Present Situation In India According To CRPC
India's humanitarian and sanitation crisis is a complicated, multidimensional
problem. The current condition of affairs is a result of several issues, such as
social inequality, poverty, and a lack of education.
Lack of access to sanitary facilities and clean water is one of India's most
urgent humanitarian crises. Just 49% of Indians have access to safely run
sanitation facilities, according to a 2017 World Health Organization assessment.
This implies that about 50% of people are compelled to urinate outside, which is
bad for their health and general well-being.
Waterborne infections like cholera and diarrhea, which are leading causes of
mortality in India, might spread as a result of open defecation. Additionally,
as youngsters exposed to excrement are more likely to have stunted growth, it
may result in malnutrition. Furthermore, especially for women and girls, open
defecation can be a cause of humiliation and shame.
In recent years, the Indian government has improved access to sanitation to some
extent. There's still a long way to go, though. The government will need to make
investments in social transformation, infrastructure, and education to attain
universal access to sanitation.
Poverty is another significant humanitarian problem in India. Nearly 22% of
Indians, according to the World Bank, are considered to be poor. This indicates
that they are unable to pay for the necessities of life, such as clothes, food,
and shelter.
There are several detrimental effects of poverty on one's health and general
well-being. The likelihood of malnutrition, unhygienic living circumstances, and
restricted access to healthcare is higher among the poor. They also have a
higher chance of becoming the targets of abuse and exploitation.
In recent years, the Indian government has achieved considerable success in
lowering poverty. There's still a long way to go, though. The government must
make investments in job development, healthcare, and education if it is to lower
poverty.
Another significant problem in India is social inequality. The intricate caste
structure that divides the nation divides people into many social categories
according to where they were born. There are several detrimental effects of the
caste system on economic and social mobility.
Lower caste members are more likely to be impoverished, to have less access to
healthcare and education, and to experience prejudice. In the last several
years, the Indian government has addressed socioeconomic disparity to some
extent. There's still a long way to go, though. The government must enact laws
that support economic opportunity and social inclusion in order to lessen social
disparity.
India's humanitarian and sanitation crisis is a complicated, multidimensional
problem. The current condition of affairs is a result of several issues, such as
social inequality, poverty, and a lack of education. In recent years, the Indian
government has addressed these concerns with considerable success. There's still
a long way to go, though.
India In 2022
Legislative and public engagement was insufficient while passing laws and
policies that undermined the rights of religious minorities and human rights
advocates. Religious minorities were subjected to discriminatory and violent
government persecution, and popular figures and political figures openly
expressed their contempt for them regularly with no consequences.
With impunity, Muslim family homes and businesses were subjected to punitive
demolitions. Minority rights advocates who demonstrated peacefully were
portrayed and handled as a danger to public order. Repressive laws, such as
those about counterterrorism, were often employed to stifle criticism.
Authorities used digital tools, including unauthorized surveillance, to frighten
human rights activists. Violence and pervasive discrimination against Adivasis
and other underprivileged populations, including Dalits, persisted.
Freedom Of Expression And Association
The Supreme Court, in a positive move, put a 152-year-old sedition law, Section
124a of the Penal Code, on hold until the government reexamines it on May 11.
Unlawful and politically motivated limitations were imposed on civil society
groups and human rights defenders, including activists, journalists, students,
and academics, in an ongoing pattern of harassment and intimidation.
The lower chamber of parliament forbade the use of certain common terms during
parliamentary discussions on July 14. These terms included "corrupt," "sexual
harassment," "criminal," "eyewash," "incompetent," and "hypocrisy." The
prohibition was an attempt to control the speeches made by parliamentarians from
the opposition.
The Income Tax Department allegedly violated the Foreign Contribution
(Regulation) Act on September 7th, when it carried out concerted raids, dubbed
"surveys," on the offices of non-governmental organizations (NGOs), such as
Oxfam, the Independent and Public-Spirited Media Foundation, and the Center for
Policy Research.
Large-scale operations against the Popular Front of India (PFI) and its
affiliates were conducted throughout India on September 27 and 28. More than 300
members and top leaders of PFI were taken into custody. Then, in spite of the
fact that no charges were made against those who were detained and no trials
were held, the Ministry of Home Affairs declared PFI to be a "unlawful
association" under the Unlawful (Activities) Prevention Act (UAPA), a
counterterrorism law, due to its purported involvement in the "funding of
terrorism and terrorist activities."
