essay on human rights act in india

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Essay on Human Rights: Samples in 500 and 1500

• Updated on  
• Dec 9, 2023

Essay writing is an integral part of the school curriculum and various academic and competitive exams like IELTS , TOEFL , SAT , UPSC , etc. It is designed to test your command of the English language and how well you can gather your thoughts and present them in a structure with a flow. To master your ability to write an essay, you must read as much as possible and practise on any given topic. This blog brings you a detailed guide on how to write an essay on Human Rights , with useful essay samples on Human rights.

This Blog Includes:

The basic human rights, 200 words essay on human rights, 500 words essay on human rights, 500+ words essay on human rights in india, 1500 words essay on human rights, importance of human rights, essay on human rights pdf.

Also Read: Essay on Labour Day

Also Read: 1-Minute Speech on Human Rights for Students

What are Human Rights

Human rights mark everyone as free and equal, irrespective of age, gender, caste, creed, religion and nationality. The United Nations adopted human rights in light of the atrocities people faced during the Second World War. On the 10th of December 1948, the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR). Its adoption led to the recognition of human rights as the foundation for freedom, justice and peace for every individual. Although it’s not legally binding, most nations have incorporated these human rights into their constitutions and domestic legal frameworks. Human rights safeguard us from discrimination and guarantee that our most basic needs are protected.

Did you know that the 10th of December is celebrated as Human Rights Day ?

Before we move on to the essays on human rights, let’s check out the basics of what they are.

Also Read: What are Human Rights?

Also Read: 7 Impactful Human Rights Movies Everyone Must Watch!

Here is a 200-word short sample essay on basic Human Rights.

Human rights are a set of rights given to every human being regardless of their gender, caste, creed, religion, nation, location or economic status. These are said to be moral principles that illustrate certain standards of human behaviour. Protected by law , these rights are applicable everywhere and at any time. Basic human rights include the right to life, right to a fair trial, right to remedy by a competent tribunal, right to liberty and personal security, right to own property, right to education, right of peaceful assembly and association, right to marriage and family, right to nationality and freedom to change it, freedom of speech, freedom from discrimination, freedom from slavery, freedom of thought, conscience and religion, freedom of movement, right of opinion and information, right to adequate living standard and freedom from interference with privacy, family, home and correspondence.

Also Read: Law Courses

Check out this 500-word long essay on Human Rights.

Every person has dignity and value. One of the ways that we recognise the fundamental worth of every person is by acknowledging and respecting their human rights. Human rights are a set of principles concerned with equality and fairness. They recognise our freedom to make choices about our lives and develop our potential as human beings. They are about living a life free from fear, harassment or discrimination.

Human rights can broadly be defined as the basic rights that people worldwide have agreed are essential. These include the right to life, the right to a fair trial, freedom from torture and other cruel and inhuman treatment, freedom of speech, freedom of religion, and the right to health, education and an adequate standard of living. These human rights are the same for all people everywhere – men and women, young and old, rich and poor, regardless of our background, where we live, what we think or believe. This basic property is what makes human rights’ universal’.

Human rights connect us all through a shared set of rights and responsibilities. People’s ability to enjoy their human rights depends on other people respecting those rights. This means that human rights involve responsibility and duties towards other people and the community. Individuals have a responsibility to ensure that they exercise their rights with consideration for the rights of others. For example, when someone uses their right to freedom of speech, they should do so without interfering with someone else’s right to privacy.

Governments have a particular responsibility to ensure that people can enjoy their rights. They must establish and maintain laws and services that enable people to enjoy a life in which their rights are respected and protected. For example, the right to education says that everyone is entitled to a good education. Therefore, governments must provide good quality education facilities and services to their people. If the government fails to respect or protect their basic human rights, people can take it into account.

Values of tolerance, equality and respect can help reduce friction within society. Putting human rights ideas into practice can help us create the kind of society we want to live in. There has been tremendous growth in how we think about and apply human rights ideas in recent decades. This growth has had many positive results – knowledge about human rights can empower individuals and offer solutions for specific problems.

Human rights are an important part of how people interact with others at all levels of society – in the family, the community, school, workplace, politics and international relations. Therefore, people everywhere must strive to understand what human rights are. When people better understand human rights, it is easier for them to promote justice and the well-being of society. 

Also Read: Important Articles in Indian Constitution

Here is a human rights essay focused on India.

All human beings are born free and equal in dignity and rights. It has been rightly proclaimed in the American Declaration of Independence that “all men are created equal, that they are endowed by their Created with certain unalienable rights….” Similarly, the Indian Constitution has ensured and enshrined Fundamental rights for all citizens irrespective of caste, creed, religion, colour, sex or nationality. These basic rights, commonly known as human rights, are recognised the world over as basic rights with which every individual is born.

In recognition of human rights, “The Universal Declaration of Human Rights was made on the 10th of December, 1948. This declaration is the basic instrument of human rights. Even though this declaration has no legal bindings and authority, it forms the basis of all laws on human rights. The necessity of formulating laws to protect human rights is now being felt all over the world. According to social thinkers, the issue of human rights became very important after World War II concluded. It is important for social stability both at the national and international levels. Wherever there is a breach of human rights, there is conflict at one level or the other.

Given the increasing importance of the subject, it becomes necessary that educational institutions recognise the subject of human rights as an independent discipline. The course contents and curriculum of the discipline of human rights may vary according to the nature and circumstances of a particular institution. Still, generally, it should include the rights of a child, rights of minorities, rights of the needy and the disabled, right to live, convention on women, trafficking of women and children for sexual exploitation etc.

Since the formation of the United Nations , the promotion and protection of human rights have been its main focus. The United Nations has created a wide range of mechanisms for monitoring human rights violations. The conventional mechanisms include treaties and organisations, U.N. special reporters, representatives and experts and working groups. Asian countries like China argue in favour of collective rights. According to Chinese thinkers, European countries lay stress upon individual rights and values while Asian countries esteem collective rights and obligations to the family and society as a whole.

With the freedom movement the world over after World War II, the end of colonisation also ended the policy of apartheid and thereby the most aggressive violation of human rights. With the spread of education, women are asserting their rights. Women’s movements play an important role in spreading the message of human rights. They are fighting for their rights and supporting the struggle for human rights of other weaker and deprived sections like bonded labour, child labour, landless labour, unemployed persons, Dalits and elderly people.

Unfortunately, violation of human rights continues in most parts of the world. Ethnic cleansing and genocide can still be seen in several parts of the world. Large sections of the world population are deprived of the necessities of life i.e. food, shelter and security of life. Right to minimum basic needs viz. Work, health care, education and shelter are denied to them. These deprivations amount to the negation of the Universal Declaration of Human Rights.

Also Read: Human Rights Courses

Check out this detailed 1500-word essay on human rights.

The human right to live and exist, the right to equality, including equality before the law, non-discrimination on the grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment, the right to freedom of speech and expression, assembly, association, movement, residence, the right to practice any profession or occupation, the right against exploitation, prohibiting all forms of forced labour, child labour and trafficking in human beings, the right to freedom of conscience, practice and propagation of religion and the right to legal remedies for enforcement of the above are basic human rights. These rights and freedoms are the very foundations of democracy.

Obviously, in a democracy, the people enjoy the maximum number of freedoms and rights. Besides these are political rights, which include the right to contest an election and vote freely for a candidate of one’s choice. Human rights are a benchmark of a developed and civilised society. But rights cannot exist in a vacuum. They have their corresponding duties. Rights and duties are the two aspects of the same coin.

Liberty never means license. Rights presuppose the rule of law, where everyone in the society follows a code of conduct and behaviour for the good of all. It is the sense of duty and tolerance that gives meaning to rights. Rights have their basis in the ‘live and let live’ principle. For example, my right to speech and expression involves my duty to allow others to enjoy the same freedom of speech and expression. Rights and duties are inextricably interlinked and interdependent. A perfect balance is to be maintained between the two. Whenever there is an imbalance, there is chaos.

A sense of tolerance, propriety and adjustment is a must to enjoy rights and freedom. Human life sans basic freedom and rights is meaningless. Freedom is the most precious possession without which life would become intolerable, a mere abject and slavish existence. In this context, Milton’s famous and oft-quoted lines from his Paradise Lost come to mind: “To reign is worth ambition though in hell/Better to reign in hell, than serve in heaven.”

