Human rights are the inherent rights that individuals have by virtue of being human. These rights are universally and equally valid for all people and last for all time. Violating human rights would mean not recognizing the inherent worth of human existence. The antiquated writings of the Hindu Vedas, the Babylonian Code of Hammurabi, the Book of scripture, the Quran (Quran), and Confucius' Analects are cases of a few sources that provide with issues of human duty, rights, and commitments.

They provide valuable insights into early human understanding of ethics, morality, and social responsibility and often address questions of justice, fairness, and the obligations individuals have to one another. In this Article, we will be discussing further more on the fundamental rights of human being and major initiatives taken by India for preventing violation of human rights.

Human Rights Under Constitution Of India

• The right to freedom (articles 19-22 of the Constitution) guarantees the right to freedom, including freedom of speech and expression, and the right to assemble peacefully without arms.
• The right against exploitation (articles 23-24 of the Constitution) prohibits all forms of forced labour, child labour, and human trafficking.
• The right to freedom of religion (articles 25-28 of the Constitution) guarantees the right to practice any religion, manage religious affairs, and attend religious instructions.
• Cultural and educational rights (articles 29-30 of the Constitution) guarantee the rights that ensure equality and respect for all cultures, religions, and languages. These rights are recognized in international human rights treaties, such as the International Covenant on Economic, Social, and Cultural Rights (ICESCR).
• Right to constitutional remedies (articles 32-35 of the Constitution) guarantees the right to constitutional remedies to enforce fundamental rights.
• Right to property (article 31 of the Constitution) guarantees the right to property.

These freedoms are fundamental to individual liberty and are considered essential components of human dignity. They align with the principles outlined in the Universal Declaration of Human Rights, an international document that affirms the inherent rights of all individuals, regardless of their nationality or any other status.

Human Rights Commission: India

• National Human Rights Commission:
  The National Human Rights Commission (NHRC) is a non-constitutional body in India established by parliament to safeguard and preserve the human rights of its citizens. It plays a crucial role in ensuring that the government and its agencies adhere to the principles of human rights as enshrined in the Indian Constitution. It was established in the year 1993 under the Protection of Human Rights Act. The subsequent amendment in 2006 further strengthened the NHRC's mandate and powers.
   
• State Human Rights Commission:
  The State Human Rights Commission is charged with protecting human rights or investigating any violation that occurs in their respective state. More than 26 states have established a State Human Rights Commission through official gazette notification. The State Human Rights Commission can investigate and inquire human rights violations only in relation to commodity listed in the State List and Concurrent List of the 7th Schedule of the Constitution of India.

Important Interventions Of NHRC

There are a number of cases where the Commission has intervened to protect the human rights of citizens.

Some of the Commission's main interventions are:

• The Commission took note of many individual cases of displacement as a result of major projects, disasters and conflicts. It held a "National Conference on Relief and Rehabilitation of Displaced Persons" in Delhi where it surveyed the provisions of the Land Acquisition (Amendment) Act, 2007 and the Rehabilitation and Resettlement Act, 2007.
• The commission also took note of the killing of 12 adivasi protesters in Odisha's Kalinganagar and asked the state DGP to submit a report.
• The Commission also received a complaint about the police's use of unbalanced force against demonstrators in Badwani, Madhya Pradesh, which led to 92 arrests and 10 injuries as a result of the protesters' protests against the project's forced relocation.
• Campaigns against discrimination of HIV patients: The NHRC campaigned against discrimination against HIV patients and facilitated awareness among the Nation.
• High suicide rates of indebted farmers continued in some states, including Maharashtra. The Commission has taken suo moto cognizance of reports of agriculturist suicides. In its report, the Government of Maharashtra educated the Commission that it has designated an area level committee beneath the chairmanship of the Local Collector to screen and oversee the execution of different plans, offer assistance to agriculturists and control them, prevent them from committing suicide.
• The labourers were attacked by the foresters: The Principal Secretary and Director General of Police, Government of Andhra Pradesh, have received a notification from the NHRC requesting reports.
• In an effort to raise awareness of human rights, the Commission has chosen 28 districts nationwide—one in each state—to collaborate with its field-level employees. Food security, the right to education, health, sanitation, and hygiene, prison justice, human rights concerns pertaining to Scheduled Castes (SC) and Scheduled Tribes (STs), the right to culture and the preservation of community property, the right to life, living conditions, and the nature of governmental and panchayat responsibility will all receive special consideration in this endeavour.
• Prisoners of conscience: The NHRC has taken cognizance of complaints that prisoners of conscience are deteriorating in jail.
• In response to an allegation that female protestors in Kolkata on July 27, 2015, were physically attacked, the National Human Rights Commission has sent notices to the Commissioner of Police, Kolkata, and the Principal Secretary and Director General of Police, Government of West Bengal. They were allegedly assaulted by police with lathis, brick firing, tear gas, and water cannons, claiming that there were no female police officers present, which is against the directions of the Supreme Court of India. Some of the protesting women were seriously injured, and one of them is in the ICU. The Commission noted that if female protestors were assaulted by police powers amidst a quiet protest, it would amount to infringement of their fundamental right to assemble peacefully or form association without arms, as guaranteed by Article 19(1)(a)(b) of the Constitution of India.
• Killing twenty suspected red sander smugglers: The NHRC prescribed quick temporary relief to the dependents of the victims.
• The District Collector of Tiruvallur, Tamil Nadu, has been instructed by the National Human Rights Commission to take appropriate measures, including giving the required directives to the revenue officers to vacate any constructions and intrusions near Red Hills Lake in Ponneri Taluk, Tiruvallur. He was asked to provide an update on the actions taken. The commission stated that since the government bears the main responsibility for the security of water bodies, any encroachment on neighboring watersheds or land should be removed without delay. 11 people died when a wall adjacent to their huts collapsed on July 5, 2014. Based on its notices, the Commission found that the victims or their next of kin had been compensated and the TN government initiated criminal proceedings against the business facilities.
• Extradition of Rohingya immigrants: Following a complaint by the Kerala state president of the Bharatiya Janata Party, the NHRC sent a notice to the Union Home Ministry requesting an immediate investigation.

