India’s Republic Day: A Celebration of Democracy, Unity, and Constitutional Values
Human rights are the basic freedoms and protections to which every individual is entitled simply because he or she is human. These rights guarantee dignity, equality and freedom and constitute the basis of a just and democratic society. In India, human rights are deeply rooted in the Constitution, legal framework and social values. However, the practical realization of these rights remains an evolving process influenced by historical, political, social and economic factors.
Historical background
The idea of human rights in India is not new. Ancient Indian philosophy emphasized compassion, justice and equality. Concepts such as Dharma, Ahimsa and Sarvodaya reflect moral principles similar to modern human rights. The leaders of India's freedom struggle, particularly Mahatma Gandhi, strongly advocated for civil liberties, equality and dignity for all individuals. This moral foundation influenced the drafters of the Indian Constitution after independence in 1947, shaping the rights and freedoms guaranteed to citizens.
Constitutional Framework
The Constitution of India is one of the most rights-oriented constitutions in the world. Human rights are mainly protected by:
1. Fundamental Rights (Part III)
These are enforceable by the courts and include:
Right to equality (Articles 14-18): Prohibits discrimination and establishes equal protection of the laws.
Right to Freedom (Articles 19-22): Guarantees freedom of speech, expression, movement, assembly, profession and protection against unlawful detention.
Right against exploitation (Articles 23-24): Prohibits human trafficking, bonded labor and child labor in hazardous industries.
Right to freedom of religion (Articles 25-28): Allows individuals to practice and propagate the religion of their choice.
Cultural and educational rights (Articles 29-30): Provides protection to minority communities for the preservation of their culture and the establishment of educational institutions.
Right to constitutional remedies (Article 32): Allows individuals to approach the Supreme Court directly for enforcement of rights; Dr. B.R. Ambedkar called it "the heart and soul of the Constitution".
2. Directive Principles of State Policy (Part IV)
Although not enforceable in court, these principles guide the state towards ensuring social and economic justice – such as fair working conditions, equal pay and welfare measures.
3. Fundamental Duties (Article 51A)
These remind citizens of their responsibility to uphold the spirit of human rights, such as promoting harmony and protecting public property.
Institutional and legal mechanisms
There are various institutions and laws dedicated to protecting human rights in India:
Institutional and legal mechanisms
India has several institutions and laws dedicated to protecting human rights:
National Human Rights Commission (CNDH)
Established in 1993, the NHRC investigates violations by public authorities, recommends action and promotes awareness.
State Human Rights Commissions (SHRC)
They operate at the state level with similar responsibilities.
Specialized Laws
Human Rights Protection Act 1993
Right to Information Act, 2005
Domestic Violence Act 2005
Mental Health Care Act of 2017
These laws strengthen the human rights ecosystem in the country.
Human rights achievements in India
India has made significant progress, especially since the 1990s:
Human rights achievements in India
India has made significant progress, especially since the 1990s:
1. Right to Education (RTE)
In 2009, free and compulsory education for children aged 6–14 became a legal right, leading to increased school enrolment.
2. Expansion of social welfare schemes
Schemes like MNREGA, National Food Security Act and Ayushman Bharat have supported millions of people, improving access to essential rights like food, employment and health care.
3. Judicial Activism and Public Interest Litigation (PIL)
Indian courts have expanded the scope of human rights.
For example:
The right to life (Article 21) now includes the right to clean air, water, shelter, privacy and livelihood.
Landmark judgments include recognition of LGBTQ+ rights (Section 377 judgment), right to privacy and transgender rights.
4. Women empowerment
Legal reforms and social movements have strengthened women's rights in areas such as education, workplace safety, inheritance, and protection from violence.
5. Technical intervention
Digital platforms have improved transparency, reduced corruption and made public services more accessible.
Persistent Human Rights Challenges in India
Despite progress, India faces several structural and emerging challenges:
1. Poverty and economic inequality
Socio-economic differences limit access to food, health care, education and housing for millions of people, hindering the full enjoyment of human rights.
2. Gender based violence
Domestic violence, workplace harassment, dowry deaths and sexual crimes remain widespread issues. Social stigma and low conviction rates have worsened the problem.
3. Discrimination and social exclusion
Caste-based discrimination, untouchability practices and atrocities against Scheduled Castes and Scheduled Tribes still occur in various parts of the country.
Similarly, some religious minorities and tribal groups face displacement, identity challenges and socio-economic difficulties.
4. Violation of child rights
Child labour, trafficking, malnutrition and lack of access to quality education are affecting millions of children.
5. Custodial violence and police excesses
Cases of custodial deaths, torture, and abuses of power highlight gaps in accountability and human rights education for law enforcement.
6. Freedom of expression concerns
Issues related to censorship, media freedom and misuse of laws like sedition or UAPA have been points of debate in recent years.
7. Environmental degradation
Pollution, deforestation and climate change threaten the right to life and livelihood, especially for vulnerable rural and tribal communities.
Role of civil society and media
Non-governmental organizations, activists, and the media play an important role in exposing human rights violations, advocating reforms, and supporting victims.
Movements like:
right to information
nirbhaya movement
LGBTQ+ rights movement
Major legal and social changes have been initiated.
Social media has also become a powerful tool for raising awareness, although misinformation and hate speech present new challenges.
international commitments
India is a signatory to several major global human rights treaties:
Universal Declaration of Human Rights (UDHR)
International Covenant on Civil and Political Rights (ICCPR)
Convention on the Rights of the Child (CRC)
These commitments enhance India's responsibility to uphold global human rights standards.
the way forward
Several steps are necessary to strengthen the human rights landscape in India:
1. Strengthening law enforcement and accountability
Police reforms, independent monitoring and strong action against custodial violence are necessary.
2. Promoting human rights education
Human rights literacy should be included in schools, colleges and public institutions to promote respect for diversity and dignity.
3. Reducing socio-economic inequalities
Marginalized communities can be empowered by improving access to education, health care, employment and social protection.
4. Protecting digital rights
As India becomes a digital society, privacy, data security and cyber-security must be prioritized.
5. Encouraging citizen participation
A vibrant civil society and responsible media are the keys to transparency and democratic accountability.
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