Introduction



Everyone in this world is born with
equality and inalienable rights. Equality, dignity, mutual respect are three
foundation principles forming the basis of human rights regardless of one’s
nationality, caste, race and religion. The concept of human rights is the
ability to make choices about one’s own life without any difficulties and also
to allow others to make their own choices about life. Human rights belong to
everyone in this world and it cannot be taken away from anyone. Even government
authorities do not possess the right to violate or abolish the human rights of its
citizens. Any violation or abolishment of human rights by the government may stop
people to enjoy the rights but it can never be stopped from existing. After the
traumatic facts of World War II, officials of 50 member states of the United
Nations came together to create a detailed list of human rights that everyone
must enjoy without any difficulties. Under the umbrella of Universal
Declaration of Human Rights (UDHR), 30 basic human rights have been formed for
every human being on 10th December 1948. Today 193 nations are the members of the United Nations and every member nation is bound to follow a certain code of
conducts to maintain human rights to ensure peace and freedom to citizens of
the world. However, there are instances of violation of human rights in
different corners of the world. It has been observed that cases of human rights
violation in South Asian countries are increasing at an alarming rate
especially India. India, being a Sovereign, Socialist, Democratic, Republic and
Secular nation, have recorded various cases of human rights violation.







A country like India which is one of the emerging economies of the world has not
been able to protect the basic human rights for its innocent civilians mostly
minorities. Muslims, Dalits, women and children have been the regular victims
of assaults and humiliation. Rape and military assaults in Jammu & Kashmir
has become a regular phenomenon in India. A detailed study has been made here
on the cases of human rights violations in India and the causes with possible
precautionary measures to stop human rights violations.


Human right issues



Mass Killings in J&K




In January, three construction
workers have been killed in an attack on an army camp by members of an active
militant armed group in J&K. Another active armed group claimed the
responsibility of an attack on a bus carrying Hindu pilgrims in Botengoo in
July, killing 8 and injuring 17. On 14 February 2019, a military convoy
carrying 40 Central Reserve Police Force personnel was attacked by a vehicle a borne suicide bomber in Pulwama district of Jammu and Kashmir, killing 40 and
injuring 5. Suspected armed group members regularly attack security and police
personnel in J&K (Amnesty.org. 2019).





In 1997, Jammu & Kashmir State
Human Rights Commission have been formed by virtue of J&K Protection of
Human Rights Act, 1997. The independent and autonomous commission is
responsible for upholding and protecting human rights in J&K particularly.
People from Muslim communities also form part of this commission (Human Rights Watch. 2019).









J&K Human Rights Commission can
be more powerful and effective provided there is no interference of the
government and political parties. The commission must be vested with more
powers and independence to avoid political pressure in order to perform its
prime duty to protect the human rights of its civilians. 






Inhuman Caste System and Communal
Violence



Crimes and assaults motivated by
religious beliefs and bias rose up to 93 in 2018 recording a decade high. 30
people were killed in 2018 and 305 injured due to communal violence. Muslims
has been a majority in the number of victims. In 2018, around 17% of the
communal attacks were on the pretext of inter-caste relationships and 15% were
motivated from cow protection groups. 
More than 40000 crimes were reported in 2016 against scheduled castes
and Dalits (Nhrc.nic.in. 2019). According to activists sources, at
least 90 Dalit men died while cleaning sewers though this practice has been
abolished (Amnesty.org. 2019).





Article 30 of the Indian
Constitution has granted the fundamental rights to all minorities irrespective
of their religion and language to set up and administer the educational
institution of their choice. A special relevance has been given to all
religious minorities by the preamble to the constitution as states India as a
secular country. In accordance with the United Nations National Commission for
Minorities were formed by virtue of the National Commission for Minorities Act,1992
to protect and promote minorities. Article 338 of the constitution has assigned
National Commission for Scheduled Castes to safeguard the rights of scheduled
castes and investigate in the cases of deprivation of such rights (Human Rights Watch. 2019).





It has been observed that
investigations in all the cases of torture and assaults against minorities be
it religious and language is not conducted properly and without political
pressure. There are cases of threats to investigating officials which prevents
the true facts being published publicly.





Crimes against Women



According to sources crimes against
women went up to 83 per cent in 2016 as compared to 2007 contributing to four
cases of rape every hour. Rape accounts for 12 per cent of all crimes against
women (Nhrc.nic.in. 2019). In 2016, 338000 cases were
reported including 110000 cases of domestic violence and by relatives. The
state of Delhi and Sikkim recorded the highest rates of rape in 2016. India is
keeping a poor track record of ensuring women safety even after horrifying cases
of Delhi, Unnao and Kathua rape case. All these incidents have contributed to
the fact that India is one of the most dangerous places for women. The conviction rate of rape cases is just 25 per cent in 2016. There are hundreds of cases of
domestic violence, marital rapes which go unreported every year (Amnesty.org. 2019).