Major Initiatives Taken By NHRC

Some of the major initiatives that have been delivered by NHRC include:

• Terrorist & Disruptive Activities Act and (draft) Prevention of Terrorism Bill, 2000, among other statutes reviewed. The statute, according to the NHRC, is at odds with India's legal heritage, cultural customs, and treaty duties. The group recommended against renewing the statute when it ran out in 1995. Additionally, it had all agreed that the Prevention of Terrorism Act, 2000, did not need to be passed.
   
• Initiatives to protect human rights in the areas of insurgency and terrorism - The NHRC issued guidelines to prevent police from misusing their power of arrest, took initiatives setting up Human Rights Cells in police headquarters at the state and city levels, taking steps to prevent custodial deaths, rape, and torture.
   
• Acceptance of the Geneva Conventions and their Protocols against Torture. The Indian government has been asked to ratify the Convention against Torture by the National Human Rights Commission (NHRC). Additionally, the government has received feedback on the draft Prevention of Torture Bill from the NHRC.
   
• Reforms of police and prisons - The NHRC has suggested police to avoid unnecessary and indiscriminate arrests, and issued guidelines to check the misuse of police power of arrest. It has recommended improvement of prison infrastructure. This includes modernizing jails, classifying prisoners, and involving prisoners in the management of prisons. It has assessed the capacity of inmates in prison, with central jails not housing more than 750 inmates and district jails not housing more than 400.
   
• Visit to jails, mental hospitals and similar institutions - The NHRC has visited jails, mental hospitals to study living conditions and make recommendations. It has recommended that prisoners with mental problems should be kept separately and psychiatrists should be posted in jail hospitals, or at least visit periodically. In order to evaluate the state of the Mental Healthcare Act of 2017's implementation, the NHRC has also visited each of the 46 government mental health facilities in the nation.
   
• The NHRC offers a Centrally Sponsored Scheme for the rehabilitation of bonded labour as one way to combat bonded labour and child labour. This plan calls for the following: yearly grants for awareness campaigns, studies to be carried out by reputable research organisations, and a 50:50 rehabilitation grant split between the federal and state governments. Regular surveys to determine the prevalence, reasons, and forms of bondage.
   
• National Conference on "Health and Human Rights," with a focus on maternal anaemia. Acknowledging that maternal anaemia, infant mortality, maternal mortality, and morbidity were on the rise, the Commission, in partnership with UNICEF and the Department of Women and Child Development, convened a workshop with experts from various fields, disciplines, and professions to discuss these issues.
   
• Rights of HIV/AIDS-affected individuals - The NHRC convened a nationwide conference to address HIV/AIDS-related human rights concerns, bringing together representatives from multiple organisations and individuals living with the virus. It recommended that regulations pertaining to pharmaceutical costs and patents be modified to guarantee that everyone in need of treatment has access to it at a reasonable cost.
   
• The Commission has been advocating for the inclusion of resettlement and rehabilitation provisions in the land acquisition act, with the Ministry of Rural Development, Government of India, working to expeditiously finalise a draft policy on the matter. This is due to the distressing situation faced by individuals displaced by mega-projects.
   