However, liberty cannot survive without its corresponding obligations and duties. An individual is a part of society in which he enjoys certain rights and freedom only because of the fulfilment of certain duties and obligations towards others. Thus, freedom is based on mutual respect’s rights. A fine balance must be maintained between the two, or there will be anarchy and bloodshed. Therefore, human rights can best be preserved and protected in a society steeped in morality, discipline and social order.

Violation of human rights is most common in totalitarian and despotic states. In the theocratic states, there is much persecution, and violation in the name of religion and the minorities suffer the most. Even in democracies, there is widespread violation and infringement of human rights and freedom. The women, children and the weaker sections of society are victims of these transgressions and violence.

The U.N. Commission on Human Rights’ main concern is to protect and promote human rights and freedom in the world’s nations. In its various sessions held from time to time in Geneva, it adopts various measures to encourage worldwide observations of these basic human rights and freedom. It calls on its member states to furnish information regarding measures that comply with the Universal Declaration of Human Rights whenever there is a complaint of a violation of these rights. In addition, it reviews human rights situations in various countries and initiates remedial measures when required.

The U.N. Commission was much concerned and dismayed at the apartheid being practised in South Africa till recently. The Secretary-General then declared, “The United Nations cannot tolerate apartheid. It is a legalised system of racial discrimination, violating the most basic human rights in South Africa. It contradicts the letter and spirit of the United Nations Charter. That is why over the last forty years, my predecessors and I have urged the Government of South Africa to dismantle it.”

Now, although apartheid is no longer practised in that country, other forms of apartheid are being blatantly practised worldwide. For example, sex apartheid is most rampant. Women are subject to abuse and exploitation. They are not treated equally and get less pay than their male counterparts for the same jobs. In employment, promotions, possession of property etc., they are most discriminated against. Similarly, the rights of children are not observed properly. They are forced to work hard in very dangerous situations, sexually assaulted and exploited, sold and bonded for labour.

The Commission found that religious persecution, torture, summary executions without judicial trials, intolerance, slavery-like practices, kidnapping, political disappearance, etc., are being practised even in the so-called advanced countries and societies. The continued acts of extreme violence, terrorism and extremism in various parts of the world like Pakistan, India, Iraq, Afghanistan, Israel, Somalia, Algeria, Lebanon, Chile, China, and Myanmar, etc., by the governments, terrorists, religious fundamentalists, and mafia outfits, etc., is a matter of grave concern for the entire human race.

Violation of freedom and rights by terrorist groups backed by states is one of the most difficult problems society faces. For example, Pakistan has been openly collaborating with various terrorist groups, indulging in extreme violence in India and other countries. In this regard the U.N. Human Rights Commission in Geneva adopted a significant resolution, which was co-sponsored by India, focusing on gross violation of human rights perpetrated by state-backed terrorist groups.

The resolution expressed its solidarity with the victims of terrorism and proposed that a U.N. Fund for victims of terrorism be established soon. The Indian delegation recalled that according to the Vienna Declaration, terrorism is nothing but the destruction of human rights. It shows total disregard for the lives of innocent men, women and children. The delegation further argued that terrorism cannot be treated as a mere crime because it is systematic and widespread in its killing of civilians.

Violation of human rights, whether by states, terrorists, separatist groups, armed fundamentalists or extremists, is condemnable. Regardless of the motivation, such acts should be condemned categorically in all forms and manifestations, wherever and by whomever they are committed, as acts of aggression aimed at destroying human rights, fundamental freedom and democracy. The Indian delegation also underlined concerns about the growing connection between terrorist groups and the consequent commission of serious crimes. These include rape, torture, arson, looting, murder, kidnappings, blasts, and extortion, etc.

Violation of human rights and freedom gives rise to alienation, dissatisfaction, frustration and acts of terrorism. Governments run by ambitious and self-seeking people often use repressive measures and find violence and terror an effective means of control. However, state terrorism, violence, and human freedom transgressions are very dangerous strategies. This has been the background of all revolutions in the world. Whenever there is systematic and widespread state persecution and violation of human rights, rebellion and revolution have taken place. The French, American, Russian and Chinese Revolutions are glowing examples of human history.

The first war of India’s Independence in 1857 resulted from long and systematic oppression of the Indian masses. The rapidly increasing discontent, frustration and alienation with British rule gave rise to strong national feelings and demand for political privileges and rights. Ultimately the Indian people, under the leadership of Mahatma Gandhi, made the British leave India, setting the country free and independent.

Human rights and freedom ought to be preserved at all costs. Their curtailment degrades human life. The political needs of a country may reshape Human rights, but they should not be completely distorted. Tyranny, regimentation, etc., are inimical of humanity and should be resisted effectively and united. The sanctity of human values, freedom and rights must be preserved and protected. Human Rights Commissions should be established in all countries to take care of human freedom and rights. In cases of violation of human rights, affected individuals should be properly compensated, and it should be ensured that these do not take place in future.

These commissions can become effective instruments in percolating the sensitivity to human rights down to the lowest levels of governments and administrations. The formation of the National Human Rights Commission in October 1993 in India is commendable and should be followed by other countries.

Also Read: Law Courses in India

Human rights are of utmost importance to seek basic equality and human dignity. Human rights ensure that the basic needs of every human are met. They protect vulnerable groups from discrimination and abuse, allow people to stand up for themselves, and follow any religion without fear and give them the freedom to express their thoughts freely. In addition, they grant people access to basic education and equal work opportunities. Thus implementing these rights is crucial to ensure freedom, peace and safety.

Human Rights Day is annually celebrated on the 10th of December.

Human Rights Day is celebrated to commemorate the Universal Declaration of Human Rights, adopted by the UNGA in 1948.

Some of the common Human Rights are the right to life and liberty, freedom of opinion and expression, freedom from slavery and torture and the right to work and education.

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Sonal is a creative, enthusiastic writer and editor who has worked extensively for the Study Abroad domain. She splits her time between shooting fun insta reels and learning new tools for content marketing. If she is missing from her desk, you can find her with a group of people cracking silly jokes or petting neighbourhood dogs.

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Evolution of Human Rights in India, Types, Characteristics, Importance

Evolution of human rights can be traced back to ancient civilizations and it is an ongoing process. Know all about Evolution of Human Rights in India, its Types, Characteristics and Importance here.

Table of Contents

Evolution of Human Rights

Throughout history, the idea of human rights has been an evolving force, gradually taking shape and gaining momentum to become a cornerstone of modern societies. From ancient civilizations to the Enlightenment era’s profound philosophies, the journey of human rights has been marked by milestones that have shaped the way we view individual liberties, dignity, and equality. Read this article to learn about it in detail. 

Human Rights Definition

Human rights are fundamental entitlements and protections that belong to every person, regardless of their gender, age, or nationality, simply because they are human beings. These rights are considered inherent, meaning they are not granted by any government or authority but are part of our basic humanity. The concept of human rights is rooted in the idea of human dignity, recognizing the inherent worth and value of every individual.

These rights encompass a wide range of principles and freedoms that aim to ensure individuals can live with dignity, security, and the ability to make choices about their lives. They are derived from the understanding that every person is born free and equal in dignity and rights and possesses reason and conscience, which should guide their interactions with others in a spirit of brotherhood.

Human rights are not limited to a specific group or country but are universal and apply to all people worldwide. They are the foundation for a just and fair society and serve as a safeguard against discrimination, oppression, and abuse.

Read about: UN Human Rights Council 

Categories of Human Rights

Human rights can be categorized into different types:

• Civil and Political Rights : These include the right to life, freedom of speech, freedom of religion, and the right to a fair trial. They protect individuals from government interference in their personal and political affairs.
• Economic, Social, and Cultural Rights : These encompass rights related to basic needs such as the right to education, the right to work, the right to health, and the right to a standard of living that ensures well-being.
• Collective or Group Rights : Some rights are specific to particular groups, such as the right to self-determination for indigenous peoples or the right to participate in cultural, religious, or linguistic communities.

