HUMAN RIGHTS IN INDIA: A JOURNEY THROUGH INTERNATIONAL TREATIES, LEGAL FRAMEWORKS, AND CONTEMPORARY VIOLATIONS BY - DURGA SRIRAM SAI SIDDARTHA
"HUMAN
RIGHTS IN INDIA: A JOURNEY THROUGH INTERNATIONAL TREATIES, LEGAL FRAMEWORKS,
AND CONTEMPORARY VIOLATIONS"
AUTHORED BY - DURGA SRIRAM SAI
SIDDARTHA
Abstract
Human rights refer to the fundamental
rights that are inherent to all individuals. It is not confined to a particular
set of people or a particular class of people.
Human rights represent a collection of standards that dictate how
individuals and groups should be treated by both state and non-state entities,
grounded in ethical principles that society deems essential for a dignified existence.
These standards are embedded within both national and international legal
frameworks, which outline the processes and mechanisms for ensuring
accountability among those responsible and for offering remedies to individuals
who claim to have suffered from human rights abuses. Though India is part of many
international treaties for the protection of human rights but there were many
human right violations that were happening in India. So this article focuses on
the origin of the protection of human rights and treaties that India is part of
and the violations that happened in recent times as per the report
Introduction
Human rights are fundamental
entitlements that belong to every individual, regardless of their nationality,
gender, language, or any other distinguishing factors. These rights are fundamental
to every human being and are both inalienable and universal. The concept of
universality in human rights serves as the foundation of international human
rights law. This principle was initially highlighted in the Universal
Declaration of Human Rights in 1948 and has been reaffirmed in various
international human rights treaties, declarations, and resolutions since then.
It is now broadly recognized that states have the responsibility to promote and
safeguard the human rights and fundamental freedoms of their citizens.
Universal human rights are often
codified and protected by law through various instruments, including customary
international law. In order to guarantee the advancement and defence of human
rights, governments are required by international human rights legislation to
either take particular measures or abstain from particular practices.
International human rights
legislation has developed since 1945 as a result of numerous international human
rights treaties and other legal documents. Additionally, regional instruments
have been created to address specific human rights issues pertinent to
particular areas, offering tailored mechanisms for protection.
International human rights law is
primarily supported by international treaties and customary law; however,
additional instruments like declarations, guidelines established at the
international level also play a significant role in enhancing its
interpretation, application International human rights law created the
compulsion on the state to protect the rights of people. States assume obligations under international law to uphold, and
safeguard by ratifying international treaties. The States must avoid
interfering with or limiting the enjoyment of human rights.
By ratifying international human
rights treaties, Governments commit to implementing domestic laws and measures
that align with their treaty obligations. In instances where domestic legal
systems do not adequately address human rights violations, there are mechanisms
and procedures for individual complaints or communications available at both
regional and international levels to guarantee that international human rights
standards are upheld, enacted, and enforced within the domestic context.
Intenational
Treaties That Safeguard Human Rights
UDHR
(Universal Declaration of Human Rights)[1]
The Universal Declaration of Human
Rights (UDHR) serves as a global framework for promoting freedom and equality,
safeguarding the rights of every individual across the globe. This landmark
document marked the first consensus among nations on the fundamental freedoms
and rights that warrant universal protection, enabling individuals to live with
freedom, equality, and dignity. Adopted by the newly formed United Nations on
December 10, 1948, the UDHR was a direct response to the "barbarous acts
which outraged the conscience of mankind" during World War II. The adoption of the document highlighted the
significance of human rights as fundamental to freedom, justice, and peace. The
process of drafting the Universal Declaration of Human Rights began in 1946,
with a committee composed of representatives from a wide range of nations,
including the United States and China.. This committee was later expanded to
incorporate representatives from Australia, Chile, France, the Soviet Union,
and the United Kingdom, enriching the document with insights from various
regions and their unique religious, political, and cultural backgrounds. The
UDHR underwent thorough discussions among all members of the UN Commission on
Human Rights before being officially adopted by the General Assembly in 1948.
The Declaration enumerates 30 rights and freedoms inherent to all individuals,
which cannot be revoked These rights continue to serve as the foundation of international human
rights law. Currently, the UDHR is a living document and is recognized as the
most translated text globally. A total of 193 countries are parties of the
UDHR. India signed the UDHR on January 1, 1942.