• Observing the functioning of the Mental hospitals - The NHRC monitored the functioning and visiting of mental health institutions. Special Rapporteurs were provided to visit all 47 mental health institutions in various states and it had also released a book on mental health that covers topics such as mental health in prisons, disaster, and homelessness.
   
• Regarding the rights of Denotified and Nomadic Tribes (DNTs and NTs), the NHRC has suggested that the government either do away with the Habitual Offenders Act of 1952 or designate a DNT community representative to collaborate with nodal officers. The NHRC further suggests that DNTs and NTs be taken out of the SC/ST/OBC classifications and that policies be made specifically to give them better access to jobs, infrastructure, and education.
   
• Protection of the destitute widows of Vrindavan - Over 400 widows have received adequate residential housing from the NHRC. Rs. 3.3 crores have been approved by the Central Government to build a 1,000-bed rehabilitation facility. The Ministry of Women and Child Development (MoWCD) and relevant State departments were advised by the NHRC to establish a centralised database on their websites listing all government-run houses for widows.
   
• Prohibition of Manual Scavenging - One of the biggest breaches of human rights, according to the NHRC, is manual scavenging. The individuals engaging in the practice may have serious psychological and emotional impacts. It has directed The Ministry of Social Justice and Empowerment to expeditiously relieve manual scavengers of Rs.10,000 and streamline the loan application process for them.
• Promotion of human rights literacy in the educational system - The NHRC has held conferences to discuss the importance of human rights education in schools, including the need for teachers to learn and practice human rights as much as their students. The NHRC has also suggested that human rights education should be linked to real-world situations and not limited to the classroom.
   
• Discussion with the NGOs and experts on human rights issue - NHRC in India holds regular deliberations with non-governmental organizations (NGOs) on human rights issues. The NHRC also has a Core Group of NGOs that helps monitor the NHRC's work, advising the NHRC on the International Human Rights Convention, discussing and suggesting ways for the NHRC to interact with civil society and act as a bridge between the NHRC and communities.

World Reports On Human Rights In India:

1. Amnesty International's 2021 Report: Amnesty International's 2021 report on India noted many human rights abuses, including:
   • Repressive laws: The government used laws to silence critics and curb freedom of expression, both online and offline.
   • Intimidation and harassment: Human rights defenders, including journalists, students, and activists, faced harassment and intimidation.
   • Violence against minorities: There was violence against religious minorities, particularly Muslims, including hate crimes and punitive demolitions of Muslim properties.
   • Caste-based discrimination: Dalits and Adivasis faced violence and discrimination.
   • COVID-19: The government lacked transparency in the distribution of funds during COVID-19, and the right to health was undermined.
   • Killings: Vigilante groups killed Muslim men and women in various states.
      
2. U.S. State Department's 2023 Human Rights Report: More than a dozen categories of human rights violations in India are listed in the US State Department's 2023 Human Rights Report (HRR), including enforced disappearances, extrajudicial executions, and arbitrary arrests and detentions.
    
3. CRS Reports: Serious limitations on media freedom and freedom of speech are identified in the 2023 HRR. These limits include acts of violence or threats of violence against journalists.
4. IAMC Annual Report on Human Rights in India: The report examines the assaults on Indian democratic principles by the Modi administration, the state of Jammu and Kashmir, and the widespread discrimination and violence against Adivasis and Dalits.
    
5. Cato Institute's 2023 Human Freedom Index: India's total Human Freedom Index performance score fell by 9% between 2015 and 2023, placing it at position 109 out of 165 nations.
    
6. Human Rights Watch's 2024 World Report: HRW's 2024 world report on India highlights the following human rights concerns:
   • Internet restrictions: In 2022, the government enforced many internet shutdowns that disproportionately impacted groups on the margins.
   • Personal data protection: In August 2023, the government passed a bill granting it broad authority for unrestricted state monitoring.
   • Online content control: In April 2023, the government increased its authority over online information, undermining freedom of expression, privacy rights, and the media.

References:

• www.ihra.co.in (Human Rights law in India)
• https://nhrc.nic.in/press-release/important-intervention
• https://nhrc.nic.in/faqs/what-are-its-major-initiatives
• https://www.amnesty.org/en/location/asia-and-the-pacific/south-asia/india/report-india/
• https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/india/
• https://www.hrw.org/world-report/2024/country-chapters/india

End Notes:

• Prasoon Shekhar, "On Human Rights and Constitution of India", ipleaders blog 2020.
• Press release NHRC important interventions, 2007
• Press release NHRC important interventions, 2015
• Press release NHRC important interventions, 2014
• Major initiatives of NHRC (nhrc.nic.in)

Written By: Manisha.T, B.A.Llb(Hons) - University: Sathyabama University, Chennai