Human Rights And The Indian Society

Whenever we hear the term 'Human Rights' what hits our senses firstly? Is it just the orthodox term which only lies in the texts and books, oriented to law only ? Does it even prevailing or known by the actual present society? If yes ,does the people even use these rights? Or it's just mis-used by the actual offenders in order to set themselves free? So many questions right ? It's quite normal because Indian society is a typical society which doesn't gives so much attention to legal terms usually until they found themselves encountered with some legal problems.

So basically people don't give so much attention to the legal proceedings ,the people mostly are decision oriented. All they need to know what is the conclusion of a case, how the court treated an offender as per her/his offence. Oh! The court set a heinous criminal free ,Oh! The court granted bail to serious criminal, she/he must having so much money and influence.

These sort of thoughts are very very common among the people of society penetrating the huge diversity borders and culture too. It's a most common thinking that the law ,judiciary, our civil forces and the whole system only acts or proves it strict applicability on the weaker section of the society only . If an ordinary person even just found to be alleged with an offence with no proofs will be found after the bars ,and will be trialed for years or decades of his life.

On the contrary when a rich person openly commits a crime she/he gets a lot of reliefs and escapes the punishment by any way possible and that too within the matter of days and then wanders the streets again freely like nothing happened . And when the media houses covers these sort of stories their headlines highlights the use of "Human Rights". So here in this article we will try to elaborate the HUMAN RIGHTS in order of how it was introduced to our country, it's historical background which affects the present scenarios ,it's uses and misuses in the present era ,specially in respect to our country and our system of proceedings against the offences.

What Are Human Rights?

Human Rights are the basic rights that belong to every individual human being .These rights are considered inherent, inalienable, and universal. Human rights ensures the dignity, freedom, and equality of all the people, forming the foundation of justice and peace in society.

Examples of Human Rights:

• Right to life and liberty.
• Freedom of speech and expression.
• Right to equality and non-discrimination.
• Right to education and health.
• Right to work and fair wages.
• Freedom from torture, slavery, and degrading treatment.

Sounds pretty much similar to the Fundamental Rights right?
But the major difference between Human Rights and Fundamental Rights is that these are universal rights that apply to all human beings, irrespective of nationality, race, or location.These rights are recognized under international frameworks, such as the Universal Declaration of Human Rights by the United Nations. While the Fundamental Rights are the specific rights ensured by the respective Nation to it's citizens only.

History Of Human Rights

The concept of human rights in India is having a very rich history deeply rooted in ancient values of justice and morality and its modern phenomenon inspired by both colonial legacies and post-independence inspirations. Human rights in India kept evolving from different influences, including ancient texts, colonial encounters, and human rights movements occurred on global level, ultimately finding a formal yet significant place in the Constitution of India.

India's ancient texts, such as the Vedas and the Arthashastra emphasize upon the principles like justice, equality, and moral duty, laying down an early foundation for human rights in the Indian society. The Indian society have faced so many suppressions because of prejudices like racism, castism, untouchability etc. Which exploited a major section of the society over a long period of time. Whether it is the time of Monarchy or pre independence era.

The British rule marked by suppression and resistance catalyzed the demand for rights in a more structured form. British rule was often more exploitative, with acts such as the Rowlatt Act of 1919, which allowed imprisonment without trial, which sparked nationwide protests. Leaders like M.K. Gandhi and B.R. Ambedkar emerged, advocating for civil liberties and social justice. The freedom movements sought not only political independence but also human rights, encompassing social equality.

Human Rights In The Constitution Of India

When India got independent in 1947, the Constitution drafted by the Constituent Assembly became the milestone of human rights in the country. The Fundamental Rights given in Part III of the Constitution provide for civil, political, and individual freedoms, including the rights to equality, freedom, religious expression, and against exploitation. These provisions aimed to ensure social justice, and upholding dignity of an individual In addition to which Part IV of the Constitution of India contains the directive principles of state policy, which, while not enforceable in court, aim to guide the state in achieving social and economic justice.

Together, these rights established a framework that would form the basis for India's approach to Human rights, embedding the principles of liberty and equality within the fabric of Indian society. The formal introduction and expansion of human rights protections in India took a significant step forward with the Human Rights Act of 1993, which gave birth to the National Human Rights Commission (NHRC). This was in response to both domestic needs and international pressure to cater the global human rights standards.

