POLITICAL SCIENCE BOARD PROJECT

ANUSHKA MUDULI

12 A

TOPIC- HUMAN RIGHTS IN INDIA

AIM: To study about human rights in India

OBJECTIVES:

1. To study about ensuring that basic human rights are respected everywhere.
2. To study the democratic institutions as a fundamental human right.
3. To study about the co-operation with governing regimes
4. To study about the avoidance compromising on human rights for economic or political
democracy.
5. To study the philosophical and cultural basics and historical perspectives on human being.

LITERATURE REVIEW:

WHAT ARE HUMAN RIGHTS?

Human rights are moral principles or norms for certain standards of human behaviour and are
regularly protected in municipal and international law. They are commonly understood as
inalienable, fundamental rights "to which a person is inherently entitled simply because she or he is
a human being" and which are "inherent in all human beings", regardless of their age, ethnic origin,
location, language, religion, ethnicity, or any other status. They are applicable everywhere and at
every time in the sense of being universal, and they are egalitarian in the sense of being the same for
everyone. They are regarded as requiring empathy and the rule of law and imposing an obligation on
persons to respect the human rights of others, and it is generally considered that they should not be
taken away except as a result of due process based on specific circumstances.

The doctrine of human rights has been highly influential within international law and global and
regional institutions. Actions by states and non-governmental organisations form a basis of public
policy worldwide. The idea of human rights suggests that "if the public discourse of peacetime global
society can be said to have a common moral language, it is that of human rights". The strong claims
made by the doctrine of human rights continue to provoke considerable scepticism and debates
about the content, nature and justifications of human rights to this day. The precise meaning of the
term right is controversial and is the subject of continued philosophical debate; while there is
consensus that human rights encompasses a wide variety of rights such as the right to a fair trial,
protection against enslavement, prohibition of genocide, free speech or a right to education, there is
disagreement about which of these particular rights should be included within the general
framework of human rights; some thinkers suggest that human rights should be a minimum
requirement to avoid the worst-case abuses, while others see it as a higher standard.

Human rights are the basic rights and freedoms that belong to every person in the world, from birth
until death.
They apply regardless of where you are from, what you believe or how you choose to live your life.

They can never be taken away, although they can sometimes be restricted – for example if a person
breaks the law, or in the interests of national security.

These basic rights are based on shared values like dignity, fairness, equality, respect and
independence.

These values are defined and protected by law.

HOW DOES HUMAN RIGHT HELP US?

Human rights are relevant to all of us, not just those who face repression or mistreatment.

They protect you in many areas of your day-to-day life, including:

1. your right to have and express your own opinions

2. your right to an education
3. your right to a private and family life
4. your right not to be mistreated or wrongly punished by the state

HUMAN RIGHTS IN INDIA:

Human rights in India is an issue complicated by the country's large size and population, widespread
poverty, lack of proper education, as well as its diverse culture, despite its status as the world's
largest sovereign, secular, democratic republic. The Constitution of India provides for Fundamental
rights, which include freedom of religion. Clauses also provide for freedom of speech, as well as
separation of executive and judiciary and freedom of movement within the country and abroad. The
country also has an independent judiciary as well as bodies to look into issues of human rights.

The 2016 report of Human Rights Watch accepts the above-mentioned facilities but goes to state
that India has "serious human rights concerns. Civil society groups face harassment and government
critics face intimidation and lawsuits. Free speech has come under attack both from the state and by
interest groups. Muslim and Christian minorities accuse authorities of not doing enough to protect
their rights. The government is yet to repeal laws that grant public officials and security forces
immunity from prosecution for abuses."

What are human rights?

In order to live with dignity certain basic rights and freedoms are necessary, which all Human beings
are entitled to, these basic rights are called Human Rights
Human rights demand recognition and respect for the inherent dignity to ensure that everyone is
protected against abuses which undermine their dignity, and give the opportunities they need to
realize their full potential, free from discrimination.