Human rights are enshrined in various international documents, with the Universal Declaration of Human Rights adopted by the United Nations in 1948 being a cornerstone. These rights are protected by both international and domestic laws and are monitored and enforced by governments, international organizations, and human rights advocates to ensure that individuals are treated with respect and dignity.

Importance of Human Rights

Human rights matter for several crucial reasons:

Basic Needs and Dignity

Human rights are crucial because they make sure that every person can have basic things like food, clean water, a place to live, clothes, and medicine. These rights protect a person’s dignity, ensuring they are treated with respect.

Protection for Vulnerable Groups

Human rights also help safeguard vulnerable groups in society. They were created after the terrible events of World War II , like the Holocaust, where not only Jewish people but also those with disabilities and the LGBT community were targeted. Human rights organizations focus on protecting those who are most likely to be mistreated or discriminated against.

Standing Up Against Corruption

These rights give people the power to speak out when they see abuse or corruption happening. This is important because no society is perfect, and human rights tell people that they deserve to be treated with dignity by society, whether it’s the government or their workplace. When this dignity is denied, people can use their human rights to stand up for themselves.

Freedom of Speech

Another essential aspect is the freedom to express our thoughts without being afraid of getting in trouble. It’s not just about speaking out but also about allowing people to have different ideas and opinions without fearing punishment. This freedom protects individuals who want to discuss or argue about various ideas within society.

Religious and Spiritual Freedom

Human rights recognize how important a person’s religion or spiritual beliefs are. They ensure that people can practice their religion peacefully. At the same time, they also give the freedom to choose not to follow any religion if that’s what someone believes.

Freedom to Love

The right to choose who to love is extremely important. It means that people can decide their romantic relationships without being forced into something they don’t want. In countries where these rights are not protected, people, especially from the LGBT community, may face oppression and abuse.

Equal Work Opportunities

Human rights make sure that everyone has a fair chance to work and make a living. They prevent unfair treatment or discrimination in the workplace, promoting equality among all workers.

Access to Education

Education is a crucial part of life, and human rights ensure that everyone, not just a select few, has access to schooling, books, and other learning materials. This helps break the cycle of poverty and creates a fairer society.

Environmental Protection

Human rights are also connected to protecting the environment. Clean air, water, and soil are considered essential rights because they directly affect people’s well-being. If these rights are not respected, it can harm human lives.

Read about: State Human Rights Commission

Three Generations of Human Rights

First-generation human rights (blue rights).

These are like the foundation of human rights. They include things like the right to say what you think (freedom of expression), the right to vote, and the right to a fair trial. Imagine them as the “blue” rights, the fundamental ones that set the stage for other rights.

Second-Generation Human Rights (Red Rights)

These are about the things that make life better for people. Think of having a good education, access to healthcare when you’re sick, and the opportunity to work and earn a living. These are like the “red” rights, which add color to people’s lives and well-being.

Third-Generation Human Rights (Green Rights)

These are like the rights that protect not just individuals, but everyone together and our planet. They include the right to a clean environment, the right to development for all, and the right to live in peace. These are often called “green” rights because they’re about preserving our world for future generations.

Read about: National Human Rights Commission

Types of Human Rights

Human rights are of different types and can be categorized into the following categories. These categories of human rights are not mutually exclusive, and many rights overlap. Human rights are interdependent and indivisible, meaning that the enjoyment of one right often depends on the fulfilment of other rights. Additionally, the concept of human rights is dynamic, and new rights may emerge as society’s understanding of human dignity and justice evolves over time.

• Legal Rights : Legal rights are those rights that are recognized and protected by law. They are enforceable through the legal system. For example, the right to a fair trial and the right to property are legal rights.
• Moral Rights : Moral rights are based on principles of fairness and justice and may not always be legally enforceable. These rights are rooted in ethical and moral beliefs about what is right and wrong. For example, the right to be treated with dignity and respect is a moral right.
• Civil Rights : Civil rights are the fundamental rights and freedoms that protect individuals from government interference in their personal and political affairs. They include the right to life, freedom of speech, freedom of religion, and the right to a fair trial.
• Political Rights : Political rights pertain to the ability of individuals to participate in the political processes of their country. These rights include the right to vote, the right to run for public office, and the right to freedom of political association.
• Social Rights : Social rights are related to the well-being and social security of individuals. They encompass rights such as the right to education, the right to work, and the right to health care. Social rights aim to ensure that individuals have access to essential social services.
• Economic Rights : Economic rights are rights that relate to economic well-being and financial security. They include the right to work, the right to fair wages, and the right to own property. Economic rights aim to protect individuals from economic exploitation.
• Cultural Rights : Cultural rights are rights that protect an individual’s cultural identity and heritage. They include the right to participate in cultural, religious, or linguistic communities and the right to preserve one’s cultural heritage.
• Group Rights : Group rights, also known as collective rights, pertain to the rights of specific groups of people, such as indigenous peoples, minorities, or communities. These rights may include the right to self-determination, the right to cultural autonomy, and the right to participate in decision-making that affects the group.
• Solidarity Rights : Solidarity rights focus on the collective well-being of society as a whole. These rights include the right to development, the right to peace, the right to a clean environment, and the right to one’s own natural resources. Solidarity rights emphasize the interconnectedness of all members of society.

The concept of “rights” and “duties” has ancient roots, dating back to the emergence of human societies and the formation of states. As humans are inherently social beings, the issue of rights and their associated duties naturally arose in the context of individuals’ interactions within a society and their relationship with the governing authority. Over time, norms of social behaviour developed, eventually crystallizing into what we now recognize as human rights.

These early notions of rights can be traced back to various historical and cultural contexts, such as ancient Greek and Roman political systems in Europe, the Confucian system in China, the Islamic political system in the Muslim world, and the “Panchayat” system in India. However, it’s important to note that the concept of rights in these systems was not fully developed in the way we understand it today.

Significant Historical Events and Revolutions

Several significant historical events and revolutions played pivotal roles in the development of human rights:

• British Constitutional Documents : The Magna Carta (1215), the Petition of Rights (1628), and the Bill of Rights (1689) in England were early charters that placed restrictions on the powers of the monarchy, paving the way for the rule of law.
• American Declaration of Independence : The American Declaration of Independence in 1776 introduced ideas of human rights, stating that “all men are created equal” and have “unalienable rights” to life, liberty, and the pursuit of happiness.
• French Declaration of the Rights of Man and Citizen: The French Declaration of the Rights of Man and Citizen in 1789 recognized numerous rights, including equality, freedom of thought, religion, and property rights.
• Bolshevik Revolution : The Bolshevik Revolution of 1917 introduced socio-economic dimensions to human rights, emphasizing positive rights related to economic and social well-being, in addition to civil and political rights.
• League of Nations : The League of Nations was established after World War I and was mandated to supervise the enforcement of minorities’ rights treaties, addressing issues related to the protection of minority populations.
• International Labor Organization (ILO) : Founded in 1919 and later becoming a specialized agency of the United Nations, the ILO established international labour standards related to workers’ rights, fair employment practices, and social security.
• Abolition of Slavery : International treaties emerged in the 19th century aimed at the abolition of slavery, condemning the practice and promoting freedom.
• Humanitarian Intervention (HI ): The doctrine of humanitarian intervention emerged, recognizing the lawful use of force by states to prevent the mistreatment of a nation’s own citizens, especially in cases of severe brutality.
• International Humanitarian Law (IHL) : International humanitarian law, with treaties dating back to the 19th century, regulates the conduct of armed conflict, protecting the rights of wounded soldiers, prisoners of war, and civilian populations.

The United Nations, established in 1945, played a pivotal role in the evolution of human rights. The UN Charter emphasized the importance of human rights, and the Universal Declaration of Human Rights (UDHR), adopted by the UN General Assembly on December 10, 1948, marked a significant milestone. The UDHR outlined a comprehensive set of human rights, encompassing both civil and political rights and economic, social, and cultural rights.

Since then, the UN has continued to develop international conventions, treaties, and declarations on human rights, addressing a wide range of issues and promoting the universality of human rights. These efforts have contributed to the ongoing evolution of human rights norms and standards on a global scale.

