Upholding Human Rights: India’s Journey Towards Justice and Equality

03 Mar Upholding Human Rights: India’s Journey Towards Justice and Equality

This article covers “Daily Current Affairs”  and topic details of the Upholding Human Rights: India’s Journey Towards Justice and Equality

SYLLABUS MAPPING:

GS-02 –  Governance, Constitution, Polity: Upholding Human Rights: India’s Journey Towards Justice and Equality

FOR PRELIMS

NHRC, Human Rights Vs Fundamental Rights Vs Constitutional Rights

FOR MAINS

Role of NHRC in Protecting Human Rights. Challenges to Human Rights & ways to protect Human Rights.

The NHRC, in collaboration with the MEA, is hosting a six-day ITEC Executive Capacity Building Programme on human rights in New Delhi for officials from 14 Global South countries. The programme, inaugurated by Justice V. Ramasubramanian, aims to enhance collaboration, share experiences, and strengthen human rights protection mechanisms. It includes lectures, interactive sessions, and field visits. This initiative underscores India’s commitment to South-South cooperation and leadership in global human rights diplomacy.

What Are Human Rights?

Human rights are universal, inalienable, and indivisible rights that every individual is entitled to, regardless of nationality, ethnicity, gender, or socioeconomic status. These rights are outlined in the Universal Declaration of Human Rights (UDHR), 1948, adopted by the United Nations General Assembly.

The key features of human rights :
1. Universality – They apply to all individuals equally.
2. Inalienability – They cannot be taken away except in extreme situations.
3. Indivisibility – No right is superior to another.
4. Interdependence – All rights are interconnected.
Examples of Human Rights:
1. Right to life, liberty, and security (Article 3 of UDHR)
2. Freedom of speech and expression (Article 19 of UDHR)
3. Right to education (Article 26 of UDHR)
4. Freedom from torture and degrading treatment (Article 5 of UDHR)

Human Rights vs. Fundamental Rights 

Constitutional Provisions Related to Human Rights in India

The Indian Constitution incorporates several provisions to protect and promote human rights:
1. Fundamental Rights (Part III)
1. Article 14 – Right to Equality
2. Article 19 – Freedom of Speech and Expression
3. Article 21 – Right to Life and Personal Liberty
4. Article 23 & 24 – Protection against Human Trafficking and Child Labor
2. Directive Principles of State Policy (Part IV)
1. Article 39(a) – Equal Justice and Free Legal Aid
2. Article 41 – Right to Work, Education, and Public Assistance
3. Article 47 – Improvement of Public Health
3. Other Legal Provisions Supporting Human Rights
1. The Protection of Human Rights Act, 1993 – Establishes NHRC
2. Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989
3. Juvenile Justice Act, 2015 – Protection of children’s rights

Role of NHRC in Upholding Human Rights in India

The National Human Rights Commission (NHRC) was established in 1993 under the Protection of Human Rights Act. Its key functions include:
1. Investigation of Human Rights Violations – NHRC takes suo moto cognizance of cases involving police brutality, custodial deaths, and discrimination.
2. Advisory Role – NHRC provides recommendations to the government on policy reforms.
3. Judicial Interventions – The NHRC has intervened in landmark cases such as Manoj Sinha v. State of UP, where it addressed custodial torture.
4. Human Rights Awareness Programs – Conducts training and awareness campaigns.
5. Monitoring International Treaties – Ensures India’s compliance with global human rights conventions.
6. Protecting Vulnerable Groups – Focuses on the rights of women, children, and marginalized communities.
7. Annual and Special Reports – Submits findings to the government and Parliament.

Key Cases Handled by NHRC:

1. 2006 Salwa Judum Case – NHRC intervened in addressing human rights violations by state-backed militia in Chhattisgarh.
2. 2004 Manipur Encounter Killings – NHRC recommended action against extrajudicial killings by security forces.
3. 2019 Hyderabad Encounter Case – Examined police accountability in extrajudicial killings.
4. 2021 Farmers’ Protest Human Rights Concerns – Took cognizance of complaints regarding protestor treatment.

Contemporary Challenges to Human Rights

1. Custodial Violence & Extra-Judicial Killings: Cases like the Hyderabad Encounter (2019) and Manipur Fake Encounter Case (2012) highlight police excesses. NHRC reported 1,731 custodial deaths in 2019-20. The lack of police accountability mechanisms exacerbates the issue.
2. Freedom of Expression Restrictions: Sedition Law (Section 124A IPC) and Unlawful Activities (Prevention) Act (UAPA) are misused to curb dissent. Arrests of journalists and activists raise concerns about press freedom.
3. Discrimination Against Marginalized Communities: Caste-based violence continues, as seen in Hathras Case (2020). Discriminatory practices against Dalits, Adivasis, and religious minorities remain prevalent.
4. Violation of Women’s Rights: Nirbhaya Case (2012) exposed deep-rooted gender violence.Rising cases of domestic violence and workplace harassment.
5. Digital Surveillance & Privacy Concerns: The Pegasus spyware controversy raised concerns over digital privacy. Weak data protection laws put citizens’ privacy at risk.
6. Refugee Crisis & Statelessness: The Rohingya refugee issue poses humanitarian concerns. Citizenship debates, such as those related to NRC and CAA, create uncertainty.
7. Environmental and Indigenous Rights Violations: Large-scale deforestation and displacement due to industrial projects. Weak enforcement of environmental protection laws affects vulnerable communities.

Ways to Protect & Strengthen Human Rights

1. Strengthening Legal Framework: Reforms in sedition laws and UAPA to ensure fair trials. Implementation of police reforms to prevent custodial violence.
2. Judicial & Institutional Strengthening: Expanding NHRC’s powers and ensuring its recommendations are binding.Strengthening State Human Rights Commissions (SHRCs).
3. Awareness & Education: Introducing human rights education in schools.Media role in highlighting human rights violations.
4. Technology for Transparency: Use of CCTV in police stations to prevent custodial torture. Digital platforms for lodging human rights complaints.
5. Global Cooperation: Aligning India’s human rights policies with UN Sustainable Development Goals (SDGs). Strengthening partnerships with international human rights organizations.

Conclusion

Human rights are the cornerstone of a just and democratic society. While India has made significant strides in upholding human rights through constitutional provisions and institutions like NHRC, challenges persist. Strengthening legal mechanisms, ensuring institutional accountability, and fostering a culture of human rights awareness are crucial steps toward a more just society. By promoting and safeguarding human rights, India can continue to uphold its democratic ethos and global commitments.