International
Convention on the Elimination of All Forms of Racial Discrimination (ICERD)[2]
The International Convention on the
Elimination of All Forms of Racial Discrimination explicitly defines and
denounces racial discrimination, obligating state parties to amend their
national laws and policies that foster or sustain such discrimination. This
Convention is considered one of the most significant UN instruments, as it
seeks to fulfill a core objective of the United Nations: to promote and uphold
universal respect for human rights and fundamental freedoms for everyone,
irrespective of race, or religion. As the first human rights treaty to
implement an international monitoring framework, one of the Convention's
primary goals is to advance racial equality, enabling diverse racial, ethnic,
and national groups to benefit from equal social development opportunities.
Additionally, the Convention acknowledges that specific racial or ethnic groups
may require special protection or assistance through targeted measures to
achieve sufficient development. It stipulates that these measures should not be
deemed as racial discrimination, provided they are discontinued once their
intended goals have been met. Key provisions also mandate state parties to
enact laws that criminalize and penalize the spread of ideologies rooted in
racial superiority or hatred, incitement to racial discrimination, and violent
acts against individuals of different races or ethnic origins, as well as to
provide support for such activities. the framework of the Convention reflects the design of
the Universal Declaration of Human Rights, the International Covenant on Civil
and Political Rights, and the International Covenant on Economic and Social
Rights., Social and Cultural Rights, comprising a preamble and twenty-five
articles organized into three sections. Part I (Articles 1–7) requires parties
to work towards the eradication of all forms of racial discrimination and to
foster understanding among all races. the
Convention establishes a clear obligation for parties to eliminate racial
segregation and the crime of apartheid within their respective jurisdictions
(Article 3). Additionally, parties must criminalize the incitement of racial
hatred (Article 4), provide judicial remedies for instances of racial
discrimination (Article 6), and participate in public education initiatives
aimed at fostering understanding and tolerance (Article 7).
Part II (Articles 8–16) outlines the
procedures for reporting and monitoring the implementation of the Convention by
the parties involved. It establishes the Committee on the Elimination of Racial
Discrimination, granting it the authority to issue general recommendations to
the UN General Assembly. Additionally, it introduces a mechanism for resolving
disputes between parties (Articles 11–13) and permits parties to acknowledge
the Committee's jurisdiction to address individual complaints regarding
violations of the rights safeguarded by the Convention (Article 14).
Part III (Articles 17–25) addresses
the processes of ratification, the commencement of the Convention, and its
amendments. There are Signatories 86 and 175 Parties. India ratified the ICERD
on 3 December 1968. India became part of it in 1968
International
Covenant on Civil and Political Rights (ICCPR), 1966[3]
The International Covenant on Civil
and Political Rights (ICCPR) is a multilateral agreement that obligates
countries to uphold the civil and political rights of individuals. These rights include the right to life, the
freedom of religion, the freedom of expression, and the right to due process
and a fair trial. The Covenant was adopted by the United Nations General
Assembly through a resolution on December 16, 1966, and it became effective on
March 23, 1976, after receiving its thirty-fifth ratification or accession. As
of June 2024, there are 174 parties to the Covenant, along with six signatories
that have yet to ratify, including notable countries such as the People's
Republic of China and Cuba; North Korea remains the only nation that has
attempted to withdraw from the agreement. The ICCPR is regarded as a
foundational text in the realm of international law and human rights, forming a
crucial part of the International Bill of Human Rights, which also includes the
International Covenant on Economic, Social and Cultural Rights (ICESCR) and the
Universal Declaration of Human Rights (UDHR). The United Nations Human Rights
Committee oversees compliance with the ICCPR by examining periodic reports
submitted by state parties regarding the implementation of the rights outlined
in the Covenant. States are required to submit their reports one year after
joining the Covenant and subsequently whenever requested by the Committee,
typically every four years. The Committee usually convenes at the UN Office in
Geneva, Switzerland, and holds three sessions annually. India became part of it
in 1979
International
Covenant on Economic, Social and Cultural Rights (ICESCR)[4]
The International
Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral
agreement established by the United Nations General Assembly on December 16,
1966, through Resolution 2200A (XXI), and it became effective on January 3,
1976. This treaty obligates its signatories to promote and ensure economic,
social, and cultural rights (ESCR) for all individuals, including those
residing in Non-Self-Governing and Trust Territories. The rights encompassed by
the Covenant include labour rights, the right to health, the right to
education, and the right to a sufficient standard of living. As of February
2024, there are 172 parties to the Covenant, with an additional four countries,
including the United States, having signed but not yet ratified it. The
International Covenant on Economic, Social, and Cultural Rights (ICESCR),
together with its Optional Protocol, is a key component of the International
Bill of Human Rights. This framework also encompasses the Universal Declaration
of Human Rights (UDHR) and the International Covenant on Civil and Political
Rights (ICCPR), including its first and second Optional Protocols. The UN
Committee on Economic, Social and Cultural Rights is responsible for monitoring
the implementation of the Covenant. India part of it in 1979
Convention
on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979[5]
The Convention on the Elimination of
All Forms of Discrimination against Women (CEDAW), adopted by the UN General
Assembly in 1979, is often viewed as a global charter of rights for women.
