polarization during unrest further underscore the vulnerability of minority groups.
RECOMMENDATIONS FOR SAFEGUARDING HUMAN RIGHTS
Strengthening Institutions
Democratic institutions, including the judiciary, Election Commission, and human rights bodies, must be empowered to act independently and hold authorities accountable during unrest.
Ensuring Accountability
Mechanisms to investigate and redress human rights violations, such as independent inquiries, must be prioritized. This includes addressing excesses by law enforcement and the military.
Aligning with International Standards
India should adopt and enforce international norms on emergency measures, ensuring that restrictions are time-bound, transparent, and proportional. Periodic reviews of laws like the UAPA and AFSPA are essential to align them with global best practices.
Empowering Civil Society
Civil society organizations and human rights defenders play a vital role in monitoring abuses and advocating for victims. Their protection must be a policy priority. Government transparency and active engagement with such groups can
FAQS
1. What are human rights and why are they important during political unrest?
Human rights are the fundamental freedoms and protections inherent to all individuals, such as the right to life, liberty, and freedom of speech. During political unrest, these rights are crucial as they protect individuals from abuses of power and ensure that governments remain accountable to their citizens.
2. How does political unrest in India affect human rights?
Political unrest in India often leads to restrictions on freedom of speech, assembly, and movement. Instances such as internet shutdowns, arrests of activists, and misuse of laws like sedition or anti-terror laws highlight how civil liberties can be undermined during such periods.
3. What constitutional safeguards exist in India to protect human rights?
The Indian Constitution provides robust safeguards, including:
Article 19: Freedom of speech, assembly, and movement.
Article 21: Right to life and personal liberty.
During emergencies, some of these rights may be restricted, but the judiciary often plays a role in ensuring such measures are reasonable and fair.
4. How has India historically handled human rights during states of emergency?
During the 1975 Emergency, fundamental rights were suspended, leading to mass detentions, censorship, and unchecked state power. This period is a key example of the challenges to human rights during states of emergency in India.
5. What role does the judiciary play in protecting human rights during unrest?
The judiciary acts as a check on government overreach, interpreting constitutional rights and ensuring they are upheld. Landmark cases like Maneka Gandhi v. Union of India emphasized fair procedures, though some rulings, such as during the 1975 Emergency, have drawn criticism.
6. What are some controversial laws in India that impact human rights during unrest?
Laws like the Unlawful Activities (Prevention) Act (UAPA) and the Armed Forces (Special Powers) Act (AFSPA) have been criticized for enabling misuse against dissenters and marginalized communities, often leading to arbitrary arrests and alleged human rights violations.
7. How do international human rights laws apply to India?
India is a signatory to treaties like the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). These frameworks provide guidelines for safeguarding rights, even during emergencies. However, implementing these standards domestically can face challenges due to sovereignty and political factors.
8. What challenges do marginalized communities face during political unrest in India?
Marginalized groups, including minorities and activists, are often disproportionately targeted during unrest. Examples include communal polarization during protests and heightened surveillance or arrests of activists under broad legal provisions.
CONSLUSION
Human rights are the foundation of India’s democratic values, providing every citizen with the dignity, freedom, and protections necessary for a just society. However, periods of political unrest—whether protests, communal tensions, or emergency situations—pose significant challenges to safeguarding these rights. History has shown that when governments prioritize security over liberty without due safeguards, the consequences can be dire, as evidenced during the 1975 Emergency and more recent unrests like the protests against the Citizenship Amendment Act (CAA).
While India’s Constitution offers robust protections, including the right to freedom of speech (Article 19) and the right to life and liberty (Article 21), these rights can be curtailed during crises, often leading to misuse. Laws such as the Unlawful Activities (Prevention) Act (UAPA) and the Armed Forces (Special Powers) Act (AFSPA) have drawn criticism for enabling human rights violations under the guise of maintaining order. The judiciary has played a critical role in upholding rights, but its effectiveness during emergencies is sometimes limited by executive overreach.
To uphold human rights during political instability, India must strengthen its democratic institutions, ensure accountability for abuses, and align domestic laws with international human rights standards. Civil society organizations and independent media must be empowered to monitor violations and advocate for affected communities. Balancing security and liberty is a delicate yet essential task. By committing to its democratic principles and fostering transparency, India can reaffirm its role as a global leader in human rights, even in times of crisis.