Human rights are universal principles that are inherent to all individuals, regardless of their nationality, ethnicity, religion, or any other status. These rights are enshrined in various international treaties and agreements, which aim to protect and promote the dignity and well-being of all individuals globally. India, as a member of the international community, has played a significant role in the promotion and protection of human rights both domestically and internationally. This research paper explores India's engagement with international human rights treaties, examining its commitments, implementations, challenges, and contributions to the global human rights regime.

What Are The Provisions Related To Human Rights In India?

Definition:
According to the National Human Right Commission of India, Human Rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.

National Human Rights Commission:

The National Human Rights Commission (NHRC) of India was established in 1993. The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993.
The Act provides for the establishment of State Human Rights Commissions.

Human Rights As Incorporated In Indian Laws:

• Indian Constitution incorporated several provisions of human rights in Indian Constitution.
• Part III of Fundamental Rights from Article 14 to 32.
• Articles 14 to 18 of the Constitution guarantee the right to equality to every citizen of India.
• Article 19 deals with freedom of speech and expression and Article 21 provides Right to life and liberty.

In Case Of Violation Of Fundamental Human Rights:

• The citizens can move to the Supreme Court under Article 32 and High Courts under Article 226.
• Directive Principles of State Policy from Articles 36 to 51.
• India is a signatory to the Universal Declaration of Human Right and has ratified ICESCR and ICCPR.

India's Commitment To Human Rights:
India's commitment to human rights is deeply rooted in its constitutional framework. The Constitution of India, adopted in 1950, includes a comprehensive Bill of Rights that guarantees fundamental freedoms and protections to all its citizens. These rights encompass civil liberties such as the right to equality before the law, freedom of speech and expression, freedom of religion, and the right to life and personal liberty.

Furthermore, India has ratified several key international human rights treaties, reaffirming its commitment to upholding global standards of human rights. Some of the prominent treaties ratified by India include the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the Convention on the Rights of Persons with Disabilities (CRPD).

1. International Covenant on Civil and Political Rights (ICCPR):
   India ratified the International Covenant on Civil and Political Rights (ICCPR) in 1979, demonstrating its commitment to upholding civil and political rights as enshrined in the treaty. By ratifying ICCPR, India affirmed its recognition of fundamental freedoms such as the right to life, freedom of speech and expression, freedom of religion, and the right to a fair trial. ICCPR obligates its signatories to take legislative, administrative, and other measures to ensure that these rights are respected and protected.
   
   However, despite India's ratification of the ICCPR, challenges remain in the effective implementation of its provisions, particularly in addressing issues such as arbitrary detention, custodial deaths, and limitations on freedom of expression. Nonetheless, India's ratification of ICCPR underscores its commitment to promoting and protecting human rights, and the country continues to work towards strengthening its human rights framework in alignment with international standards.
    
2. International Covenant on Economic, Social and Cultural Rights (ICESCR):
   India ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1979, affirming its commitment to promoting and protecting economic, social, and cultural rights. By ratifying ICESCR, India recognized the rights enshrined in the treaty, including the right to work, the right to education, the right to an adequate standard of living, and the right to the highest attainable standard of health.
   
   India's ratification of ICESCR reflects its commitment to fostering an inclusive and equitable society where all individuals have access to opportunities and resources necessary for their well-being. However, challenges remain in effectively implementing ICESCR's provisions, particularly in addressing issues such as poverty, unemployment, and inadequate access to healthcare and education in certain regions. Despite these challenges, India continues to make efforts to realize the rights guaranteed under ICESCR and is working towards ensuring that economic, social, and cultural rights are protected and promoted for all its citizens.
    
3. Convention on the Rights of the Child (CRC):
   India ratified the Convention on the Rights of the Child (CRC) in 1992, reaffirming its commitment to protecting and promoting the rights of children. By ratifying CRC, India recognized the rights enshrined in the treaty, including the right to life, survival, and development; the right to education; and the right to protection from violence, abuse, and exploitation.
   
   India's ratification of CRC signifies its dedication to ensuring that children, as vulnerable members of society, are provided with the necessary support, opportunities, and protection to thrive. Despite challenges in effectively implementing CRC's provisions, particularly in addressing issues such as child labor, child marriage, and child trafficking, India has taken several measures to safeguard children's rights. These include enacting legislation such as the Juvenile Justice (Care and Protection of Children) Act, 2015, which aims to protect and rehabilitate children in conflict with the law. India's commitment to CRC reflects its vision of creating a safe and nurturing environment for all children, ensuring their holistic development and well-being.
    
4. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW):
   India ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1993, signaling its commitment to eradicating discrimination against women and promoting gender equality. By ratifying CEDAW, India recognized the rights enshrined in the treaty, including the right to equality before the law, the right to non-discrimination, and the right to participate in public and political life. India's ratification of CEDAW signifies its dedication to ensuring that women have equal opportunities and access to resources, enabling them to participate fully in all aspects of society.
   
