Human Rights Abuse in India: Challenges, Initiatives, and Way Forward

Context

The National Human Rights Commission(NHRC) India organized the Statutory Full Commission meeting of all the seven National Commissions for ensuring the protection of Human Rights.

NHRC, India holds Statutory Full Commission meeting

• Attendees at the Meeting: The meeting was attended by:
  • Member Secretary, National Commission for Women; 
  • Chairperson, National Commission for Protection of Child Rights
  • Chief Commissioner for Persons with Disabilities
  • Chairperson, National Commission for Scheduled Caste
  • Joint Secretary, National Commission for Scheduled Tribes.
• Meeting Objective: To discuss the issue of ensuring the protection of the human rights of the vulnerable and marginalized sections and share best practices and annual action plans.
• Collaborative Strategies for Human Rights Protection: It was highlighted during the meeting that the country has various “sound legislations” to ensure the protection of human rights of different sections of the society.
• U.S. State Department’s 2023 Human Rights Report (HRR): Human Rights Report (HRR) 2023, a country-wise compilation of human rights practices, has flagged “credible reports” of more than a dozen different kinds of human rights abuses in India.

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What are Human Rights?

• Universal Nature of Human Rights: Human rights are rights we have simply because we exist as human beings – they are not granted by any state and they belong to each and every one of us equally. 
  • These universal rights are inherent to all, regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other status. 
• Governing Human and State Relations: Human rights govern how individual human beings live in society and with each other, as well as their relationship with the State and the obligations that the State have towards them.

Characteristics of Human Rights

• Inalienable: Human rights are inalienable. All people everywhere in the world are entitled to them. No one can voluntarily give them up. Nor can others take them away from him or her. 
• Indivisibility: Human rights are indivisible. Whether civil, political, economic, social or cultural in nature, they are all inherent to the dignity of every human person. 
• Interdependence and Interrelatedness: The realization of one right often depends, wholly or in part, upon the realization of others. 
  • For instance, the realization of the right to health may depend on the realization of the right to education or of the right to information. 
• Equality and non-discrimination:  All individuals are equal as human beings and by virtue of the inherent dignity of each human person. 

International Treaties Related to Human Rights

• Universal Declaration of Human Rights (UDHR):  Adopted by the UN General Assembly in 1948, it was the first legal document to set out the fundamental human rights to be universally protected.
  • India had signed the UDHR on January 01, 1942.
• International Bill of Rights: The UDHR, together with the 2 covenants – the International Covenant for Civil and Political Rights(ICCPR), and the International Covenant for Economic, Social and Cultural Rights(ICESCR) – make up the International Bill of Rights.
  • ICCPR: It elaborates further the civil and political rights and freedoms listed in the Universal Declaration of Human Rights.
  • ICESCR: All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
• Others: 
  • United Nations Human Rights Council (UNHRC): It is an inter-governmental body within the United Nations system,  responsible for strengthening the promotion and protection of human rights around the world.
  • International humanitarian law (IHL): It is also known as the law of war or the law of armed conflict. 
    • It is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare. 

Legal Provisions Related to Human Rights in India

• Protection of Human Rights Act, 1993: It set up the National Human Rights Commission (NHRC) in India.
  • The NHRC is responsible for the protection and promotion of “rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants”.
• Constitutional Provisions:  Constitution acts as a protector of basic human rights with the provision of Fundamental Rights and Directive principles. 
  • Article 14 to 32 in Part III and Article 36 to 51 in Part IV of the Indian Constitution contain almost all of the rights provided in UDHR.