Comprising a preamble and 30 articles, it delineates the various forms of
discrimination against women and establishes a framework for national
initiatives aimed at eradicating such discrimination. The Convention defines discrimination against women as
"...any differentiation, exclusion, or limitation based on gender that
aims to impair or negate the acknowledgment and enjoyment of rights or exercise
by women, regardless of their marital status, of human rights and fundamental
freedoms on an equal basis with men in political, economic, social, cultural,
civil, or any other domain." By ratifying the Convention, States pledge to
implement a range of actions to eliminate discrimination against women in all
its forms, including: - Integrating the principle of gender equality into their
legal frameworks, abolishing discriminatory laws, and enacting appropriate
legislation to prohibit discrimination against women; - Establishing tribunals
and other public institutions to provide effective protection for women against
discrimination; and - Ensuring the eradication of all discriminatory practices
against women by individuals, organizations, or enterprises. The Convention
serves as a foundation for achieving gender equality by guaranteeing women's
equal access to and opportunities in political and public life—encompassing the
right to vote and run for office—as well as in education, health, and
employment. States parties commit to taking all necessary measures, including
legislative actions and temporary special measures, to ensure that women can
fully enjoy all their human rights and fundamental freedoms. Notably, the
Convention is the only human rights treaty that explicitly recognizes women's
reproductive rights and addresses cultural and traditional influences that
shape gender roles and family dynamics. It affirms women's rights to. India
became part of it in 1993
Committee
on the Elimination of Racial Discrimination (CERD)[6]
The Committee on the Elimination of
Racial Discrimination (CERD) serves as a group of independent experts tasked
with overseeing the adherence to the International Convention on the
Elimination of All Forms of Racial Discrimination (ICERD) by its member states.
Each state party is required to submit periodic reports to the CERD detailing
the implementation of the rights outlined in the Convention. Initially, states
must report one year after joining the Convention, followed by subsequent
reports every two years. The Committee reviews each submission and provides the
state party with its recommendations and concerns through “concluding
observations The Committee comprises 18 independent experts, elected for
four-year terms by the state parties. Elections for nine of these members occur
biennially, ensuring a balance between continuity and change within the
Committee's composition. he primary
functions of the CERD encompass the following: Reviewing the periodic reports
submitted by States regarding their implementation of the obligations
undertaken upon ratifying the Convention. CERD evaluates each report and
communicates its concerns and recommendations to the State party through
"concluding observations." Addressing and evaluating individual
complaints, referred to as "communications," from individuals
alleging violations of their Convention rights by a State party. Assessing
specific complaints lodged by one State party against another for
non-compliance with the obligations established under the Convention. Issuing
general recommendations and comments. Reporting its activities to the General
Assembly. India became part of it in 1968
These are some of the treaties and
bodies that safeguard the human rights of the individual and mass of people
Origin
of Protection for human rights concept in India
The protection of human rights originated
from ancient times when we can see the scripts of the dharmasastra and dharma
sutras. The core idea revolves around
Dharma, which primarily emphasizes the importance of social order. The
underlying principle is "Dharma," regarded as the highest value that
unites rulers and their subjects, as well as men and women. Human rights
acquire significance solely in the presence of an autonomous judiciary capable
of upholding these rights. And not only these there are many rules from
different religions that gave importance about the protection of human rights. A new chapter in the history of the Mughal
Empire in India, particularly under the reign of Akbar, marked significant
advancements in human rights due to his policy of 'Universal Reconciliation and
Tolerance. The contemporary framework of human rights law can be traced back to
India during the period of British colonial rule. As the British governed
India, opposition to foreign domination emerged through calls for essential
freedoms and the civil and political rights of the populace. Indians faced