   Despite challenges in effectively implementing CEDAW's provisions, particularly in addressing issues such as gender-based violence, unequal access to education and healthcare, and gender pay gaps, India has taken significant steps to advance gender equality. These include enacting legislation such as the Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. India's commitment to CEDAW reflects its vision of creating a society where women are empowered, valued, and treated with dignity and respect.
    
5. Convention on the Rights of Persons with Disabilities (CRPD):
   India ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2007, reinforcing its commitment to promoting the rights and dignity of persons with disabilities. By ratifying CRPD, India recognized the rights enshrined in the treaty, including the right to equality, the right to non-discrimination, and the right to accessibility. CRPD emphasizes the importance of creating inclusive societies where persons with disabilities can participate fully in all aspects of life.

India's ratification of CRPD signifies its dedication to ensuring that persons with disabilities have equal opportunities, access to resources, and are not subjected to discrimination based on their disabilities. However, challenges remain in effectively implementing CRPD's provisions, particularly in addressing issues such as lack of accessibility to public spaces and services, discrimination in employment, and barriers to education.

Despite these challenges, India has taken significant steps to advance the rights of persons with disabilities. This includes enacting legislation such as the Rights of Persons with Disabilities Act, 2016, which provides for equal opportunities, protection from discrimination, and access to education and employment for persons with disabilities. India's commitment to CRPD reflects its vision of creating an inclusive and accessible society, where persons with disabilities are recognized and valued for their contributions.

Implementation Of International Human Rights Treaties:

The implementation of international human rights treaties poses a complex challenge for nations around the world, including India. Effective implementation requires aligning domestic laws, policies, and practices with the provisions outlined in the treaties. Despite India's ratification of various human rights treaties such as the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC), challenges exist in implementing their provisions.

These challenges stem from socio-economic disparities, bureaucratic inefficiencies, cultural practices, and other factors. For instance, India has faced criticism regarding violence against minorities, restrictions on freedom of expression, and issues within the criminal justice system.

Despite these challenges, India has taken steps to align its domestic laws and policies with international human rights standards. This includes enacting legislation such as the Right to Education Act, 2009, which aligns with the provisions of CRC, ensuring free and compulsory education for all children up to the age of 14.

Additionally, India has made contributions to the global human rights regime, such as participating in United Nations Human Rights Council (UNHRC) discussions and contributing troops to UN peacekeeping missions. The implementation of international human rights treaties remains a work in progress, and India continues to navigate challenges while striving to protect and promote human rights domestically and internationally.

Challenges And Criticisms:
India faces a myriad of challenges and criticisms in various aspects of human rights, stemming from a combination of socio-political, economic, and cultural factors. For instance, violence against religious and ethnic minorities, particularly Muslims, Christians, and Dalits, has been a recurring issue, with reports of communal violence, discrimination, and mob lynching incidents.

The contentious Citizenship Amendment Act (CAA) of 2019, which aimed to expedite the citizenship process for non-Muslims from neighboring countries, was criticized as discriminatory and in violation of the right to equality and non-discrimination.

Moreover, India's criminal justice system has faced scrutiny for its treatment of marginalized communities, including Dalits and Adivasis, who are often subjected to arbitrary detention, custodial deaths, and delays in the justice system. The government's response to protests, including the farmers' protests in 2020 and the ongoing protests by students and civil society groups against CAA, has been criticized for the excessive use of force and suppression of dissent, raising concerns about freedom of expression and assembly.

1. Violence Against Minorities: Incidents of communal violence and discrimination against religious and ethnic minorities continue to be a concern in India. The lack of effective measures to prevent and address such violence undermines the right to life and security of these vulnerable groups.
    
2. Freedom of Expression: Restrictions on freedom of expression, including censorship and crackdowns on dissent, have raised concerns about the state of democracy and civil liberties in India. Journalists, activists, and dissenting voices often face harassment, intimidation, and even arrest for expressing critical views.
    
3. Criminal Justice System: Issues such as arbitrary detention, custodial deaths, and delays in the justice system undermine the right to a fair trial and access to justice for all citizens. Marginalized communities, including Dalits, Adivasis, and religious minorities, often face discrimination within the criminal justice system. India's

Contributions To The Global Human Rights Regime:

Despite these challenges, India has made significant contributions to the global human rights regime. As a member of the United Nations Human Rights Council (UNHRC), India has actively participated in discussions and initiatives aimed at promoting and protecting human rights worldwide. Additionally, India has contributed troops to UN peacekeeping missions, helping to maintain peace and security in conflict-affected regions and protect the rights of civilians.

Conclusion:
India's engagement with international human rights treaties reflects its commitment to upholding global standards of human rights and promoting the dignity and well-being of all individuals. While challenges remain in the implementation of these treaties, India's contributions to the global human rights regime demonstrate its role as a responsible member of the international community. Moving forward, continued efforts are needed to address the challenges and ensure that the rights enshrined in international treaties are fully realized for all individuals in India.

Written By: Manmeet Singh, 4th Year law student, Department of legal studies, Central University of Kashmir
Email: [email protected]