Characteristics of Human Rights

Human rights possess several key characteristics that distinguish them from other forms of rights or privileges. These characteristics help define the nature and significance of human rights:

• Universal and Inherent : Human rights are like moral guidelines that apply to everyone just because they are human beings. You don’t have to earn them, buy them, or inherit them; they are automatically yours simply by being a human. They are tied to the idea of human dignity, meaning that every person deserves to be treated with respect and fairness.
• Non-Discrimination : These rights are for every person, regardless of their race, colour, sex, language, religion, political beliefs, national or social background, property, or any other status. In other words, human rights are for all and should not discriminate against anyone.
• Culturally Neutral : Human rights don’t favour one culture, ideology, or part of the world over another. They are designed to be fair and applicable everywhere, whether you’re in the East or West, North or South, developed or developing country, and regardless of your religious or cultural background.
• Comprehensive : Human rights cover a wide range of areas in life. They include things like the right to free speech and the right to live without discrimination, as well as economic rights like the right to work and social rights like the right to education. These rights are continually evolving and expanding as societies change and develop.
• Indivisible and Interrelated : Human rights aren’t separate from each other. They are all connected and equally important. You can’t have one without the others. For example, the right to education is linked to the right to work, as having a job allows you to access education. No right is more important than another; they all work together.
• Limitations : While human rights are essential, they are not absolute. In some situations, like during a war or a public emergency, some rights might be limited or restricted to protect things like national security, public order, or public health. However, these limitations must be reasonable and justifiable and should not violate the rights and freedoms of others.

Evolution of Human Rights in India

The evolution of human rights in India can be traced back to ancient times, but it was not until the British colonial era that the concept of human rights began to take on its modern form. The British introduced a number of laws and regulations that were designed to protect the rights of their subjects, including the Indian Penal Code (1860) and the Criminal Procedure Code (1898). However, these laws were often discriminatory and did not apply to all Indians equally.

During the Indian independence movement, human rights became a central issue. The leaders of the movement, such as Mahatma Gandhi and Jawaharlal Nehru, argued that human rights were essential for a free and democratic India.

After independence in 1947, the Indian government adopted the Constitution of India, which enshrined a number of fundamental rights for all citizens. These rights included the right to life, liberty, and equality; the right to freedom of speech and expression; and the right to freedom of religion.

Since independence, India has made significant progress in promoting and protecting human rights. However, there are still many challenges that need to be addressed. Human rights abuses continue to be committed in many parts of the country, and many people are still denied their basic human rights.

Here are some of the key milestones in the evolution of human rights in India:

• 1860:  The Indian Penal Code is enacted, which codifies the criminal laws of India.
• 1898:  The Criminal Procedure Code is enacted, which lays down the procedures for the investigation and trial of crimes.
• 1919: The Government of India Act was passed, which introduced some limited reforms to the colonial system of government.
• 1935:  The Government of India Act is passed, which grants a greater degree of autonomy to the provinces and introduces a system of responsible government.
• 1947:  India gains independence from the British Empire.
• 1950:  The Constitution of India is adopted, which enshrines a number of fundamental rights for all citizens.
• 1993:  The Protection of Human Rights Act is enacted, which establishes a National Human Rights Commission to investigate and inquire into allegations of human rights violations.

The evolution of human rights in India is an ongoing process. As society changes and develops, new human rights challenges emerge. It is important to continue to fight for the promotion and protection of human rights for all people.

Evolution of Human Rights UPSC

The topic of the “Evolution of Human Rights” holds significant importance for the UPSC (Union Public Service Commission) examination, as it aligns with several key aspects of the UPSC syllabus . It is covered under topics related to History, International Relations, and Contemporary Issues, which are integral components of the UPSC syllabus. Moreover, UPSC aspirants can learn this concept via UPSC online coaching platform and attempt UPSC mock tests to enhance their knowledge and preparation. A thorough grasp of this subject equips candidates with the knowledge and analytical skills necessary to excel in both the UPSC prelims and main examinations, enabling them to address questions related to human rights, international treaties, and global developments effectively.

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Evolution of Human Rights FAQs

What do you mean by human rights and explain the evolution of human rights.

Human rights are fundamental rights and freedoms that inherently belong to all individuals, irrespective of their nationality, ethnicity, or background, ensuring their dignity and protection from discrimination and harm.

How human rights evolved in India?

The evolution of human rights traces back to ancient civilizations, with significant developments occurring during the Enlightenment era in the 17th and 18th centuries.

When did human rights evolve?

In India, the evolution of human rights can be traced to ancient texts like the Arthashastra, but modern human rights began to take shape with the Indian Constitution in 1950.

What is the history of origin of human rights?

The concept of human rights evolved over centuries, with key milestones including the Magna Carta (1215), Enlightenment philosophies, and international efforts post-World War II.

Who is the father of human rights?

The concept of human rights does not have a single "father," but Enlightenment thinkers like John Locke and philosophers like Jean-Jacques Rousseau greatly contributed to its development.

Who started human rights in India?

Dr. B.R. Ambedkar played a significant role in shaping human rights in India through his involvement in drafting the Indian Constitution, which enshrines fundamental rights and freedoms.

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Human Rights And Indian Constitution: Critical Analysis

Meaning of human rights, human rights and human values, meaning of rights, human rights and indian constitution.

• Justice, social, financial, and political;
• Liberty of thought, articulation, conviction, confidence, and love;
• Equality of status and opportunity; and to advance among them all
• Fraternity guaranteeing the respect of the individual and the solidarity and trustworthiness of the Nation.
• that the residents, people similarly, reserve the privilege to a sufficient way to job;
• that the possession and control of the material assets of the network are so disseminated as best to support the benefit of all;
• that the activity of the monetary framework doesn't bring about the grouping of abundance and methods for creation to the normal impairment;
• that there is equivalent compensation for equivalent work for the two people;
•  'Right to Equality' signifies correspondence under the steady gaze of law, precluding any bias based on race, religion, position, doctrine, sex, or spot of birth. This privilege likewise implies a correspondence of chance concerning business, abrogation of distance, and furthermore cancellation of titles.  
• 'Right to opportunity' incorporates an array of rights, for example, right to discourse and articulation, option to amass calmly or to shape affiliation, option to move openly all through the region of India, right to life and freedom, option to dwell and get comfortable any piece of India, etc.  
• 'Right to Freedom Of Religion' is another significant key right that clarifies the embodiment of opportunity of soul, opportunity to declare any religion, opportunity to run strict issues, and opportunity to give strict directions in specific establishments.  
• 'Directly against Exploitation' discusses the forbidding of constrained work and restriction of work of youngsters in hazardous positions.  
• 'Social and Educational Rights' of our Constitution clarifies the protection of language and culture of minorities and right of minorities to set up' organizations.  
•  'Right to Constitutional Remedy' manages the option to move the courts for issuance of writs and clarifies the writs of: Habeas corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari. This privilege likewise sets out the advantages in regard to the National Commission on Minorities, the National Commission on Women, the National Commission on Scheduled Castes, and so on

The Role of NGOs in the Protection and Promotion of Human Rights

• The Government should strengthen its international commitment to prevent torture, which it affirmed when it ratified the Human Rights Covenants and agreed to the U.N. Declaration against Torture in 1979. In doing so, India declared that it would comply with the U.N. Declaration against Torture and implement its provisions through legal and other effective measures. The Government should now, like an increasing number of other countries throughout the world, accede to the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.  
• The Government should launch an intensive programme of legal rights education as a standard part of the training curriculum for all police and security forces personnel involved in the arrest, detention and interrogation of suspects. Actual practices amounting to torture should be clearly spelled out under the Indian Police/Prison Act and other legal instruments, and training courses meant for the police personnel and members of the security forces should be restructured with a focus on human rights for all. The obligations undertaken by India with regard to promotion and protection of human rights and the abolition of torture and cruel, degrading, inhuman treatment should also be focused on in the training programmes for the police personnel.  
• At the time of arrest, the persons should necessarily be examined medically at the instance of the police. Failure of the accused to make a request for such medical examination under Section 54 of the Code of Criminal Procedure should not exonerate the police from such liability.  
• The public and police/ prison officers should be trained in Cyber Crimes also.  
• There should be a statutory right to compensation. Effective machinery for redressal for victims of torture and custodial deaths should be established. In its continuing effort to end custodial violence, the judiciary has taken the view that the compensation due to the next of kin of those who have died in custodial torture should be the liability not just of the State Government, but also of the offending police officials themselves.  
• The legal machinery to combat torture should be strengthened in the interest of the public. The prohibition of torture and other cruel, inhuman or degrading treatment or punishment should be incorporated in the Constitution.  
• The Government should make a public commitment that torture or ill treatment of detainees in custody of the police or security forces will not be tolerated, and that it will ensure that such abuses will invariably lead to the perpetrators being brought to justice. 10)"Keeping in view the de-humanising aspect of such crimes against the detainees, the flagrant violation of their fundamental rights, and the growing rise in crimes of this type, where only a few come to light and others don't, the Government and the legislature should give a serious thought to the recommendations of the Law Commission and bring about appropriate changes in the system to not only curb custodial crimes but also to see that custodial crimes do not go unpunished."  
• Mobile jammers should be installed in all prisons/ sensitive places.