humiliation and discrimination under British authority. The struggle for
independence, coupled with the severe repressive tactics employed by the
British, fueled the pursuit of civil liberties and fundamental rights. The "Home Rule Document" created
by the Indian National Congress laid the foundation for a constitution that
ensures fundamental human rights for all citizens, including freedom of
expression, the sanctity of one's home, the right to property, and equality under
the law. And the Constituent Assembly integrated the principles of rights
established and endorsed by the General Assembly in the Universal Declaration
of Human Rights into the Constitution of India. Additionally, on December 10,
1948, during the drafting of the Constitution, the General Assembly proclaimed
and adopted the Universal Declaration of Human Rights, which undoubtedly had a
significant impact on the formulation of India's Constitution. The Constitution of the Republic of India,
which took effect on January 26, 1950, comprises 395 Articles and 8 Schedules,
making it one of the most comprehensive fundamental laws ever established. The
Preamble asserts that India is a Sovereign, Socialist, Secular, and Democratic
Republic. The term 'democratic' signifies that the Government derives its power
from the people's will, fostering a sense of equality among all individuals,
regardless of religion, language, or gender. Furthermore, the Preamble commits
to ensuring justice—social, economic, and political—along with liberty of
thought, expression, belief, faith, and worship. It emphasizes equality of
status and opportunity, as well as fraternity, thereby upholding the dignity of
each individual and promoting the unity and integrity of the nation for all its
citizens. Article 14 of the Indian
Constitution establishes the fundamental principle of equality before the law
for all individuals. Article 15 explicitly prohibits the State from
discriminating against any citizen based on religion, race, caste, sex, or
place of birth, and it ensures that no citizen faces restrictions in accessing
public spaces, including wells and tanks. Article 16 guarantees equal
opportunity for all citizens in public employment. Article 17 abolishes
untouchability and designates its practice as a punishable offense under the
law. Furthermore, Articles 15 and 16 empower the State to implement special
provisions aimed at advancing socially and educationally disadvantaged groups,
specifically those recognized as Scheduled Castes and Scheduled Tribes, who
require targeted support for their development. Article 18 eliminates all
non-military and non-academic titles. The right to freedom, as enshrined in
Article 19, includes various freedoms such as speech and expression, peaceful
assembly without arms, the formation of associations or unions, free movement
throughout India, the right to reside anywhere, and the freedom to engage in
any profession, trade, or business. Article 20 provides protections for
individuals concerning criminal convictions, including safeguards against ex
post facto laws. Article 21, which is central to the fundamental rights
framework in the Indian Constitution, states that no individual shall be
deprived of their life or personal liberty except through a procedure established
by law. The National Human Rights
Commission of India (NHRC) is a statutory entity established on October 12,
1993,. Its legal foundation was solidified by the Protection of Human Rights
Act, 1993 (PHRA). The NHRC's mandate encompasses the safeguarding and
advancement of human rights, which the act defines as "rights pertaining
to life, liberty, equality, and the dignity of the individual, as guaranteed by
the Constitution or enshrined in the International Covenants and enforceable by
Indian courts." The National Human
Rights Commission (NHRC) has the authority to investigate complaints regarding
human rights violations in India, either on its own initiative or upon
receiving a petition. It is empowered to intervene in any judicial proceedings
that involve allegations of human rights infringements. The NHRC can conduct
visits to any prison or institution managed by state governments to assess the
living conditions of inmates and can provide recommendations to the relevant
authorities based on its findings. Additionally, the NHRC is tasked with
reviewing constitutional provisions that protect human rights and can propose
necessary corrective measures. It also encourages research in the field of
human rights and promotes awareness and education through various media across
different sectors of society. The NHRC holds the power to recommend appropriate
actions to both Central and State Governments to prevent human rights
violations in India. Furthermore, the President of India receives an annual
report from the NHRC, which is presented to both Houses of Parliament.