Human rights include civil and political rights, such as:

1. The right to freedom of expression

2. The right to freedom of religion or conscience
3. The right to property
4. The right to freedom of assembly
5. The right to privacy
6. The right to vote.

ARE HUMAN RIGHTS ACTUALLY BEING RESPECTED?

Human rights are being violated all over the world. In fact, in 2010 Amnesty International reported
cases of torture and restrictions on freedom of opinion in almost half of all countries. People are
being forced to flee their homes, the number of child soldiers is exorbitant, coercion is being used to
accuse people of crimes they didn’t commit, feminicides and torture such as slaughter, burying
people alive and poisoning are happening as minutes go by. Many of the people responsible for
ensuring that human rights are respected, protected and exercised are staying with their arms
closed.

It is true efforts are being made to diminish human rights violations, however, the data shows that
we are far from eradicating this problem. Because human rights violations can start with culture, one
must think that we, as a privileged sector of society, with a certain level of education don’t fall
between this category.

But the truth is, we do.

World leaders do. They are responsible for ensuring and protecting the rights of their citizens, but
many are only exercising this responsibility to the point where the international community can
believe they are.

And the question is, where are all the millions suffering from this corrupted system? Where are all
the children that walk 3-4 miles to fetch water for their families instead of going to school? Where
are all the children dying from malnutrition because there is not enough food?

I can go on with a never-ending list… or we can talk about how “Human rights are being respected
and exercised”. Let me tell you something, those children have THE RIGHT to go to school, they have
THE RIGHT to safe-drinking water, they have THE RIGHT to protection before the law, they have THE
RIGHT to a dignified home, not of having to run away, not of dying of waterborne illnesses, not of
being recruited by force to serve as “child soldiers”, not of being accused of sorcery, not of being
forced to work on the streets, not of a poor or even non-existent education.

There may be a Universal Declaration of Human Rights and a never-ending list of treaties, laws and
regulations, but what good do they serve if they are not executed or at least not as they should be, if
violations are still happening in half of all countries, if we can’t go to the authorities without the fear
that they may be connected to the rebel groups ruling from underneath.

THE DEMOCRATIC INSTITUTIONS AS A FUNDAMENTAL HUMAN RIGHTS:

Rule of Law - Democracy and Human Rights

Democracy is one of the universal core values and principles of the United Nations. Respect for
human rights and fundamental freedoms and the principle of holding periodic and genuine elections
by universal suffrage are essential elements of democracy. These values are embodied in the
Universal Declaration of Human Rights and further developed in the International Covenant on Civil
and Political Rights which enshrines a host of political rights and civil liberties underpinning
meaningful democracies.

The rights enshrined in the International Covenant on Economic, Social and Cultural Rights and
subsequent human rights instruments covering group rights (e.g. indigenous peoples, minorities,
persons with disabilities), are equally essential for democracy as they ensure an equitable
distribution of wealth, and equality and equity in respect of access to civil and political rights.

The Rule of Law and Democracy Section stands as OHCHR focal point for democracy activities. The
Section works to develop concepts and operational strategies to enhance democracy and provide
guidance and support to democratic institutions through technical cooperation activities and
partnership with the relevant parts of the UN, notably the UN Democracy Fund, the Department of
Political Affairs and the UN Working Group on Democracy. Legal and expert advice are provided as
required to OHCHR field operations and headquarters on relevant issues such as respect for
participatory rights in the context of free and fair elections, draft legislation and training activities.

COOPERATION WITH GOVERNING REGIMES THAT VIOLATE HUMAN RIGHTS:

Each major human rights treaty contains a supervisory mechanism, according to which States are
required to lodge periodic "country reports". The reports describe the legislative, administrative and
judicial measures taken by the State to comply with its obligations under the convention. These
reports are considered by "Treaty Bodies", which are committees established pursuant to the
provisions of the treaty for the purpose of monitoring state compliance.19 Reports issued by Treaty
Bodies are, at times, critical of a State. If a State is found to have neglected its responsibilities, the
Treaty Body will make recommendations to help that State remedy the deficit.