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Essay on Human Rights Violation in India

Students are often asked to write an essay on Human Rights Violation in India in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.

Let’s take a look…

100 Words Essay on Human Rights Violation in India

Introduction.

Human rights are basic rights that every person should enjoy, regardless of nationality, sex, ethnicity, or religion. Unfortunately, in India, human rights violations occur frequently.

Types of Violations

India sees various types of human rights violations. These include child labor, discrimination, violence against women, and more. These violations deny people their basic rights.

The causes of human rights violations in India are many. They include poverty, lack of education, and societal norms that discriminate against certain groups.

Addressing human rights violations in India is critical. Everyone deserves to live with dignity and respect. It’s important to educate people and change societal norms to protect human rights.

250 Words Essay on Human Rights Violation in India

Human rights are fundamental rights inherent to all individuals, regardless of nationality, sex, ethnicity, religion, or any other status. However, the violation of these rights is a global issue, with India being no exception. Despite India’s robust constitutional framework guaranteeing human rights, there are numerous instances of their infringement.

Key Areas of Violation

In India, human rights violations are particularly prevalent in areas like gender inequality, caste discrimination, and police brutality. Women and girls often face gender-based violence, including domestic violence, rape, and honor killings. The caste system, despite being officially abolished, still leads to discrimination, violence, and social exclusion of Dalits and Adivasis. Police brutality, often targeted at marginalized communities, is another grave concern, with many instances of torture, extrajudicial killings, and forced confessions.

Role of Legislation and Judiciary

The Indian Constitution provides for fundamental rights, and the judiciary has often been proactive in safeguarding them. However, laws like the Armed Forces Special Powers Act (AFSPA) and the Unlawful Activities Prevention Act (UAPA) have been criticized for enabling human rights abuses.

While India has made progress in addressing human rights violations, much work remains. The government, civil society, and citizens must work together to ensure that all individuals enjoy their fundamental rights. This involves not only strengthening laws and their enforcement but also addressing deep-seated societal prejudices and structures that perpetuate these violations. Only then can India fully realize its commitment to upholding human rights.

500 Words Essay on Human Rights Violation in India

India, the world’s largest democracy, holds a complex relationship with human rights. Despite its constitutional commitment to safeguard citizens’ rights, numerous instances of human rights violations are reported annually. This essay aims to discuss the various aspects of human rights violations in India, providing a comprehensive understanding of the issue.

The Landscape of Human Rights in India

The Indian constitution incorporates a broad spectrum of human rights, reflecting the principles laid down in the Universal Declaration of Human Rights. However, the implementation of these rights remains a significant challenge. The violation of human rights in India is multifaceted, ranging from discrimination and violence to suppression of freedom of speech and expression.

Discrimination and Violence

India’s social fabric is riddled with caste-based and religious discrimination, leading to widespread human rights violations. Dalits and religious minorities often face systemic discrimination, resulting in limited access to education, employment, and basic amenities. Gender-based violence, particularly against women, is another pressing issue. Despite legal provisions, crimes like domestic violence, sexual harassment, and rape are alarmingly prevalent.

Freedom of Speech and Expression

The freedom of speech and expression, a fundamental human right, is often suppressed in India. Journalists, activists, and citizens expressing dissent are frequently subjected to harassment, intimidation, or even imprisonment. The misuse of draconian laws like the Unlawful Activities (Prevention) Act and the Sedition Law to silence critics further undermines human rights.

Political Violence and Extrajudicial Killings

Political violence, often resulting in extrajudicial killings, is another facet of human rights violations in India. The armed forces, under the cover of laws like the Armed Forces Special Powers Act (AFSPA), have reportedly committed human rights abuses in regions like Jammu and Kashmir and the Northeast. Impunity for such acts further exacerbates the issue.

Addressing Human Rights Violations

Addressing human rights violations in India requires a comprehensive approach. Legal reforms to repeal or amend draconian laws and strict enforcement of existing laws protecting human rights are necessary. Enhancing the independence of institutions like the National Human Rights Commission can ensure unbiased investigations into human rights abuses. Additionally, societal changes to eradicate discrimination and promote inclusivity are crucial.

While India has made strides in several areas, the persistent human rights violations pose a significant challenge to its democratic ethos. The fight for human rights in India is a fight for the soul of the nation itself. It is a continuous struggle to uphold the principles of equality, justice, and freedom that form the bedrock of any democratic society. As responsible citizens, it is incumbent upon us to be vigilant, to question, and to demand accountability from those in power. Only then can we hope to curtail human rights violations and build a truly inclusive and just society.

That’s it! I hope the essay helped you.

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Protection of Human Rights in India: Women, Children and Prisoners

Introduction.

Human Rights are the most basic and essential rights that are enjoyed by every human being. These rights are inherent rights as they are vested since the time of birth. One cannot thoroughly understand Human Rights without understanding the concept of Human Dignity as many believe them to be interlinked. In Ram Deo Chauhan v. Bani Kant Das [i] , Justice Ganguli observed that human rights are broad concepts, therefore straight jacketing them would nullify its scope, reach, vigour and vitality. Therefore, despite being recognised internationally, human rights are not restricted to a single framework of law but can be found enshrined in various laws of India as well as the Indian Constitution. In this article, we will be taking a look at some of the laws and provisions of the Indian Constitution that safeguard the human rights of Women, Children and Prisoners in India.

Protection of Human Rights of Women in India

In India, women not only have legal rights, but also constitutional rights. A simple reading of the Constitution is enough for one to understand that constitution contains certain Articles dedicated to safeguarding the rights of women and promoting gender equality. Article 14 of the Indian Constitution guarantees equal protection of the laws and equality before the law is indeed gender-neutral and helps create an equilibrium in the sphere of gender-neutral laws and rights. Similarly, Article 15 of the Indian Constitution specifically prohibits discrimination on the grounds of gender. In fact, clause (3) of the aforesaid Article even permits the State to make such laws that are specifically for women and children.

In my opinion, Article 51 A (e) lays down an essential Fundamental Duty that makes sense in the context of social practices and customs carried out in India. The aforesaid sub-clause states that it is the duty of every Indian citizen to renounce such practices that are derogatory to women. The Constitution does not fail to recognise a woman’s right to maternity leave as the same has been enshrined in Article 42 which directs (non-binding) the State to make provisions for maternity leave as well as just and humane conditions of work.

The Human Rights of women have also been protected by the enactment of quite a few legislations. The Protection of Women from Domestic Violence Act, 2005 is a great example of legislation that aims at safeguarding human dignity by being an aid to women enduring Domestic Violence . The aforesaid Act has not only covered physical forms of violence but has widened the scope of the word ‘violence’ to include mental or emotional violence as well.

Dowry is still quite prevalent in India. Therefore, in order to penalize the perpetrators of this crime, the Dowry Prohibition Act, 1961 was enacted. The overruling of controversial ruling of the US Supreme Court in Roe v. Wade relating to the right of abortion of women has been a topic for debate. Hence, it is a relief to know that India recognizes the rights of women to abort not only in the form of an enacted legislation namely the Medical Termination of Pregnancy Act, 1971 , but also in a recent Supreme Court Judgement which allowed women, regardless of the marital status, to abort up to twenty-four weeks into their pregnancy.

