Know Where India Stands In Protecting Citizens' Rights & Events That Challenged World's Largest Democracy

Human Rights Day is observed annually on December 10 as a reminder of the day the United Nations (UN) General Assembly adopted the Universal Declaration of Human Rights (UDHR) in 1948. UDHR was considered a milestone document that set inalienable rights to every human being, regardless of 'race, colour, religion, sex, language, political or other opinions, national or social origin, property, birth or other status.' The theme for this year's annual celebrations is "Dignity, Freedom, and Justice for All."

On this day, it also becomes a reminder to look back at the progress India has made regarding human rights protection. As the largest democracy in the world, does the country stay true to its name and offer a dignified and free life for all? The Logical Indian analyses the same through statistics made available by the Ministry of Home Affairs and events that put the country's human rights on the line.

Statistics Providing Insights To Part Of Problem

While government records and statistics do not offer the complete picture, it gives an idea of the efforts taken by each state to protect human rights. The data made available by the Home ministry reflects the total number of cases recorded by the National Human Rights Commission (NHRC) from 2015 to 2021. Around this period, the ruling government, Bharatiya Janata Party (BJP), was often on media and other forms of trial for having increasingly 'harassed, arrested, and prosecuted rights defenders, activists, journalists, students, and others.'

State-wise insight from the country conveys that north-eastern states have the lowest number of human rights violations reported as of 2021, with Manipur at 42 cases, Mizoram at 15 cases, Sikkim at 9, and so on. Assam, with an exception, had about 236 cases reported, but it was still noted as a considerable decline from the 366 cases reported in 2015. In South India, Tamil Nadu was in the lead with 4,248 cases, followed by Telangana (1,933) and Andhra (1,913). Going up north, Uttar Pradesh is in the lead with reported human rights violations with 27,958 cases. The graph has dropped exponentially compared to the 49,721 cases recorded in 2015, but the state continues to lead overall in the country. It is followed by Delhi (5,461) and Bihar (3,517).

India had performed worse than average in terms of providing socio-economic rights to their citizens, as reflected in the global project, Human Rights Measurement Initiative (HRMI) of 2021. According to a report by The Wire, they ranked countries based on 13 rights, of which India had excelled in only one -- freedom from the death penalty. Other international projects, such as the 2022 World Justice Project (WJP) Rule of Law Index and the UN Human development index, also showed little progress within the country.

The WJP Index ranked India 77 out of 140 countries with a score of 0.50, and in the UN's list, India ranked 132 out of 191 countries as of September 2022. While the state continues to deny such reports claiming the methodology is flawed, certain events reported from the country reflect a need to reform human rights rules.

Noted Events Of Human Rights Violations

According to Human Rights Watch, some of the events that contributed to the country's dropped rankings in the list are the abrogation of article 370, violence against minorities, pandemic-induced inequalities, gendered violence, child marriage, and so on.

• Jammu And Kashmir

Hundreds of people were detained without charges in the union territory under the draconian Public Safety Act. This Act permits the detention of individuals without trial for up until two years. Around the period, they also announced a new media policy that gave authorities the power to quash any content that they believe is "fake news, plagiarism and unethical or anti-national activities." The Human Rights Watch considered this a vague provision that enabled those in power to abuse and penalises legally protected speech.

Restrictions went even beyond with a clampdown on network and communication systems from 2019, after the abrogation of article 370. It adversely affected livelihoods, which doubled during the pandemic imposed restrictions by March 2020. Even after the Supreme Court later observed that access to the internet was among people's fundamental rights, the authorities permitted slow-speed 2G mobile internet services while the rest of the country progressed toward 5G developmental goals.

There were also reported incidents of the Armed Forces abusing their special powers and violating human rights in the valley, as well as India's international obligations in protecting rights. As special acts offered immunity from prosecution to security forces, even for serious human rights abuses, the number of encounters and violence against civilians rose.

• Immunity For Forces
  

During the early weeks of the nationwide lockdown, multiple states reported cases of lockup deaths and police violence, even against those citizens who were out to get essential supplies. Videos and images circulating on social media also showed police forces arbitrarily punishing or shaming people for breaking the lockdown regulations. NHRC registered 77 deaths in police custody, 1,338 deaths in judicial custody, and 62 alleged extrajudicial killings in the initial ten months of the pandemic.

In West Bengal, a few policemen were seen thrashing a 32-year-old man to death after he stepped out of his home to get milk. In Tamil Nadu, a father and son were tortured to death in police custody for keeping their shop open even after the set timings. Uttar Pradesh recorded the highest number of police brutalities, and it raised more concerns after the UP Government announced a special police force empowered to search and arrest without a warrant.

• Injustice Against Minorities And Vulnerable Groups

After the outbreak of the pandemic, there was a surge in the anti-muslim rhetoric and atrocities against the Dalit and tribal groups. A 2019 government data suggests that crimes against Dalits, in particular, increased by seven per cent. The rise in such atrocities drew international attention to India's human rights violations, and several UN experts raised concerns over the government's efforts toward acknowledging the same. The UN specifically noted multiple governmental policies that undermine the rights of tribal communities who are already facing a violation of rights due to the illegalities in forest clearances.

Communal riots broke out even more often, and several draconian laws enabled those in power to abuse it to their liking. In Uttar Pradesh, authorities continued using cow slaughter allegations to target Muslims, and at least 4,000 people were arrested on these grounds through the National Security Act. This Act permits detention for up to a year without filing charges.

Meanwhile, Dalits continued to be victims of hate crimes and discrimination across multiple states. About 40 Dalit families in Odisha were socially boycotted when a 15-year-old girl plucked flowers from the backyard of an upper-caste family. In Karnataka, a Dalit man was stripped and beaten along with his family members for allegedly touching a motorcycle belonging to a dominant caste. In Gujarat, a Dalit lawyer was killed by people from the upper-caste community for a social media post he made critical of Brahminism.

• Freedom Of Expressing Or Associating

Many people who came together to protest for human rights were brought down under politically motivated cases, draconian sedition and terrorism laws, and so on. These include human rights defenders, student activists, academics, opposition leaders, critics, and others. A good proportion of them was charged with instigating communal violence, as seen in the Bhima Koregaon case in Maharashtra. Police investigations in many such cases were accused of being biased and 'aimed at silencing dissent'.

Even the fourth pillar of democracy, the media, was constantly under threat during the BJP rule for their criticism of the government. Several journalists, such as Siddique Kappan, Rajeev Sharma, Mohammed Zubair, Prashant Kanojia, and so on, were detained over charges that many deemed "unreasonable." The Press Club of India condemned multiple such arrests, pointing to the police's "dubious" past record of arresting journalists under the law without any basis.

These are some of the many such human rights violations that have been reported from within the country. The actual number of cases could go beyond the official documents, and it has called for a stronger government and citizen intervention to collectively protect rights within the democratic setting.

Also Read: Rule Of Law Index: India Ranks 77 Out Of 140 Countries, Improves In Order & Security Parameter