The Prevention of Money Laundering Act (2002), which grants the Enforcement
Directorate, India's main investigative body for financial crimes, the authority
to make arrests, seize property, and conduct searches and seizures, was affirmed
by the Supreme Court on July 27. These authorities have been misused time and
time again to suppress civil society and quell opposition.
During the year, the authorities frequently employed travel bans abroad to
suppress independent voices. These voices included journalist Rana Ayyub, human
rights activist and former head of Amnesty International India Aakar Patel, and
at least two Kashmiri journalists who were scheduled to give speeches abroad
about the state of human rights in India.
Arbitrary Arrests And Detentions
Arbitrary Arrests:
The administration used harsh and oppressive measures to crack down on
opponents, making arbitrary arrests and even not following due process.
Jignesh Mevani is an independent Dalit member of the Gujarat Legislative
Assembly. He was granted bail by an Assamese court, but he was promptly taken
into custody again on April 25. After he made a tweet on Twitter urging Prime
Minister Narendra Modi to keep the peace in Gujarat, where there was religious
violence, he was arrested for the first time.
Prominent human rights advocate Teesta Setalvad, together with former police
officers Sanjeev Bhatt and RB Sreekumar, were taken into custody by the
authorities on June 25 on allegations of forgery and evidence fabrication. The
accusations seemed to be retaliation for their assistance to Gujarat riot
victims in 2002.
Co-founder of the independent fact-checking website ALT News, Mohammed Zubair,
was detained by police in New Delhi on June 28 for allegedly "hurting religious
sentiments" and "promoting enmity" on Twitter for criticizing growing censorship
and denouncing discrimination against minorities.
Human rights campaigner Javed Mohammed, his wife, and their daughter were among
several people arrested by police on June 10 for allegedly being the "key
conspirators" behind the sectarian violence that broke out in Prayagraj, Uttar
Pradesh.
Prolonged Detention:
Under the Maharashtra state UAPA, eleven human rights activists remained in
detention without charge or trial. They included civil rights activists Rona
Wilson, Arun Ferreira, and Vernon Gonsalves; academics Shoma Sen and Hany Babu;
tribal rights activist Mahesh Raut; poet Sudhir Dhawale; lawyer Surendra Gadling;
and three members of the cultural group Kabir Kala Manch, Ramesh Gaichor, Jyoti
Jagtap, and Sagar Gorkhe. The National Investigation Agency, India's primary
counterterrorism agency, detained them between 2018 and 2020 on suspicion of
inciting violence at the 2018 Bhima Koregaon festivities outside of Pune.
In February 2020, at least 53 people, predominantly Muslims, were killed in
religious violence in Delhi, and at least eight Muslim students, council
members, and human rights activists were still being held without charge or
trial under the UAPA.
Sedition laws and the UAPA kept journalist Siddique Kappan and three others in
custody. When Siddique Kappan was apprehended in October 2020, he was his route
to Hathras District in Uttar Pradesh to investigate a gang-related rape and
killing of a young Dalit lady.
Unlawful Attacks And Killings
During the Ram Navami and Ramzan festivals in April and June, there were
incidents of communal violence in Gujarat, Madhya Pradesh, Jharkhand, Delhi,
Rajasthan, and West Bengal. Several political figures and public servants in
Madhya Pradesh issued remarks shortly after the incident, threatening to
demolish the houses of the demonstrators. Among them were the home minister of
Madhya Pradesh, the commissioner of police, and the deputy inspector general of
police from Khargone. "Whichever houses were involved in stone pelting, we will
ensure they are turned into piles of stones themselves," the latter was cited as
adding.
After making these remarks, the authorities in Madhya Pradesh, Gujarat, Delhi,
and Uttar Pradesh are accused of forcibly demolishing the private property of
those who are suspected of rioting, allegedly without providing any prior
warning or according to other due process obligations. Muslims who were
struggling financially owned the majority of the properties that were destroyed.
The media revealed on June 10th that police in Ranchi, Jharkhand state, had shot
bystanders, thrown stones at demonstrators, and used batons on them. When a
bystander was walking back from the market, the cops shot him six times. Police
shot two protestors, one of them a 15-year-old boy, fatally in the head.