Protection of Human Rights of Children in India

Although children enjoy the same human rights as those enjoyed by adults, due to their tender age, additional human rights were introduced on an international scale that was enabled to protect children from gross crimes, vulnerabilities, exploitation, etc. The protection of the human rights of children has not been sidelined by the Indian Constitution. Despite the Indian Constitution containing Human Rights that are enjoyed by all, including children, the Indian Constitution characterizes certain Human rights that are only enjoyed by children, Article 21 A being a perfect example of the same. Article 21 A mentions that children between the tender age of 6 – 14 are entitled to free and compulsory education which shall be decided by the State in accordance with the law.

Article 24 also mentions that any child below the age of 14 shall not be given such employment that would require them to work in any mine, factory, or is of hazardous nature. M. C. Mehta v. State of Tamil Nadu [ii] lead to the introduction of certain guidelines by the Supreme Court of India that aimed at protecting children from economic and social exploitation and the same was to be applied to certain kinds of industries in the country. Furthermore, there are certain Directive Principles of State Policy that specifically safeguard the human rights of Children in India.

Article 45 persuades the State to enable childhood care and education of children up to six years of age. Certain clauses of Article 39 of the Indian Constitution explicitly mention and persuade the State to develop such a policy that would put a stop to the abuse of children of tender age and enable opportunities and facilities for such children to develop in a healthy environment characterized by freedom and dignity, in an attempt to protect them against abandonment and exploitation of all kinds. Vishal Jeet v. Union of India [iii] was a case where the Supreme Court gave directions to put an end to the sexual exploitation of children and even ordered a CBI Inquiry into the matter.  The aforesaid helped highlight the grave importance of Article 39. The long list of Fundamental duties enshrined in Article 51A also creates a duty on the parents or guardian to provide educational opportunities to the child or ward.

Child Labour, that is one of the most gruesome violations of the human rights of children, has been condemned by the Supreme Court of India and the Legislature. Several Acts condemning child labour have been enacted in the past, the first law being the Employment of Children Act, 1938 . This Act was enacted with the aim to ‘regulate the employment of children in certain industrial employments. Certainly, the aforesaid Act had several defects and could not be regarded as a foolproof step to curb child labour, as the loosely worded sections of this Act had several loopholes. The said Act was pre-independent India’s attempt at imposing certain restrictions on child Labour. Therefore, the said Act was repealed and replaced by Child Labour Prohibition and Regulation Act, 1986 , which was amended in recent years.

Protection of Human Rights of an Accused and Prisoners in India

The concept of legal aid has been mentioned in Article 39 of the Indian Constitution . In the case of M. H. Hoskot v. State of Maharashtra [iv] , the Court recognised the right to legal aid as one of the ingredients of fair procedure. The Court even went on to state that free legal aid is to be provided at the initial stage to the accused hailing from poor families. In Hussainara Khatoon v. Home Secretary, State of Bihar [v] , the Court observed that if one is denied the opportunity of being represented by a lawyer, it would be tantamount to a violation of Article 21 of the Indian Constitution. The same case highlighted the need for a Speedy trial as well. The Court was of the opinion the right to a speedy trial is a fundamental right under Article 21.

At times, prisoners serving their sentence and under trial prisoners are subject to inhuman living conditions and torture in the prison. Therefore, condemning this, the Supreme Court held that it would be a violation of Article 21 of the prisoner if he was being inflicted with a third degree at the time of taking confession. [vi] In the case of Sunil Batra v. Delhi Administration [vii] , the Supreme Court made quite a few observations regarding the treatment of prisoners. The court was of the opinion that keeping a prisoner in fetters for almost the entire day would be regarded as unjustly cruel and against the spirit of the Indian Constitution. The Hon’ble Supreme Court even recognized the right of the prisoners to be visited by their friends and family. Similarly, in Francis Coralie Mullnin v. The Administrator, Union Territory of Delhi [viii] , this right was acknowledged as it was a detenue’s right to live with dignity.

A prisoner providing labour in prison is entitled to at least minimum wages determined by the law and not paying him the amount for such service would abrogate Article 23 of the Indian Constitution . Furthermore, in DK Basu v. State of West Bengal [ix] , the Supreme Court addressed the issue of custodial violence and deaths. The Court formulated eleven guidelines that were to be followed for arrest and detention. The Court reiterated the concept of the right to live with human dignity while explaining how the phrase ‘life and personal liberty’ enshrined in Article 21 would be violated on account of torture and assault by the State.

As seen above, human rights have been enshrined in the Indian Constitution and the Indian Courts have time and again upheld these rights. These Rights are not exhaustive in nature. Even if penned down into law, it would be unjust to ignore their implied existence in several laws. Therefore, it can be rightly stated that human rights are inalienable and indivisible.

• https://madhavuniversity.edu.in/women-rights-in-india.html
• https://byjus.com/free-ias-prep/immoral-traffic-prevention-act-itpa/
• https://www.orfonline.org/expert-speak/amended-abortion-rights-in-india/#:~:text=On%2029%20September%2C%20in%20response,24%20weeks%20into%20their%20pregnancies .
• Human Rights, Sixth Edition by Prof. H.D. Pithawala.

[i] AIR 2011 SC 615

[ii] AIR 1997 SC 699

[iii] 1991 (1) SCC 283

[iv] AIR 1978 SC 1548

[v] AIR 1979 SC 1369

[vi] Kishore Singh v. State of Rajasthan, AIR 1981 SC 625

[vii] AIR 1978 SC 1675

[viii] AIR 1981 SC 746

[ix] AIR 1997 SC 610

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Aayushi Mittra

Aayushi Mittra is a Fifth Year Law Student pursuing 5 Years BLS LLB at SVKM's Pravin Gandhi College of Law. Securing AIR 18 in CS Foundation exams, she wishes to not restrict herself to the ambit of General Corporate Laws, but also wishes to explore various other fields of law like IPR, Cyber Law, Family Law, Capital Markets & Securities Laws and Sports Law. Apart from academics, she immensely enjoys participating in Drafting competitions, MUNs and Article Writing competitions.

History of Human Rights in India

• Human Rights Subject-wise Law Notes
• August 19, 2023

The history of human rights in India goes back many years and shows how the country has changed in how it sees people’s rights and what it values in society.

Human rights are important rights that help people feel respected and dignified. These rights make society more humane by looking after people’s emotional and social well-being. This progress keeps society moving forward as capable individuals work together to make society better. In a democratic society, human rights can cover many different things because people have different needs. 

The Protection of Human Rights Act, 1993, in India says human rights include life, freedom, fairness and respect, as mentioned in the Constitution and international agreements. These rights are protected by laws and the Indian courts and government make sure everyone gets them.

Concept of Human Rights

Human rights are inherent entitlements possessed by individuals by virtue of being human. These rights are universally and equally applicable to all people, enduring throughout time. As stated in the quote, “All individuals are born free and equal in dignity and rights. They possess reasoning and conscience and should treat each other with a sense of solidarity.” This perspective aligns with the belief that humans hold a unique intrinsic value that distinguishes them from lifeless objects. To infringe upon a human right would signify a failure to acknowledge the inherent value of human existence.

The concept of human rights has evolved over history and has remained intertwined with legal, cultural and religious practices. Many societies have upheld principles akin to the “golden rule” – treating others as one wishes to be treated. The ancient texts of the Hindu Vedas, the Babylonian Code of Hammurabi, the Bible, the Quran (Koran) and the Analects of Confucius exemplify some of the earliest written sources addressing questions of responsibilities, rights and duties.

Different countries ensure these rights through varying approaches. For instance, in India, these rights are enshrined in the Constitution as fundamental rights, offering statutory guarantees. Conversely, in the UK, these rights are established through legal precedent, with courts establishing various principles through case law. Moreover, international law and conventions also furnish specific safeguards for these rights.

What is the History of Human Rights in India?

The history of human rights in India can be divided into three stages: Ancient, Medieval and Modern.

Human Rights in Ancient India

The history of human rights in India has deep roots within Indian political thinkers and philosophers, dating back to ancient civilizations.