The NHRC was empowered to investigate the human rights violations and recommend reforms, making a significant milestone in institutionalizing human rights in India. The NHRC's creation reflected the evolving understanding of human rights in India and recognized the need for a dedicated body to look over, investigate, and promote human rights awareness. Additionally, state-level human rights commissions were established to address specific regional issues, allowing for a more decentralized and focused approach to protecting rights.

The Current Status of Human Rights in India

As the incidents occurred in the recent years, India's human rights record has been a subject with mixed results of both progress and contention. There are concrete legal frameworks present for human rights , but their implementation often falls short. One of the most significant challenges facing human rights in India is the issue of police brutality and custodial violence. Despite constitutional guarantees and NHRC oversight, reports of extra-judicial killings, torture, and abuse in police custody are widespread.

This is a complex problem rooted in a lack of accountability within law enforcement agencies, where police often act without thinking of the consequences. The infamous custodial deaths in Tamil Nadu in 2020, where two men were allegedly tortured by police, drew national outrage and highlighted the urgent need for police reform. The human rights of weaker or marginalised communities, including dalits, Adivasis, and religious minorities, remains a crucial area of concern when we talk about human rights.

Caste-based discrimination, while being legally prohibited, continues to being exercised in various forms of social exclusion, violence, and economic disadvantage. The rise in caste-based violence, especially in rural and remote areas, underscores the limitations of legal protections in eradicating social hierarchies. Religious minorities also face challenges, with incidents of communal violence, discriminatory practices, and hate speech posing significant threats to their security and freedom.

Despite these challenges, there have been notable advancements in human rights protections in India. Legislation addressing violence against women, such as the Domestic Violence Act and laws against sexual harassment, represents positive steps toward gender equality. Campaigns advocating for LGBTQ+ rights have also made progress, with the Supreme Court decriminalizing homosexuality in 2018, a historic judgment that underscored the country's evolving perspective on individual rights and liberties. India's judiciary has played a crucial role in upholding human rights, particularly in cases where state actions are contested.

The Supreme Court's judgments on privacy (Justice K.S. Puttaswamy vs. Union of India, 2017), the right to dissent, and the recognition of transgender rights demonstrate the judiciary's commitment to expanding the scope of human rights protections. However, the gap between legal provisions and their effective implementation remains a persistent topic.

Pros and Cons of Human Rights in the present Scenario

On the positive side, the Human Rights Act 1993, has facilitated numerous advancements in the protection and promotion of rights in India. It has provided a platform for backward communities to voice their grievances. Cases concerning custodial violence, police brutality, and the rights of the underprivileged have been addressed more effectively since the Act's inception.

For instance, the NHRC's intervention in cases of torture and abuse has led to public awareness and accountability for law enforcement officers. This mechanism allows victims of human rights violations to seek redress, fostering a culture of accountability and transparency.

But on the other side the dark reality of law enforcement remains a significant point of concern. It can be said that "it's a Divine weapon in the hands of the Devil". By using the human rights as a shield many of the heinous offenders get so many relief or we can say privileges in comparison to other criminals ,they got hospital facilities, food facilities and even the bail .

We can say that either a criminal in jail will enjoy a five star treatment in the shadow of human rights or will eventually get a parole in the shadow of the same .

But does it goes same with every criminal? The answer is -No. We all know it's all a matter of fine use of twisted laws by the advocates of criminals who can afford these services by paying out huge security amount, which cannot be done even by a middle class person. It's a serious loop-hole in our system which represents the immoral use of Human Rights, but folks don't the authorities,the judicial bodies notices it ? They do ,then why it is not getting reformed?

Well it's again a pretty much complex subject with another side of the cube as not only the civilians does the offences right? Reports of immoral encounters by police,increase in custodial deaths ,extrajudicial killings etc. highlights the system failures in the judicial system. This is the yard where we need human rights again and this is the reason why our judiciary treats even the offenders with humanitarian terms .

