Human rights are the cornerstone of a just and fair society, ensuring dignity, equality, and freedom for all individuals. In India, human rights laws play a crucial role in safeguarding these fundamental rights and addressing human rights violence in India. The Indian Constitution and various legislative frameworks have been established to protect citizens from discrimination, exploitation, and abuse.

Understanding Human Rights in India

Human rights refer to the basic freedoms and rights that every individual is entitled to, regardless of caste, religion, gender, or nationality. These rights are essential for maintaining social harmony and justice. In India, human rights are protected under:

• The Constitution of India – Fundamental Rights (Articles 12-35) provide protection against state oppression and ensure civil liberties.
• The Protection of Human Rights Act, 1993 – This act led to the establishment of the National Human Rights Commission (NHRC), which monitors and investigates human rights violations.
• International Human Rights Treaties – India is a signatory to various global agreements like the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR).

Forms of Human Rights Violence in India

Despite strong legal frameworks, human rights violence in India continues to be a significant concern. Violations take multiple forms, affecting vulnerable groups across the country.

1. Gender-Based Violence

Women and girls in India often face gender-based violence, including domestic abuse, sexual harassment, honor killings, and trafficking. Laws such as the Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace Act, 2013, aim to combat such issues.

2. Caste-Based Discrimination

The caste system continues to be a major source of oppression in India, leading to discrimination, untouchability, and violence against Dalits and other marginalized communities. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, provides legal protection against caste-based crimes.

3. Child Rights Violations

Child labor, child trafficking, and abuse remain persistent problems in India. Laws like the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Protection of Children from Sexual Offences (POCSO) Act, 2012, aim to safeguard children’s rights.

4. Police Brutality and Custodial Deaths

There have been increasing cases of police brutality and custodial deaths in India, raising concerns about human rights violations by law enforcement agencies. The Supreme Court has issued guidelines to prevent torture and ensure accountability.

5. Freedom of Speech and Press Restrictions

Although India guarantees freedom of speech under Article 19 of the Constitution, journalists, activists, and dissenters often face threats, legal action, and violence. The misuse of laws like sedition charges has raised global concerns about press freedom in India.

Role of NHRC and Judiciary in Human Rights Protection

The National Human Rights Commission (NHRC) plays a vital role in addressing human rights violence in India by investigating violations, recommending policy changes, and ensuring justice. Additionally, the Supreme Court of India has been instrumental in protecting human rights through landmark judgments on issues like privacy, LGBTQ+ rights, and environmental justice.

Conclusion

India has a robust legal framework to protect human rights, but challenges persist in enforcement and implementation. Lex Confiance India is committed to promoting awareness and legal solutions to combat human rights violence in India. Strengthening legal mechanisms, increasing awareness, and ensuring strict accountability are essential for a just society where  Human Rights Law in India are truly upheld.