In antiquated India, legal principles were founded on Dharma, which aimed to promote the well-being of all beings and prevent harm among them, as evident in Epics like Ramayana and Mahabharata. The Bhagavad Gita emphasises righteousness as the core of Dharma. The Upanishads regard Dharma as the fundamental underpinning of the entire universe. The Vedas and Smritis advocate the concept of “Vasudhaiva Kutumbakam,” portraying the world as a unified family. All four Vedas underscore equality and dignity for every human.

Buddha’s teachings played a significant role in safeguarding human rights. The renowned King Ashoka effectively established a welfare state for his subjects, ensuring basic freedoms and rights.

Consequently, it’s evident that ancient Indian literary works actively promoted and endorsed human rights, liberty, freedom and equality for all individuals, regardless of discrimination based on caste, creed, gender, sex or religion.

Human Rights in Medieval India

The Medieval period in India marks the era of Muslim rule. Before the Mughal rule, there were existing rights related to society, politics, culture and religion. However, with the arrival of the Mughals, the concept of human rights faced challenges. Nevertheless, during Akbar’s reign (1526-1605), significant emphasis was placed on social, religious and political rights.

Akbar introduced a religious policy called Din-E-Ilahi (divine religion), which aimed to promote secularism and religious tolerance. Moreover, religious movements like Bhakti (Hindu) and Sufi (Islamic) played a crucial role in advancing the history of human rights in India. However, these advancements were sometimes suppressed by other Mughal Emperors such as Babar, Humayun and Aurangzeb.

Human Rights in Modern India

The British rule in India can be seen in the Modern period. During this period, the British government of India not only restricted the freedom of its people but also built its foundation upon exploiting the masses, causing economic, political, cultural and spiritual harm to India.

After enduring colonial rule, every Indian firmly believed that the recognition, safeguarding and implementation of human rights were not only fundamental but also essential for leading a civilized life.

Key constitutional provisions in India contribute to the history of human rights in India in modern times. These include the Preamble, Fundamental Rights, Directive Principles of State Policy, recently added Fundamental Duties, reservations for scheduled castes and tribes, and special provisions for Anglo-Indians and other backward classes.

When examining human rights in relation to the Indian Constitution , it becomes evident that the Constitution incorporates nearly all the human rights outlined in various international agreements, covenants and treaties. Some of these include:

• Universal Declaration of Human Rights, 1948
• International Covenant on Economic, Social and Cultural Rights, 1976
• International Covenant on Civil and Political Rights, 1976
• Convention on the Prevention and Punishment of the Crime of Genocide, 1948
• International Convention on the Elimination of All Forms of Racial Discrimination, 1965
• Convention on the Elimination of All Forms of Discrimination against Women, 1979
• Convention on the Rights of the Child, 1989
• Convention on the Rights of Persons with Disabilities, 2006

In addition to these constitutional provisions, various laws have been enacted by the Indian legislature to safeguard and promote human rights. Some significant legislations introduced by the union include:

• Protection of Human Rights Act, 1993
• National Commission for Minorities Act, 1992
• National Commission for Women Act, 1990
• Protection of Civil Rights Act, 1995
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
• Immoral Traffic (Prevention) Act, 1987
• Bonded Labor System (Abolition) Act, 1976
• Juvenile Justice (Care and Protection of Children) Act, 2000
• Child Labor (Prohibition and Regulation) Act, 1986 and more.

India has also implemented numerous labour-related legislative measures to ensure social security, significantly influenced by the standards set by the International Labor Organization (ILO).

Through these means, the concept of human rights in India has evolved and firmly taken root.

Development of Human Rights in Contemporary India

The Constitution of India, in Part III, encompasses a range of fundamental rights accessible to Indian citizens. This approach aimed to make the Universal Declaration of Human Rights (UDHR) legally enforceable within the country. Articles 14-30 in Part III outline potential rights for citizens. Moreover, Part IV incorporates Directive Principles, offering the State supplementary suggestions to ensure the well-being of its populace.

Initially, the judiciary had a rigid stance in handling cases. However, they later embraced the concept of “ Audi Alteram Partem ” to approach cases more flexibly and introduce subjectivity. This shift is evident in the interpretation of Article 21 . The following judgments will help you to understand the history and development of human rights in India in the contemporary era.

In the case of A.K. Gopalan v State of Madras , Article 21 was narrowly interpreted, almost equating the right to life with mere animal existence. Yet, the landmark case of Maneka Gandhi v Union of India expanded the scope of Article 21, linking it to Articles 14 (Right to Equality), 19 (fundamental freedoms) and 21 (Right to Life and Liberty). The concept of the Right to Life now encompasses an individual’s culture, tradition and guards against potential violations of fundamental rights.

In the case of Kharak Singh v State of UP , the inclusion of the Right to Privacy under Article 21 was debated. The petitioner contested the recording of a detained individual’s name, considering it a breach of privacy.

Similarly, in D.K. Basu v State of Bengal , a case dealing with custodial deaths, the Supreme Court established guidelines for the treatment of detainees. This case revealed that prisoners were often subjected to cruelty and abuse by the police, without any legal safeguards. The court ruled such behaviour as a violation of human rights and deemed it necessary to condemn such actions to protect detainees.

In the case of Olga Tellis v Bombay Municipal Corporation , the Right to Life was further linked to the Right to Livelihood. The argument was that livelihood significantly impacts an individual’s quality of life and should not be considered separately from the Right to Life. The court emphasized that if someone is denied the ability to earn their chosen livelihood, their life’s purpose would be undermined, leading to a violation of their rights.

The rights outlined in the Indian Constitution also focus on the welfare of women and children, as evidenced by the following cases:

• In Unni Krishnan v State of AP , compulsory primary education for children was established, which is also reflected in Article 21A of the Constitution (Part III). This article guarantees free and compulsory education for children until they reach the age of fourteen.
• The People’s Union of Civil Liberties v Union of India case resulted in the immediate release of all child laborers, along with compensation for their efforts.
• In Public at large v State of Maharashtra , measures were taken to protect children from sexual exploitation.

Similarly, in Vishaka v State of Rajasthan , the Court established guidelines to prevent sexual harassment of women at workplaces, considering Articles 14, 19 and 21 (often referred to as the golden trio) of the Constitution. Additionally, Associate Bank Officers v State Bank of India demanded equal pay for women compared to men, aiming to eliminate gender discrimination within the organisation, while keeping Article 14 in mind.

In State of Maharashtra v Madhukar Narayan Mandlikar , Article 21 was interpreted differently, extending protection to the life and liberty of sex workers. The court held that even women who are labelled as having an “easy virtue” have a right to privacy, deviating from the previous ruling in Tukaram v State of Maharashtra , where the court ruled against the victim due to her perceived character.

In recent times, several cases have provided optimism about the judiciary’s commitment to upholding human rights. The landmark case of Naz Foundation v Govt. of NCT of Delhi stands out, declaring that criminalising consensual homosexual relationships violated fundamental rights as per the Constitution. Relying heavily on Articles 19 and 21, it argued that such laws infringed upon individuals’ privacy by suppressing their sexual orientation, forcing them into secrecy and fear. 

This also amounted to a breach of Article 21 by denying individuals the freedom to live according to their preferences, hindering their ability to lead a fulfilling life. Additionally, the stance was discriminatory and regressive, signifying a violation of human rights. Consequently, Section 377 was struck down.

The Sabarimala case also recognised women’s Right to Religion (Article 25) and upheld their right to visit the temple. While respecting religious beliefs, the court took a middle path in its decision.

However, despite these advancements, India has witnessed setbacks in recent years. The situation in Jammu and Kashmir has been a grave human rights violation, inadequately addressed by the government. Revoking the region’s special status and subsequent mistreatment of its residents, including arbitrary arrests, highlighted a major issue. Even though Right to Internet is now a fundamental right and high-speed 4G Internet is expected, the region faced prolonged Internet suspension and remains limited to 2G speed, indicating subpar living conditions.

