As observed by the US State Department in its recent 2020 Human Rights Report, numerous issues associated with human rights have arisen in India. The report, which is submitted annually to the US Congress, provides a retrospective, country-by-country analysis of human rights conditions worldwide. Previously, the “Freedom in the World 2021” report downgraded India’s status from ‘Free’ to ‘Partly Free’. The annual report, “Autocratisation Goes Viral”, produced by the Sweden-based Varieties of Democracy (V-Dem) Institute, characterized India as an “electoral autocracy”.
Harassment of Journalists
Several concerns were raised, including the ongoing harassment and detention of journalists critical of the Indian government. While the freedom of expression was generally respected, restrictions on press freedom were noted. Violence and threats against journalists, or their unjustified arrests or prosecutions, were mentioned.
Accessing Private Data
The report drew attention to the surge in user data requests by the Indian government from Internet companies. In 2019, Facebook received 49,382 such requests, representing a 32% increase from the previous year. Similarly, Google and Twitter saw their requests rise by 69% and 68% respectively.
Arbitrary Deprivation of Life and Unreasonable Detentions
Noteworthy were references to custodial deaths in Tamil Nadu, and the controversial April 2020 detention of citizenship law protesters. Various other incidents involving the Unlawful Activities Prevention Act 1967 also came to light. Furthermore, the detention of politicians under Jammu & Kashmir’s Public Safety Act 1978 was discussed.
Human Rights Situation in Jammu & Kashmir
The report offered some recognition for attempts by the Indian government to return normalcy to Jammu and Kashmir. Some security and communications restrictions were eased gradually. However, high-speed 4G mobile internet access remained limited throughout 2020 in much of Jammu & Kashmir.
Restrictive Rules and Lack of Investigation
A catalogue of concerns was raised, including: restrictive rules burdening non-governmental organisations; curbs on political participation; corruption permeating every level of government; lack of scrutiny and accountability concerning violence against women; forced and bonded child labour.
Religious Freedom and Discrimination
On the matter of religious freedom, the report noted tolerance of violations; violence and discrimination against minority groups including women, based on religious affiliation or social status.
Constitutionally-Mandated Human Rights in India
In India, human rights are enshrined within the Constitution. Fundamental Rights, from Articles 12 to 35, include the Right to Equality, Right to Freedom, Right Against Exploitation, Right to Freedom of Religion, Cultural & Educational Rights, and more. Moreover, from Article 36 to 51, the Directive Principles of State Policy contain various rights, such as the right to social security and employment, right to equal pay for equal work, and others.
Statutory Provisions Protecting Human Rights
Supporting these constitutional provisions is the Protection of Human Rights Act (PHRA), 1993, which was updated in 2019. It provides for National and State Human Rights Commissions, and Human Rights Courts. The PHRA defines human rights as relating to life, liberty, equality, and dignity of individuals, as guaranteed by the Constitution or embodied in International Covenants and enforceable by Indian courts.
India participated actively in drafting the Universal Declaration of Human Rights (UDHR). The resulting 30 rights include civil and political rights as well as economic, social, and cultural rights. These cover aspects such as life, liberty, free speech, privacy, social security, health, and education. All of these form the bedrock of human rights protections in India today.
