Addressing Discriminatory Practices in India: A Call to Action

For centuries, discriminatory practices have plagued Indian society, hindering progress and perpetuating inequality. However, with the emergence of human rights education, a significant shift is underway. The frameworks established since colonial times are being reevaluated, and efforts to improve social conditions are yielding results. While there is still much work to be done, the potential for meaningful change is palpable. As evidenced by landmark judgements, reports from clothing workers, and expert analyses, it is clear that a new era of human rights awareness and advocacy is taking hold in India. This development holds promise for a more just and equitable society, where individuals can thrive without fear of discrimination.

HUMAN RIGHTS IN INDIA

Human Rights can be characterized as one of the most basic rights which every
individual is entitled to enjoy simply by virtue of being a human being. These could in the form
of activities, freedoms or conditions which are viable for a person to lead a normal life. These
rights can be characterized as inherent, indivisible and alienable in nature. In other words, these
no person can either grant or take away these rights, enjoying one of these rights is either
influenced by other rights or influences other rights and lastly, all these rights shall be respected
by all individuals. The government of a state is considered as either the guarantor or violator of
these rights, as only the state has capacity to implement a legal framework for protecting the
human rights. Furthermore, it the government who is responsible for regulating the public as well
as private practices, in order to ensure enjoyment of these rights by every individual (Lauren,
2011). The principles in relation to human rights were first established by Universal Declaration
of Human Rights (UDHR). Being known for laying the foundation of these laws, the declaration
has also inspired evolution of various legally binding bodies and treaties across the globe. The
core principles which have been established by the declaration are that of Universality,
Indivisibility, Inter-dependence, equality and non-discrimination. It is further important to note
that these rights entail both obligations as well as rights within their framework, which have been
established through different conventions and resolutions of the world. It is further important to
note that all the members of UN have atleast ratified one of the core human rights treaties which
has been developed by UN.
One of the original members of UN, who is also a signatory state to UDHR is India. The
level of compliance which the state intends to make can be established from the fact that the
Indian Constitution has been greatly influenced by the principles enumerated by UDR.
Especially, the fundamental rights enshrined in Part III clearly reflect the principles of UDHR
(Cook, 2012). Apart from this treaty, the country has also ratified other covenants such as
International covenant on Civil and Political Rights as well as International Covenant on
Economic, Cultural and Social Rights. Thus, the nation has rendered its agreement to be bound
by the provisions of these human right treaties. This stand of the nation can be seconded by the
judicial pronouncement of the Supreme Court of India in the case of ADM Jabalpur v. Shukla
(1976). It has been specifically stated by the apex court that the fundamental rights enshrined in
the Constitution of nation guarantees that none of the organs of the state namely executive,
judiciary and legislature shall be entitled to illegally invade these rights of any of the citizens.
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The true intention behind inclusion of these rights is to protect the dignity of every person
residing in the nation (Donnelly, 2013). The court further characterized these fundamental rights
in the form of 'natural rights' or 'human rights'.
The extent of influence which the principles of UDHR has on the fundamental rights of
the Indian constitution can not only be credited to their philosophical values but also to the
realization of the founders that the exploitation in terms of social, economic and political, of the
masses in control of the foreign rule can be rectified only through guarantees provided by the
Constitution. Incorporation of these intentions and guarantees in the letter as well as spirit of the
Indian Constitution has led to provision of specific right in the form of Right to Life, which has
also been absolutely non-derogable in nature. These rights have been further expanded by the
Supreme Court, to include various other aspects within its scope (Kempadoo, Sanghera and
Pattanaik, 2015). Some of the landmark judgements which have been noted in the history of
human rights evolution in India are Keshavanand Bharathi v. State of Kerala (1973), Maneka
Gandhi v. Union of India (1976) and many more such cases. These judicial pronouncements had
the effect of expanding and then transforming the 'Right to Life' to 'Right to Life with dignity'. It
is significant to note that such an interpretation of the rights in India is entirely unique in the
arena of Constitutional law across the globe.