The Protection of Human Rights Act (PHRA) advocates for the establishment of Human Rights Commissions at both the Central and State levels. The Central Commission is granted the authority to conduct trials and make enforceable decisions. While it has made notable decisions, such as the investigation during the Godhra riots, its power has waned in recent years, with limited action despite ongoing violations. NGOs, empowered by the PHRA, have been more proactive in exposing violations and seeking justice for those affected.

During the lockdown, incidents of domestic violence have surged significantly, but there has been a lack of action against the perpetrators, despite reports and statistics highlighting the issue. Police arrests made under the pretext of ‘violating COVID rules’ during the lockdown have resulted in arbitrary detentions and mistreatment of detainees. Disturbing cases have emerged, such as one in West Bengal where a man was fatally beaten by the police for going out to obtain essential items.

Journalists’ lives have also been at risk, as arrests have been justified by citing ‘national security’ and ‘public interest.’ However, no clear explanation has been provided for these arrests. These actions not only infringe upon freedom of expression but also violate the Right to Privacy. Moreover, numerous detentions are occurring under a stringent Sedition Law that has seen minimal changes since the British era. Yet, there has been minimal accountability for these human rights violations.

The history of human rights in India traces a path from ancient principles of Dharma to constitutional recognition of fundamental rights and directive principles. 

While landmark cases have expanded interpretations, challenges remain in addressing issues like domestic violence and preserving freedom of expression.

Landmark cases like Maneka Gandhi v Union of India and Naz Foundation v Govt. of NCT of Delhi have advanced interpretations, including privacy and LGBTQ+ rights. However, challenges persist, with recent instances of domestic violence, arbitrary arrests and freedom of expression concerns. India’s journey involves striking a balance between tradition and modernity, aligning cultural heritage with global human rights standards to ensure a just and equitable society.

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HUMAN RIGHTS IN INDIA: ITS PRESENT STATUS, POSITIONS, CASES OF VIOLATIONS AND SOME REMEDIAL MEASURES

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Deba Ranjan

Bhubaneswar  Recent 'encounter' happened at Ramagdua in Malakangiri district is of unilateral one-sided firing by the Greyhounds.  Total death toll is 31. A young man was found dead at the rivulet who was resident of Bachilipadar of Andrapalli panchayat of Malkangiri district.  Whereabouts of 14 adivasis from villages located across three panchayats – Andrapalli, Panasaput and Jodamba-are not known.  Subsequent 'encounters' happened after 24 th October are mere killing of injured persons only.  Probe by a Court monitored Special Investigation Team (SIT) is demanded The Human Rights Forum (HRF) and the Ganatantrik Adhikar Suraksha Sanghatan (GASS) demand that Greyhounds police personnel responsible for the killing of 27 Maoists and at least four civilians on the early morning of October 24, 2016 in the forest abutting Ramaguda village of Andrapalli panchayat in the " cutoff " area of Malkangiri district in Odisha be booked under relevant penal sections of the law including 302 IPC (murder) and the SC, ST (Prevention of Atrocities Act) and prosecuted. The criminal investigation in the case must be handed over to either the Central Bureau of Investigation (CBI) or a Court monitored Special Investigation Team (SIT).This SIT must consist of officers with impeccable credentials and untainted by earlier " encounter " killings. A four-member HRF and GASS team on November 4 visited the place of firing by Greyhounds personnel. We spoke with adivasis in the area including residents of Gusumapadar and Ramaguda, a small village which is located quite close to the place of killings. Contrary to the assertion by senior police officials in both Andhra Pradesh and Orissa that the deaths were due to cross-fire, we believe they were the result of unilateral one-sided firing by the Greyhounds. That the Maoists opened fire first and the Greyhounds were forced to retaliate resulting in the deaths is pure fiction. It is our firm belief that the Maoists were taken totally by surprise and the fatalities, 31 in all at present count, were the result of a murderous attack by the Greyhounds.

Saksham Shrivastav

people's voice

Dr. Nazia Khaleeque

Anjuman Begum

Dalit Camera

Ram Puniyani

In an insane act of violence two people lost their lives in Basirhat (West Bengal, 04 07 2017). From last quite some time the social media is abuzz that WB is turning Islamist, Hindus are under great threat, their condition is becoming like that of Pundits in Kashmir. The section of TV media projected the view that WB is not safe for Hindus but is a heaven for Muslims. Angry posts are also declaring that Mamata is appeasing Muslims, Islamist Radicals are growing in Bengal with support from the Mamata Government etc. This act of violence was provoked by a facebook post. (July 04, 2017) The posting was derogatory to Muslims. Once it was known in the area as to who has done the posting, they surrounded the house where the 17 year old boy lived. As the atmosphere was building up the state machinery kept silent, till the aggressive mob of Muslims surrounded the house. Police intervention was too late. While the boy was saved despite the angry mob which was demanding that boy handed over to them BJP leaders got hyperactive and visited the area as a delegation. They tried to enter the hospital to see the dead body of Kartik Chandra Ghosh (Age 65). Muslim attackers had killed him. This attempt of the BJP leaders was to derive political mileage from the situation as BJP claimed that Ghosh was President of one of the units of BJP, while Ghosh's son denied it. The Governor of West Bengal, K.N. Tripathi, reprimanded Mamata Bannerjee for the violence. Seeing his attitude Mamata got upset and called him as the one belonging to BJP block level leader. Same Governor has been called as a 'dedicated soldier of Modi Vahini' by one BJP leader Rahul Sinha. The communal violence has taken a political color, BJP accusing chief minister Mamata Banerjee of appeasement of Muslims while the ruling Trinamool Congress is alleging that BJP is out for inciting communal passions to benefit electorally. Surprisingly with this violence, where two people have lost their life, BJP is demanding the President's rule in the state, while the law and order has already been restored within a week's time. The picture in Bengal is very complex. A section of Muslim leadership is repeatedly doing violence in response to 'hurt sentiments'. Earlier also violence was unleashed by Muslims in Kaliachak, when one Kamlesh Tiwari had posted something offensive against Prophet Mohammad. The feeling of impunity enjoyed by this section of Muslim leadership is giving a big handle in the hands of Hindutva forces, for which this yet again is opportunity to polarize the society along religious lines. Here in Bengal they don't have to create the issue of 'Holy Cow' or 'Ram Temple', it is being provided by this misguided section of Muslim leadership. The picture is being created that Bengal is in the grip of Islamization as earlier Kaliachak violence and now this violence are being cited to show that Hindus are unsafe here. There was no loss of life in Kaliachak incident but yes there was loss of property, though. The core theme of BJP-RSS propaganda is built around Hindu victimization.

Dixita Deka

Faisal Sharif

Basudev Mahapatra

Since the murder of a woman journalist of Odisha Chhabirani in the year 1980 till today, thousands of women have fallen victim to the heinous instincts of men in Odisha. As per claims made by the President of Odisha Congress' women wing on the basis of a white paper tabled in State Assembly, about 4,100 cases under section 376 (rape) were registered in different police stations of Odisha during last three years. The statistics is not only shocking but is also loud to explain how women have become vulnerable to the unmanly instincts of men in the society. During last 64 years, issue of women safety has been raised for political purposes and used as a weapon against the government and the ruling party. The game was always played with an agenda, mostly political, and the root issue of safety of women continued to remain a powerful evil in the society. The first and foremost is that why and how a woman becomes vulnerable to the violent instincts of people with whom she grew from childhood? Why the society that often behaves to be protective fails to protect and uphold the rights of woman and secure her from any kind of vulnerability? ‘The primary reasons are lack of understanding of social relationship and almost no moral education’, says a veteran journalist and social thinker Vivekanand Dash adding that, ‘Such cases are increasing in our society because the current generation doesn’t take any interest in the moral roots and the parents also take least interest in moral teaching till something happens to them or their offspring’. The police has to have a humane face and behave as responsive to any case of assault on woman. As seen in the case of Pipili and other places, instead of accepting the FIR and initiating quick action the local police officer took a condemnable role by denying to accept the complaint from the victim’s family. The rule of law has to be established. However, the dismissal of the concerned Police Inspector and Chief Minister Naveen Patnaik’s strict instruction to all officers to receive the FIR and take immediate action in such cases bear some hope for sure in ensuring prompt aid to the victims.

barkat ali from swat kp

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