However, the stark reality is that established norms are not being implemented in many parts of the
world and are not enjoyed by the members of many minority ethnic and social groups.
AVOIDANCE COMPROMISING ON HUMAN RIGHTS FOR ECONOMIC AND POLITICAL DEMOCRACY:

Recent political philosophy and normative legal theory have seen an increased interest in the
question of whether international human rights should include an entitlement to live in a democratic
society with a representative form of government. In this section I briefly highlight the features of
democracy that for many make it the proper object of a human right, i.e., an individual moral right
with respect to which there is sufficient justification to transform it into a legal right that all citizens
can enforce. This moral right is one that all human beings have, regardless of their historical,
cultural, and geographical location; it is a universal human right.

Needless to say, the corresponding positive legal right to democracy remains currently unrealized

and under-fulfilled, but the point of the following reflections is that the regulative ideal of striving
towards the realization of a world in which all humans have that legal right is a morally valid claim.
That HRD is a moral right means that all humans actually possess it and its possession amounts to
the universal claim to live in political and legal arrangements that honour the content of that claim in
the form of a legally enforceable right to participation in the democratic authorization of those who
execute and administer the state monopoly of coercion.

That democracy comes in many different institutional and cultural forms is the main reason for why
the following argument employs a very minimal threshold conception of HRD’s object. It is a
threshold conception because it presents a minimal level that a society’s institutions must pass in
order to count as a democracy. For the purposes of our discussion, it does not matter what happens
above that threshold (though that does not mean that these questions are irrelevant from the point
of view of domestic justice). State A, barely passing the threshold, counts as satisfying HRD in the
same way as does state B, a “democratic paradise” in which robust notions of social and political
justice are fully realized and in which all citizens participate in collective will formation processes as
free and equal persons. Now what does this threshold notion of democracy amount to? At a
minimum, democracy has certain negative functions, first and foremost that it provides the lawful
means to replace (or confirm) those currently in charge of the three branches of government on a
regular basis. Benign hereditary monarchies fail to satisfy this minimum criterion, as do more
obviously undemocratic cases like authoritarian dictatorships. The second constitutive feature of a
democratic regime concerns the lawful means just mentioned. Free, fair, and regular elections, in
which those who are determined who occupy the state offices, are considered the essence of
institutionalizing a procedure that realizes the desideratum of all individuals being able to lead a
non-dominated life.

PHILOSOPHICAL AND CULTURAL BASICS AND HISTORICAL PERSPECTIVES ON HUMAN RIGHTS:

The history of human rights covers thousands of years and draws upon religious, cultural,
philosophical and legal developments throughout the recorded history. It seems that the concept of
human rights is as old as the civilization. This is evident from the fact that almost at all stages of
mankind there have been a human rights documents in one form or the other in existence. Several
ancient documents and later religious and philosophies included a variety of concepts that may be
considered to be human rights. Notable among such documents are the Edicts of Ashoka issued by
Ashoka the Great of India between 272-231 BC and the Constitution of Medina of 622 AD, drafted by
Muhammad to mark a formal agreement between all of the significant tribes and families of Yathrib
(later known as Medina). However, the idea for the protection of human rights grew after the tragic
experiences of the two world wars. Prior to the world war, there was not much codification done
either at the national or the international levels for the protection and implementation of human
rights.

The philosophy of human rights addresses questions about the existence, content, nature,
universality, justification, and legal status of human rights. The strong claims often made on behalf
of human rights (for example, that they are universal, inalienable, or exist independently of legal
enactment as justified moral norms) have frequently provoked sceptical doubts and countering
philosophical defences. Reflection on these doubts and the responses that can be made to them has
become a sub-field of political and legal philosophy with a very substantial literature.

BASIC HUMAN RIGHTS:

1. All human beings are free and equal:

All human beings are born free and equal in dignity and rights. They are endowed with reason and
conscience and should act towards one another in a spirit of brotherhood.

2. No discrimination:

Everyone is entitled to all the rights and freedoms, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national or social origin, property, birth or
other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or
international status of the country or territory to which a person belongs.