Freedom Of Assembly
Restrictions On The Right To Protest:
New limitations on the right to peaceful assembly and speech were put in place
by the government. The Karnataka High Court upheld a state injunction on March
3rd, confining any rallies to a certain area within Bengaluru, the state
capital.
Human rights activist Sandeep Pandey and seven other people were taken into
custody by the Gujarat state police on September 26. Pandey was scheduled to
march and demand that gang-rape survivor Bilkis Bano get a public apology. The
Gujarati government has freed the prisoners found guilty of raping Bilkis Bano.
Excessive Use Of Force:
In addition to violating people's human rights, the police also employed illegal
force and abused the legal system to intimidate and quiet criticism.
In a video released by many media sites on June 10, police in Saharanpur, Uttar
Pradesh, struck arrested male protestors with batons several times. A
demonstrator reported having an arm fracture. On social media, lawmakers from
the ruling Bharatiya Janata Party and retired police personnel welcomed the use
of force rather than denouncing it.
On October 4, the Gujarat state police publicly flogged nine men with lathis
(batons) in front of onlookers as they were tied to a pole in Kheda city for
allegedly hurling stones during a Hindu holiday celebration.
Freedom Of Religion
A disproportionate amount of criminal laws were applied on Muslims and other
religious minorities. Muslims were frequently detained by the police on charges
of "inciting animosity between groups" and "inciting religious sentiments" in
relation to things like praying, carrying out lawful commercial dealings,
getting married to Hindu women consensually, and consuming beef.
Many Muslims faced criminal charges or administrative fines in May, July, and
August for leading namaz in public and private residences.
Some Hindu groups have publicly called for an economic boycott of Muslim-owned
companies in the states of Gujarat, Uttar Pradesh, Madhya Pradesh, Kerala, and
Haryana. The Karnataka state minister of law, legislative affairs, and
legislation said on March 23 that non-Hindus are not permitted to do any type of
business in the vicinity of Hindu temples and establishments. During the Hindu
holiday of Dussehra, calls were also made in Karnataka to boycott meat stores
owned by Muslims. The mayor of South Delhi issued an order on April 4th,
prohibiting the opening of any meat stores during the Hindu holiday of Navratri,
which was mostly owned by Muslims.
Hindu priests in Delhi and Uttar Pradesh have openly called for violence against
Muslims, including the rape and killing of Muslim women, and they have done so
with impunity.
Without consulting the public or the legislature, the Karnataka state
administration approved a bill on May 17 that makes weddings in which the
accused victim's family or coworkers are accused of forcing them to convert to a
different religion illegal. These conversions were illegal and may result in up
to ten years in jail. Five individuals were detained in Karnataka on November
11th, 2011 on charges of coerced conversion. A similar ordinance was approved in
Uttar Pradesh in 2021, but accusations of forced conversion led to assaults and
other forms of violence against Christians there.
Discrimination
Hate Crimes Based On Caste:
Hate crimes were committed with impunity, including violence against Adivasis
and Dalits. In 2021, there were reports of over 50,000 alleged crimes against
Scheduled Caste persons and over 9,000 crimes against Adivasis. Dalits, Adivasis,
and members of other marginalized groups were disproportionately represented
among the more than 75% of inmates in pretrial custody in India.
Media reports throughout the course of the year revealed that the Dalit
community, particularly Dalit children, was subjected to escalating levels of
violence and persecution by members of dominant castes. This violence included
deaths caused by the Dalit population exercising fundamental rights like drawing
water from a communal well.
At least 19 sanitation workers choked to death after being forced to clean
septic tanks and sewers by the police, political authorities, and private
companies, despite the official prohibition on manual scavenging. Approximately
75% of sanitation employees in India were members of one of the Scheduled
Castes.
Indigenous People's Right:
The Forest Conservation Rules were enacted on June 28 by the Ministry of
Environment, Forests, and Climate Change. These rules allow private companies to
clear forests without the free, prior, and informed agreement of forest
residents, especially Adivasi peoples, who identify as Indigenous.
Jharkhand police forcibly imprisoned independent journalist Rupesh Kumar Singh
on July 17 in reprisal for his in-depth research on the rights of Adivasi
peoples in the state of Jharkhand's Giridih district.
During the year, more than sixty Adivasi people, environmental human rights
defenders, and forest dwellers were arrested for opposing a steel project by
Jindal Steel Works in the Odisha state village of Dhinkia. The project was
approved by the government on the basis of a fabricated environmental impact
assessment.