Status of Human Rights in India: Human Rights Report 2023 (HRR):

• Extrajudicial Killings:  The report pointed out that “the country registered 813 cases of extrajudicial killings between 2016-2022, with the most reported in Chhattisgarh, followed by Uttar Pradesh.”Ethnic Conflicts:  

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• Transnational Repression: Indian government was engaged in repression of “journalists, members of diaspora, civil society activists, and human rights defenders”. 
• Governmental Posture Towards International and Non-governmental Monitoring and Investigation of Alleged Human Rights Abuses:  The report highlighted the government’s cancellation of “registration certificates of 1,827 non-profit associations” under FCRA [Foreign Contribution Regulation Act] provisions between 2017 and 2022.
  • There were numerous reports of threats and violence against human rights defenders, particularly those representing women, religious minorities, and marginalised communities.
• Religious freedom Violation:  Thirteen state governments enacted laws prohibiting forced conversions and forced religious conversions for marriage purposes. 
  • However, in practice, these laws were frequently employed to restrict conversions to non-Hindu religions and peaceful religious practices among members of religious minority communities.
• Non-state Actors: Terrorists in Jammu and Kashmir, northeastern States, and Maoist terrorism-affected areas committed serious abuses, including killings and abductions of armed forces personnel, police, government officials, and civilians.”
• Rights of Persons with Disabilities:  There are problems related to the admissions in schools and assistance to the differently-abled students in exams. 
  • The visually impaired have been facing the problem of captcha codes while accessing online services.

Other Human Rights Challenges in India

• Freedom of Expression: According to the HRW World Report 2021, the government “increasingly harassed, arrested, and prosecuted rights defenders, activists, journalists, students, academics, and others critical of the government or its policies.”

• Equality and Dignity for Marginalized Communities: Despite a provision of the compensation under the SC/ST Act, its payment is delayed. 
  • A lot of time is lost in the registration of complaints and distribution of compensation. 
• Education and Technology Accessibility: The National Commission for Scheduled Castes highlighted the challenge of ensuring that benefits from new education policies and emerging technologies reach marginalized communities.
  • Ban on wearing a hijab in schools and colleges in the state of Karnataka hinders the participation of women and girls in Indian society and impacting their access to education.
• Violence against Discrimination Against Women: As per National Family Health Survey (NFHS-5) Data,  30% women between the age of 18 and 49 have experienced physical violence since the age of 15 years, while 6% have experienced sexual violence in their lifetime.
• Oppression Against Religious Minorities: According to Hindutva Watch, a USA-based research organization, 255 incidents of advocacy of hatred and violence targeting Muslims were recorded in the first six months of 2023.
• Manual Scavenging: According to the Safai Karamchari Andolan, there are one lakh persons from Dalit communities employed in manual scavenging.
• Children Rights: According to National Crime Records Bureau (NCRB), crimes against children increased sharply by 351per cent between 2011 and 2021.

Way Forward

• State Responsibility in Ensuring Child Rights in Private Schools: It has been highlighted that the states cannot refuse to intervene in the matters of the rights violations of children in private schools merely on the ground that these are owned by private entities.
  • All the institutions operate under the due permission of the State and therefore they also owe a responsibility to ensure their lawful functioning.
• Reviewing Victim Compensation Schemes: The victim compensation schemes in all states need to be studied to know whether these conform with the Statute. Compensation under NALSA needs to be enhanced. 
  • It needs to be assured that a child victim of SC-ST community is eligible for compensation under the SC-ST Act, POCSO Act as well as the NALSA scheme.
• Sensitisation of Manual scavengers: Sanitation workers should be informed about their rights and the laws that protect them from abuse by their employers.
  • The states and local bodies should implement the NAMASTE (National Action Plan for Mechanised Sanitation Ecosystem) scheme for mechanical cleaning of septic tanks.
• Utilisation of HRCnet Portal: Collaborations on preparing advisories and utilizing platforms like the HRCnet portal of the NHRC to enhance synergy and prevent duplication of efforts in resolving cases.
  • All the Commissions must share the links of each other’s websites on their respective websites for easy accessibility to the people. 
  • An exchange of expertise among the National Commissions for a common goal towards ensuring the protection of the rights of the people.
• National Action Plan on Human Rights (NAPHR):  As mandated under the UNHRC’s Universal Periodic Review (UPR),  India should have NAPHR covering issues such as the rights to health, education, food security, and housing, etc.

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