The case of the alleged encounter killing of the Hyderabad veterinarian in 2019 sparked nationwide protests, underscoring public outrage against police brutality. Bail provisions for serious offenders present another paradox within the framework of human rights in India. The Indian judiciary has faced brutal criticism for granting bail to individuals accused of heinous crimes. This has raised questions about the integrity of the justice system, particularly when victims and their families perceive the process as unjust. The case of a highprofile politician accused of corruption being granted bail after a brief

Detention illustrates the complexities surrounding judicial decisions in bail matters. Such incidents contribute to the public perception that the rights of the accused are prioritised over the victims,which too vary with the financial condition of offenders leading to a disillusionment with the legal system.

Some Significant Data

Public perception and trust in human rights enforcement have also been shaped by various surveys conducted over the years. A survey conducted by the Centre for the Study of Developing Societies (CSDS) in 2020 revealed that approximately 70% of respondents believed that human rights were often violated in India, particularly regarding police actions.

This sentiment underscores the need for urgent reforms within law enforcement to ensure adherence to human rights standards (CSDS). Similarly, a 2019 report by Amnesty International indicated that 76% of Indians were concerned about police brutality, indicating widespread anxiety regarding the safety of citizens under law enforcement agencies (Amnesty International). The disconnect between legal frameworks and on-the-ground realities highlights the gaps that persist in ensuring the protection of human rights.

A study conducted by the National Crime Records Bureau (NCRB) in 2021 recorded a significant rise in cases of custodial deaths and police-related violence. The report found that there were over 100 documented cases of custodial deaths in the previous year, indicating a concerning trend in police

Supreme Court seeks reasons for denying maternity leave to woman if adopted child aged above three-months.

The apex court was hearing a plea challenging the Constitutional validity of a provision of the Maternity Benefit Act, 1961The Supreme Court of India has asked the Centre to explain the rationale behind a provision which entitles only those women, who adopt a child below the age of three months, to seek maternity leave benefits.

The apex court was hearing a plea challenging the Constitutional validity of a provision of the Maternity Benefit Act, 1961 which entitles only those women who are adopting a child below the age of three months to seek benefits of maternity leave for a period of 12 weeks.{1}

On Senior Advocate's Letter, Telangana High Court Initiates Suo Moto PIL Against Alleged Handcuffing Of Accused Produced Before District Court.

Based on a senior advocate's letter who witnessed handcuffing of accused persons produced before a District Court, the Telangana High Court has initiated a suo moto PIL and sought the State's response within six weeks. Senior Advocate L. Ravichander stated that he had been engaged to appear before a bench in the District Court of Kukatpally. After his appearance, when the counsel was walking… {2}

Human rights abuses in Jammu and Kashmir range from mass killings, enforced disappearances, torture, rape and sexual abuse to political repression and suppression of freedom of speech.

The Indian Army, Central Reserve Police Force (CRPF), and Border Security Personnel (BSF) have been accused of committing severe human rights abuses against Kashmiri civilians. According to Seema Kazi, militant groups have also been held responsible for similar crimes, but the vast majority of abuses have been perpetrated by the armed forces of the Indian government.{3}

Abuse of legal system in trafficking of girls:
Commission calls for report from Delhi Police Commissioner.
"The force follows set stages: a trumped-up case is registered against these minor girls falsely alleging that they were trying to solicit clients in a public place. The minor girls are then arrested and kept in lock-up while the police prepare a challan wherein the minor girls age is entered as 21. This entry is apparently sufficient to transform overnight the minor girl into an adult for all subsequent court proceedings. After this, these minor girls are produced before a magistrate and released on bail."{4}

End Notes:

1. https://www.thehindu.com/news/national/supreme-court-seeks-reasons-for-denying-maternity-leave-to-woman-if-adopted-child-aged-above-three-months/article68871856.ece
2. https://www.livelaw.in/high-court/telangana-high-court/telangana-high-court-hearing-pil-human-rights-violation-allegations-kukatpally-district-court-255956
3. https://en.wikipedia.org/wiki/Human_rights_abuses_in_Jammu_and_Kashmir
4. https://nhrc.nic.in/press-release/important-cases-6
5. https://chatgpt.com

Written By:

• Shivang Sanadhya,
• Narayan Regar,
• Varun Meghwal