However, the aspect of human rights in India has been one of the complicated issues,
specifically because of its large and diverse population, size of the nation, widespread poverty
and such other attributes which is completely opposite to its being of the largest democratic,
sovereign and secular republic. In pursuance to the same the nation has adopted human rights
within its fundamental rights and has also entitled the judiciary to operate independently and deal
with issues or disputes in connection to human rights (Sinha, 2013). The report published by the
Human Rights Watch in the year 2016, accepts adoption of all the mentioned faculties, but has
also gone further to state that India is facing serious concerns in respect to human rights. It has
been observed that Civil societies often are made to face harassment and the critics of
government go through intimidation as well as lawsuits, which clearly is violation of human
rights. Moreover, there have been many instances wherein the Right to Free Speech has been
attacked from the end of both the state as well as other interest groups. In furtherance to the
same, Muslims as well as Christians, along with other minority communities have been accusing
the state to not being able to protect their respective rights (Bajaj, 2011). It has also been
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observed that an increasing emphasis is being made by the people of the nation on minority
rights as well as freedom of speech. Another approach which has often been under criticism is in
relation to the immunity granted to public officials against prosecution for abuses.
India is the world's largest democracy with a strong civil society, independent judiciary
along with a vigorous media. In spite of this, it has been facing varied human rights concern
which have been seriously hampering the nature of life being lead by the society. The present
government of the nation has made a variety of promises for improvement of religious freedom,
protection of children as well as rights of women and ending the abuses which the minorities
have been subjected to over the years (Kumar, 2011). However, contrary to these promises, the
present government has been able to do little for improving the ever existing issues in
implementation of human rights. It is imperative for the nation to understand the importance
which is attached with human rights. In pursuance to the same it is stated that the importance
could be understood from the fact that a society cannot be considered as good or just, unless
every person residing therein enjoys human rights. The primary motive of these rights is to
eliminate the unjust discrimination being subjected against any of the human beings. Though, the
nation has shown progress in maintenance of the principle of solidarity, there are still areas
wherein this principle along with other principles of cooperation, development and access to the
heritage of human kind has been declined. One of the prominent issues which has been surfaced
in this field of law are the ones related to the rights of women and their empowerment. Violence
against this section of the society has been one of the most common and ancient practices being
followed in India. Particularly, in the year 2012 violence in the form of rape and murder has
stirred the entire nation as well as the world. The incident which took place in the name of
Nirbhaya case is one of the most heinous ways in which the women rights, and especially the
basic human rights have been violated (Beitz, 2011). This was one of the cases which was
condemned by all the nations of the world and led India to face criticism for not being able to
protect the human rights of the nation.
In respect to the same, it has been noted that the legal framework and Human Rights
Commission in the nation is not efficient enough to employ measures for preventing as well as
punishing such henious crimes being committed against women of the nation. Another shocking
violation of human rights was encountered in one of the states of Uttar Pradesh, where allegedly
there was an order by the village council to rape two sisters of a village, in order to make them
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pay for the sins committed by their brother got married to a woman from higher caste. These
incidents clearly demonstrate the manner in which the citizens have been guaranteed their human
rights or the fundamental rights to dignity and lead their life (Freeman, 2011).
Apart from these violations of the human rights, there exists various other instances
which are perpetrated in the same direction. It is important to note that thought there have always
been practices which were in violation of human rights, a great amount of deterioration was
caused by the British Raj in the nation, which lasted for about 200 years or more. The Colonial
experience of the nation had directed India to form a specific perspective in relation to human
rights, which is further accountable for the inability of state to restrict the security personnel to
openly violate the principles of human rights and develop a culture in furtherance to the same.
One of the major issue that has affected the human rights in India by British colonization is
Human Trafficking. It consists of various types of human rights violations which extends up to
slavery to sex. According to the survey, India is the country with the highest rate of human
trafficking due to the reason that the laws made in respect of human rights are vague and not
clear. British colonisation and rule had a negative impact as it introduced human rights violations
of the citizens of India (Bajaj, 2011). Violence in breach of peace is one of the ways in which the
British Raj hampered the human rights in India. It can be related to the time of April, 13, 1919 on
which the rulers killed around more than 10,000 people in the Jallianwala Bagh massacre. It has
been further evaluated that in the form of austere differences among Dalit people a grave form of
non-compliances is being practices in the nation, which in essence is a result of the policies and
strategies of British governance. It depicts the situation in which the people are not able to
express their views and expressions with freedom. It has been continued from the rule of British
rulers.