World
report 2024
World report will be given by the
human rights watch organization. In the report of 2024 it produced different
areas where human rights violations happened some of them are Jammu and Kashmir
Indian authorities have persistently
imposed limitations on free expression, peaceful assembly, and various other
rights in Jammu and Kashmir. Throughout the year, there were ongoing reports of
extrajudicial killings carried out by security forces. Critics and advocates
for human rights encountered arrests and searches based on unfounded terrorism
claims. On March 22, Khurram Parvez, a well-known Kashmiri human rights
activist who had been in detention since November 2021 on terrorism charges,
was further accused of financing terrorism under the Unlawful Activities
(Prevention) Act (UAPA). Additionally, on March 20, Irfan Mehraj, a journalist
previously affiliated with Parvez’s human rights organization, was arrested in
connection with the same case. UN human rights experts have consistently urged
for Parvez’s release and have denounced the application of the UAPA against
civil society and human rights advocates.
Lack of
Accountability for Security Force Misconduct.
Allegations of torture and
extrajudicial killings continued to emerge, with the National Human Rights
Commission documenting 126 deaths in police custody, 1,673 deaths in judicial
custody, and 55 reported extrajudicial killings during the first nine months of
2023.
The Indian government has rejected a
request to prosecute soldiers implicated in the deaths of six coal miners in
the Mon district of Nagaland state in December 2021. In June 2022, state police
brought charges against 30 soldiers, including a major, following findings from
a special investigation team that indicated the military had shot the miners, the
intention to kill was evident. However, the central government refused to
provide the required approval for prosecution, as stipulated by the
colonial-era Armed Forces Special Powers Act (AFSPA) for civilian legal cases.
Communal violence
On May 3, clashes broke out in the
northeastern state of Manipur between the predominantly Meitei community and
the minority Kuki Zo group. By November, the violence had resulted in over 200
fatalities, the displacement of tens of thousands, and the destruction of
numerous homes and churches. In response to the unrest, authorities imposed an
internet blackout in the region. Prime Minister Modi addressed the situation
nearly three months later, following the release of a video on July 20 that
depicted a Meitei mob assaulting and parading two Kuki women on May 4.
Women's rights protection
Indian authorities postponed the
inquiry into claims of sexual abuse involving Brij Bhushan Sharan Singh, a
member of parliament from the ruling BJP and president of the Wrestling
Federation of India, despite ongoing protests from athletes lasting several
weeks. In April, a total of six women and one child lodged complaints of sexual
abuse against Singh with the police. It was only after the complainants
submitted a petition to the Supreme Court that the police commenced their investigation
Gender Identity
In October, the Supreme Court chose
not to legalize same-sex marriages, opting instead to accept the government's
proposal to establish a panel that would evaluate the possibility of extending
specific marriage-related benefits to same-sex couples.
Refugee Rights
On July 24, law enforcement in Uttar
Pradesh apprehended 74 Rohingya refugees, comprising women and children, for
violating immigration regulations due to the absence of valid documentation.
Earlier, on July 18, a large group of Rohingya refugees in Jammu staged a
protest against their prolonged detention, which included a hunger strike. In
response, Indian authorities deployed tear gas and resorted to physical force. Tragically,
two days following this event, a Rohingya infant reportedly succumbed to
complications arising from exposure to tear gas.
These are some of the areas where the
report raises concerns about the violations of human rights.
Conclusion
Safeguarding human rights transcends
a mere ethical duty; it serves as a foundational element for establishing
equitable, just, and fair societies. Upholding the intrinsic dignity and
equality of every individual is vital for fostering global peace, stability,
and prosperity. Although notable advancements have been achieved through
international agreements, domestic legislation, and grassroots movements,
persistent challenges such as addressing discrimination, protecting freedom of
expression, and defending at-risk populations continue to exist. It is
imperative for governments, international bodies, and civil society to work
together in strengthening legal structures and fostering environments where
human rights are honoured universally. Education, awareness, and accountability
are also essential in empowering individuals to advocate for and defend their
rights. Ultimately, the comprehensive realization of human rights will not only
enhance individual well-being but also contribute to a more harmonious global
community, where the ideals of justice, equality, and freedom are universally
upheld. The path toward the protection of human rights is a continuous Endeavor
that demands ongoing commitment from all segments of society. Through united
efforts and steadfast dedication, we can ensure that future generations inherit
a world where human rights are protected, and the dignity of every individual
is respected.