Jammu And Kashmir
Freedom Of Expression:
A number of journalists from Kashmir were taken into custody, including Sajad
Gul, Aasif Sultan, and Fahad Shah. Local courts granted them bail, but they were
almost immediately taken into custody again under the UAPA. Journalists Aakash
Hassan and Sanna Irshad Mattoo were barred from leaving the country by
immigration officials without a court order, warrant, or even a written
justification, as part of an ongoing assault on freedom of expression and
movement. Khurram Parvez, a human rights advocate, has been jailed under the
UAPA since November 2021 and has not been given a trial.
Unlawful Killings:
Based on government data, the largest percentage of police-related deaths in
India occurred in Jammu and Kashmir between April 2020 and March 2022. According
to media accounts, armed factions murdered at least 19 individuals in 2022,
seven of them were members of the Hindu minority in the area.
Right To Privacy
The Criminal Procedure (Identification) Act (2022) was passed by parliament on
April 6 and permits police officers to take biological samples, such as blood,
semen, hair, swabs, and DNA analyses, from all arrested individuals, including
those in administrative detention. They can also collect signatures and
handwriting samples. According to the Act, they can be kept in a central
database without a data protection framework in place for up to 75 years.
On August 25, the Supreme Court declined to release an investigative report it
had ordered about claims that government agencies had used Pegasus malware to
surreptitiously monitor the mobile devices of journalists, lawmakers,
scientists, and human rights advocates.
Women's Rights
Domestic and sexual abuse were still committed by offenders with impunity.
The Karnataka state government forbade women and girls from wearing headscarves,
or hijabs, at public schools. The Karnataka High Court maintained the
prohibition in March. With a divided decision, the Supreme Court sent the matter
to a higher court in October. The prohibition persisted in the interim, which
led to continuous harassment of Muslim women and girls.
Women's rights have made some progress. The Supreme Court ruled on May 26 that
police personnel cannot verbally or physically assault sex workers or their
children, while still upholding their right to live in dignity. The Medical
Termination of Pregnancy (MTP) Act of 1971 was progressively construed by the
Supreme Court on September 29, granting all women the right to an abortion
regardless of their marital status. The ruling that recognized marital rape as a
type of violence against women under the MTP Act was a step in the right
direction as the Indian government had previously refused to make it a crime.
Failure To Tackle Climate Crisis
India strengthened its goal to cut greenhouse gas emissions by 2030 when it
amended its NDC in August. India's climate objective and policies, however, were
deemed "highly insufficient" by the Climate Action Tracker.
Environmental Degradation
The government's response to floods and air pollution was ineffective, and it
lacked proper procedures for disaster planning. Assam, a state in northeast
India, continued to be at risk from severe flooding that killed over 4.8 million
people in July. India had average temperatures up to 4.5˚C above usual starting
in April. This was especially bad for individuals who were impoverished and
worked in specific occupations including street vending, farming, and daily wage
labor. Beginning in October, Delhi's air quality significantly declined, mostly
as a result of vehicle emissions, burning of stubble, and the usage of
firecrackers during the Diwali celebration, all of which violate people's rights
to life and health.
Conclusion
This study argues that it is challenging to recognize cleanliness as a right
when it is interpreted to mean only providing resources. Social inequities
including caste, class, and gender that surface during and after the program's
implementation are frequently ignored by sanitation programs. The SBM initiative
treats Dalit manual scavengers as prospective laborers or service providers
instead than active receivers, trivializing their terrible situation. The
program's creation and upkeep of sanitary facilities depends heavily on the
Dalit community's inexpensive labor supply, which exposes a serious injustice.
As a result, while assessing sanitation advancements in the context of human
rights, we must consider whether allocating resources or lessening human
suffering should be the primary emphasis of our assessment of India's right to
cleanliness. Amartya Sen's theory of justice offered a much-needed shift in
perspective when addressing the unconscionable unfairness that persists in our
society. The study makes a case for acknowledging the unfair connection-which
has gone unnoticed in both past and present policy interventions-between caste
and hygiene.
The tyranny in society would persist even if the economic caste structure is
changed. To rectify this barbaric behavior, the caste identity itself must be
destroyed-the "annihilation of caste."
Law Article in India
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