Another consequence which the nation has been facing is that of poverty, which can also
be connected to instances of violation of human rights. It is all about rights of an individual
which means all men's and women are treated equally without discriminating them on the basis
of caste, religion, colour, gender. Simply human right shows the equality amongst all the people.
However, the extent of poverty prevalent in the nation has led to denial of the right to live their
life with respect and dignity. Moreover, it has been observed that the working conditions
prevalent especially in the un-organized sector has further led to denial of these rights. These
trends could also be witnessed in other industries as well, wherein larger companies are getting
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their production or manufacturing by the labour (Alston and Goodman, 2012). One such incident
was witnessed in the year 2012, where in the Human Rights Tribunal dealt with a case wherein
the production houses of high street clothing stores were alleged to pay low wages and abuse the
workers. The garment industry was under consideration while dealing with the case. Some of the
specific names which were highlighted are H&M, Walmart, GAP and such other brands. It is
being alleged that this industry has failed to provide a healthy workplace for the workers. The
working hours have been made in humane, for wages which are even lower than the minimum
required. It has also been observed that the female workers are not given their basic right to
maternity and made to work in such times as well. Apart from this high targets are given to be
accomplished in limited time period. The workers are subjected to both physical and verbal
harassment, which impacts their health (India's clothing workers: 'They slap us and call us dogs
and donkeys', 2012).
Another reason which can be considered for increased violation in the cases of poverty is
unawareness and needs. The poor and needy section of the society is doesn't know about the
rights which are available to each and every human. Poverty is one of the major issue in today's
world because of illiteracy as there is absence of educated people which resulted in the
exploitation of human rights. Basically it is understood that poverty is a result of discrimination,
lack of equality, illiteracy, uneducated people and exclusion of the lower sections of the society.
Poverty is a very broad issue in the Indian society because due to the violation of human rights
poor people are not able to fulfil their needs and wants as they don't even get a chance to earn
something for them (Sezgin, 2013). Due to the exploitation of human rights overall development
of country get influenced because weaker people don't even know their rights. In consequence of
these practices the poorer section of the society is being denied basic human rights in the form of
hunger, absence of education facility, lack of opportunities, unfriendly and unhygienic area.
Subjecting communities and societies to class differences is another instance wherein
India has shown incidents of grave violation of human rights. In accordance to Human Rights
law every person has the right to access the services being provided by the government or other
agencies. In addition, they also have the right to equal opportunities in respect to different
aspects of life. Contrary to this viewpoint, the Indian community has been divided into upper and
lower castes, which is marked by groups such as STs, SCs, OBCs and such minorities, which
have been deprived of the basic human rights and have been made vulnerable in nature. From the
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time immemorial these communities have been enslaved by the higher caste people completely
against their basic human rights (Bhagavan, 2010). These class of people are considered like
animals or are not provided with basic right to access the common public places such as temples,
parks and so on. Sex Slavery is one of the examples which is attached with the practice of caste
differences prevalent in the ancient India. In the recent years, the condition of the society has
improved manifold, however, there are various instances which could be observed in different
parts of the country. The Constitution of India has a specific section dealing with rights of these
communities in the form of Article 341, 342, 340 and lastly, Article 30 for providing the right to
minorities in respect to administration of education. However, it has been observed that the
intention of these constitutional provisions cannot be catered, unless the society and their
mindset is specifically improved. Apart from the mentioned instances of violation of human
rights there are various other aspects which needs consideration in respect to violation of human
rights. Some of these are Children's Right to education or hygiene or to lead a normal life, Rights
in relation of sexual orientation as well as Gender Identity, Disability Rights, Restriction on
Freedom of Speech, Palliative Care and such other areas which have been into violation of
human rights in India.
From the positive perspective the nation has established absolutely dedicated institutions
or Commissions, on the basis of high importance which is catered by the Indian Constitution
towards the fundamental rights (Hopgood, 2013). Though, on the basis of these developments,
India's stand and growth in this perspective has not been consistent both at domestic and
international level. In pursuance to the same, it is stated that the government of the nation is
opposed to expansion of International Human Rights regime over India, therefore leading to less
compliance of these obligations in respect to the domestic mechanisms installed for ensuring
human rights. The Indian government has maintained silence since 2000, in respect to
international issues of human rights. On basis of the same, it can be stated that the approach of
the State is highly discreet towards the human rights and is also based upon the principle of non-
interference in the domestic affairs of other nations.