3. Right to life:

Everyone has the right to life, liberty and security of person.

4. No slavery:

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their
forms.

5. No torture and inhuman treatment:

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

6. Same right to use law:

Everyone has the right to recognition everywhere as a person before the law.

7. Equal before the law:

All are equal before the law and are entitled without any discrimination to equal protection of the
law. All are entitled to equal protection against any discrimination in violation and against any
incitement to such discrimination.

8. Right to treated fair by court:

Everyone has the right to an effective remedy by the competent national tribunals for acts violating
the fundamental rights granted him by the constitution or by law.

9. No unfair detainment:

No one shall be subjected to arbitrary arrest, detention or exile.

10. Right to trial:

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial
tribunal, in the determination of his rights and obligations and of any criminal charge against him.

RESULT AND DISCUSSION-

Fundamental Rights. This is the protection of individuals against invasion of their human rights.
Indian Constitution contains Directive Principles of State Policy which are the principles fundamental
in governance, to be observed by the State in the formulation of its policies. These include the duty
of the State to secure a social order for the promotion of the welfare of the people, social justice,
right to work, to education and social security, provision for just and humane conditions of work,
promotion of interests of the weaker sections, duty to raise the level of nutrition and the standards
of living and to improve public health, protection and improvement of environment.

Our country was one of the original signatories to the International Covenant on Civil and Political
Rights and therefore the framers of Indian Constitution were influenced by the concept of human
right and recognised as well as guaranteed most of the human rights which were subsequently
embodied in the International Covenant 1966. The Preamble of the Indian Constitution reflects the
inspiring ideals with the specific mention of "dignity of the individual"

LIMITATIONS-

1. LACK OF TIME TO CONDUCT AN EXTENSIVE RESEARCH.

2. BIASED SOURCES OF INFORMATION.

3. VERY BROAD TOPIC TO ADDRESS.

CONCLUSION-

Human Rights are the basic rights which form the essential part of his/her development as human
being. Constitution acts as a protector of those basic rights as Fundamental Rights and DPSPs. More
emphasis has been given to the fundamental rights and they are directly enforceable in the court of
law. More importantly, are the individuals who serve within a human rights commission able to
institutionalize their contribution in a lasting fashion or does a dynamic commission fade with the
departure of the person heading it? Building an enduring human rights institution that will become
an integral part of government is the greatest challenge for human rights commissioners and their
proponents. That long-term contribution has yet to occur in Africa. In many cases it is still too soon.
In other cases, it is clear that the human rights commission is falling short of achieving this goal. At
this time, the independence and effectiveness of the human rights commissions depend heavily on
the personality of the individuals heading the commission. Finally, it should be noted that a human
rights commission is not a prerequisite for a government to uphold the human rights of its citizens.
Other state institutions, such as an independent judiciary or a representative legislature, can equally
provide oversight to ensure recourse and redress to human rights abuses. The creation of a national
human rights commission can be an important mechanism for strengthening human rights
protection, but it is not enough. It can never replace or diminish the safeguards inherent in an
independent legal system and disciplined law enforcement forces.
BIBLIOGRAPHY-

SITES-

1. https://www.hrw.org/reports/2001/africa/overview/conclusion.html
2. https://blog.ipleaders.in/human-rights-constitution-india/#:~:text=of%20India
%20%26%20Ors-,Conclusion,in%20the%20court%20of%20law.
3. https://www.usaid.gov/sites/default/files/documents/2496/Struggles_from_Below_-
_Literature_Review_on_Human_Rights_Struggles_by_Domestic_Actors.pdf
4. https://www.lancaster.ac.uk/universalhumanrights/aims.htm
5. https://en.wikipedia.org/wiki/Human_rights
6. https://www.equalityhumanrights.com/en/human-rights/what-are-human-rights

BOOKS-

1. Universal Declaration of Human Rights

2. Universal Human Rights in Theory and Practice on JSTOR
3. The Right to The Truth in International Law: Victims Rights in Human Rights and
International Criminal Law
4. Human Rights: A Very Short Introduction