The United States State Department recently circulated a report on human rights in India for the year 2021. This write-up, scrutinized by the US Congress, provides a thorough analysis of individual, civil, political, and worker rights globally. It follows the guidelines set out in the Universal Declaration of Human Rights as well as other international agreements. In December 2021, the Indian Ministry of Home Affairs submitted data relating to instances of human rights abuses in various states to the Rajya Sabha.
Highlights of the Report
Several standout points were noted in the report. For starters, there was an indication of arbitrary arrests and detention despite Indian law forbidding such practices. Police were pointed out as using special security laws to delay judicial reviews of arrests, resulting in pretrial detention that often surpassed the sentenced duration.
Privacy violations were another concern, with cases of government authorities purportedly illegally surveilling individuals or interfering with their privacy through technology. Journalists were singled out as regular targets of this invasion, particularly through the Pegasus malware.
Media and free expression curbs were also noted, where government actors allegedly intimidated or harassed media outlets critical of the administration. Online trolling was commonly used in these attempts at pressuring the media. Notably, numerous Twitter handles of journalists covering the protests against the since-reversed farm laws were ordered blocked by the government in February 2021.
Finally, the report shed light on constraints on association freedom. Amnesty International India and the Commonwealth Human Rights Initiative were cited as entities affected by asset freezes and license suspensions due to alleged Foreign Contribution (Regulation) Act violations.
Understanding Human Rights
Human rights are inherently bestowed on all human beings, irrespective of race, ethnicity, nationality, sexual orientation, or religious beliefs. They encompass a range of rights including life and liberty; freedom from slavery, torture, and degrading treatment; freedom of opinion and expression; and the right to work, education, and social security. Nelson Mandela once stated that denying individuals their human rights is equivalent to challenging their humanity.
Human Rights Framework in India
The Indian Constitution expressly provides for human rights through two key aspects: Fundamental Rights (Articles 12 to 35) and Directive Principles of State Policy (Articles 36 to 51). The former covers various rights including equality, freedom, anti-exploitation, freedom of religion, cultural education rights, and right to constitutional remedies. The latter comprises guidelines for the State on matters such as social security, employment, equal pay, human dignity, compulsory education, equal justice, and free legal aid.
Additionally, the Protection of Human Rights Act (PHRA) 1993, amended in 2019, provides for the establishment of a National Human Rights Commission at the Union level and corresponding commissions and courts at the state level.
India was an active participant in drafting the Universal Declaration of Human Rights (UDHR), which stipulates 30 rights and freedoms encompassing civil, political, economic, social, and cultural domains. These reflect the principles and provisions contained within the Indian Constitution’s Preamble, Directive Principles of State Policy, and Fundamental Duties.
The Role of The Universal Declaration of Human Rights in India
Adopted by the United Nations General Assembly in 1948, the UDHR establishes every human being’s equality and dignity and defines a government’s duty to enable all people to enjoy their inalienable rights and freedoms. The Preamble’s objectives such as Justice, Equality, and Liberty mirror the principles of the UDHR.
The Directive Principles of State Policy aim to provide social and economic justice and guide towards a welfare state. They include Article 38 for promoting a welfare state, Article 39 for minimizing inequalities, Article 39A for free legal aid, Article 41 for supporting vulnerable sections of society, and Article 43 for securing a living wage.
Fundamental Duties are moral obligations of all citizens, outlined in Part IV A of the Constitution. These duties include providing educational opportunities to children aged between 6 and 14 years by the parents or guardian, helping to ensure dignity.