The contemporary situation of human rights in India is inconsistent and the mechanism
for implementation of the same has been observed to be inefficient to effectively redress the
grievances (Rani, 2010). It has been observed that the groups defending human rights are not
safe and the working space for these people have been shrinking. The current BJP government
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which is in power has shown various instances of the tough stand in respect to human rights. In
accordance to some, the rise of BJP in the year 2014 has created immense troubles in respect to
the defenders of human rights. These trends could be witnessed from the cancellation of various
NGO licenses and enhanced restrictions on the operations of such organizations. Free expression
has been restricted by the government at various instances wherein an increased hostility could
be reflected towards the supporters or defenders of human rights. On the contrary, the country
has also experienced certain positive developments. The present government of PM Narendra
Modi has undertaken various measures for economically marginalized group of Indians, to
ensure access to effective financial services in the form of insurance, pensions and banking, in
order to improve the quality of life being spent by them (Clapham, 2015). Moreover, it has also
been observed that the government has launched a successful campaign for improving the
condition of modern sanitation for each of the household in the nation. In respect to the same, it
can be stated that there are some areas which the government is addressing in order to provide
human rights to different sections of the nation. It has been ascertained this is likely to improve
the living conditions which prevails in the society in different sections.
On the other hand, the nation has also been witnessing judicial activism for protecting the
human rights, which could be witnessed from the decision of Supreme Court in July, in respect
to Armed Forces (Special Powers) Act (AFSPA). In pursuance to this judgement it has been
established that the armed forces or the soldiers shall no more be protected against prosecution
for abuses undertaken while deploying armed conflicts. Moreover, there is another ruling in
pursuance to which the court while dealing with a challenge to criminalization of homosexuality,
rendered the discriminatory law as unlawful. Apart from these decisions, the apex court has
delivered many judgements can be characterized as the finest works of judiciary in the subject of
human rights. The case of Naz Foundation v. Govt of NCT of Delhi (2009) wherein it has been
declared that Section 377 of IPC as unconstitutional, for criminalizing the sexual acts of
homosexuals. This was one of the first kinds of a judgement delivered by the court, which
however, was overturned in 2013. However, this could be marked as one of the first attempts
made by the apex court in recognizing the human rights of homosexuals. Further, in the year
2014 the court recognized the Third gender in the case of National Legal Services Authority v.
Union of India (2014), wherein it has been specifically stated that the transgender shall also be
treated as human being and be able to enjoy all the human rights with dignity (40 landmark
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judgements that changed the course of India, 2015). It can be established from these judgements
and the prevailing conditions that the nation has made tremendous improvements in certain areas
of life, with the assistance of both judiciary and executive. Thus, in the recent years some
remarkable measures have been undertaken by the authorities of the nation, in order to promote
human rights. However, there still remains certain areas which needs improvements and attention
of these bodies to specifically cater to these issues. In respect to the same, it can also be stated
that there are certain areas of human rights violation which do not reach the court or has never
been addressed by the government. In pursuance to the same, it can be stated that full realization
of the principles of human rights is absolutely a distant dream.
In pursuance to the same it is noted that there exists various areas which needs
intervention for advocacy for improvement in implementation of human rights. Thus, there arises
an urgent requirement for civil societies as well as human right defenders to advocate for
amendments in the structure and functions of Human Right Commission. Thus, there is a need to
improve the functional efficiency of the Commission in the capacity of protectors as well as
promoters of the human rights (Desai and et. al., 2010). In order to ensure reduction of human
rights violation in the nation, it is essential that the Commission shall be given the powers to
immediately enforce their decisions as this is likely to enhance the effectiveness of human rights.
This is essence shall reduce the time consumed in persuading the government departments for
implementation of certain recommendations of the Commission. On the other hand, it shall also
not require them to go through the judicial process for making the government take a requisite
action. It is noted that the number of incidents of human right violation are high in areas of
insurgency as well as internal conflicts. However, the Human Rights Commission in India has
been restricted from conducting an independent investigation against military or security forces.
This in essence has the effect of compounding more problems and encourages the culture
supporting impunity. Therefore, there shall be a provision allowing atleast the National
Commission to summon documents as well as witnesses for dealing with incidents in these
vulnerable sections of the society. Apart from the mentioned human rights violation, it has been
witnessed that the nation is prone to many forms of practices which are particularly inflicted by
the police department of nation. In respect to the same it is recommended that there shall be a
separate or distinct agency for investigating complaints in relation to police (The Politics of
Human Rights in India: Past, Present and Future, 2016). India can take inspiration from UK or
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other nations which have installed an Independent Police Complaint Commission, thus keeping a
check on their actions.
The above stated recommendations are likely to bring only qualitative improvements in
the system, however, the actual challenge is in respect to bringing a change in the ideology of the
government as well as the society. Induction of progressive ideas and thoughts shall enable the
nation to witness improvement and achieve the distant dream of a society with no violation of
human rights. In pursuance to the same, the Civil society groups shall undertake efforts to
mobilise individuals across the country with the intention of advocating the requisite strategies
(Beitz, 2011). It is important to understand, the reform initiatives for improving the human right
conditions of the society shall be able to bear fruits only if an active interest in taken by ordinary
citizens in respect to good governance as well as human rights.
It can be inferred from the discussion that historical trends of the nation has led to some
really grave and heinous acts in violation of human rights. One of the core sources which have
inspired these activities are the policies and strategies prevalent during the period of colonisation.
However, pursuant to the same the nation has undertaken certain really serious measures for
catering to this issue. Over the period of past few years, it has also been witnessed that the
Judiciary of the nation along with the executive has occupied an active role in bringing about a
change in some of the discriminatory practices existing in the framework since colonial times. In
consequence to the same, a significant improvement can be reflected in the society. However,
there is still a lot more issues to be addressed by these authorities for attaining the distant dream.
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REFERENCES
Books and Journals
Alston, P. and Goodman, R., 2012. International human rights. Oxford University Press.
Bajaj, M., 2011. Schooling for social change: The rise and impact of human rights education in
India. A&C Black.
Bajaj, M., 2011. Teaching to transform, transforming to teach: Exploring the role of teachers in
human rights education in India. Educational Research. 53 (2). pp. 207-221.
Beitz, C. R., 2011. The idea of human rights. Oxford University Press.
Bhagavan, M., 2010. A new hope: India, the United Nations and the making of the universal
declaration of human rights. Modern Asian Studies. 44 (02). pp. 311-347.
Clapham, A., 2015. Human rights: a very short introduction. OUP Oxford.
Cook, R. J. ed., 2012. Human rights of women: National and international perspectives.
University of Pennsylvania Press.
Desai, S. B. and et. al., 2010. Human development in India. New York: Oxford University.
Donnelly, J., 2013. Universal human rights in theory and practice. Cornell University Press.
Freeman, M., 2011. Human rights: an interdisciplinary approach. Polity.
Hopgood, S., 2013. The endtimes of human rights. Cornell University Press.
Kempadoo, K., Sanghera, J. and Pattanaik, B., 2015. Trafficking and prostitution reconsidered:
New perspectives on migration, sex work, and human rights. Routledge.
Kumar, C. R., 2011. Corruption and Human Rights in India.
Lauren, P. G., 2011. The evolution of international human rights: Visions seen. University of
Pennsylvania Press.
Rani, G. S., 2010. Women’s education in India—An analysis. Asia-Pacific Journal of Social
Sciences. 2 (1). pp. 106-124.
Sezgin, Y., 2013. Human rights under state-enforced religious family laws in Israel, Egypt and
India. Cambridge University Press.
Sinha, C., 2013. Human Rights in India.
Online
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<http://www.dailyo.in/variety/40-landmark-judgments-supreme-court-indian-judiciary-26-
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India's clothing workers: 'They slap us and call us dogs and donkeys', 2012. Available through:
<https://www.theguardian.com/world/2012/nov/25/india-clothing-workers-slave-wages>.
[Accessed on 24th April 2017].
The Politics of Human Rights in India: Past, Present and Future, 2016. Available through:
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