Indian constitution promotes gender
equality and women empowerment with the help of Article 21, 14, 19 and 32.
Section 498 also provides the ground for non-bailable offence and punishment of
accused of domestic violence. The Legal Services Authorities Act,1987 empowered
all the female rape victims with the right to get free legal aid. It is also
illegal to arrest women at night. Women also have the special right to lodge a
complaint virtually via email or postal service without going to police station
physically. Section 354D of Indian Penal Code has made stalking of women by any
possible means be it physically or via internet or phone, illegal. Provision of
Zero FIR has also been introduced by Supreme Court which states that FIR can be
lodged at any police station irrespective of the location of the
incident occurred or any specific jurisdiction under it comes. Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act
2013 is enacted to protect women rights at the workplace (India.gov.in. 2019).





In India, women in parliament constitute
around 11 per cent and women in the labour force around 27 per cent. Most of the
accused in rape cases are related to political parties which resulted in a biased investigation on the part of the police. There is a lack of awareness
among women to register cases of domestic violence. Government has failed to
ensure social security to the victims resulting in suicides by the survivors.





Rights to Children Denied



Around 106000 cases of violence
against children reported in 2016. National survey data states that 36 per cent of children aged below five were underweight and over 38 per cent were short for
their age. 70 children died in a hospital in Gorakhpur, Uttar Pradesh because
of disrupting oxygen supply. Only 1.2 per cent of GDP is spent on health,
nutrition and preschool education. In 2016, 38947 child rape cases were
reported of which in 94 per cent cases the accused are related to the victims.
In 2016, 4 out of every 10 rape victims were minors. In spite of bans on child
labour, cases of child labour especially in family business go unnoticed. More
than 30 per cent of educational funds is allocated to higher education leaving
primary education in pain. A study revealed that around 3 million children are
living on the streets and over 150 million children are still working as bonded
labours. Despite the provision of compulsory primary education, only 50 per cent of children get basic education (Amnesty.org.
2019).





Right of Children to Free and
Compulsory Education Act enacted on 4 August 2009 to ensure free and compulsory
education to children aged between 6 and 14 years under Article 21A. India is
one among the 135 nations to make education a fundamental right to children.
Protection of Children from Sexual Offences (POCSO) Act 2012 to protect
children rights to live freely and seek proper justice (Nhrc.nic.in. 2019). National Commission for Child
Rights is also formed keeping in mind the child safety issues. Several other
NGOs have emerged to address the issues of child rights (India.gov.in. 2019).





With the increase in the cases of
child labour and child abuse, there is a need to foster child rights rules in a
modern way to make proceedings faster and cleaner. There should be awareness on
the part of the guardians to encourage a child to lodge a complaint with the
police. Society should also accept victims in a positive way so that victims
can lead their lives easier in future. Every family must ensure their child get
a good basic education irrespective of their financial positions. More NGOs
should come forward to help underprivileged children and there should be more
donors for this noble cause.








Press and Journalism in Pain






Press and Journalists came under
recent attacks for expressing their freedom of expressions and speech. Journalism
has always been targeted for political interests. Basic Right to speech has
violated many times to curb critical facts about the ruling governments. In
September 2016, a journalist named Gauri Lankesh was shot dead in Bengaluru for
opposing caste system. While covering political clashes, journalist Shantanu
Bhowmick was killed near Agartala. A French filmmaker was also detained for
three days for researching on Kashmir conflicts while violating visa rules. 18
murders cases of journalists were reported from 2008 to 2018.  Since 1992 48 journalists were killed. In 23
years only one murder case has been prosecuted. India refused to participate in
UNESCO’s impunity accountability mechanism which requested the status of killed
cases (Amnesty.org. 2019).





Committee to Protect Journalists was
formed as an independent non-profit organisation to promote press freedom
worldwide. The Working Journalist Act has been introduced to protect the
interest of the journalists. Press Council Act 1978 also ensures freedom of
speech and expression of the journalists. With the emergence of powerful social
media, any cases of assaults and harassments are exposed clearly to the public, unlike
earlier days.





Social media has a huge role in
protecting the rights of journalists and press workers today. Any news of
insults is reaching billions of people within clicks resulting in huge protests
against such acts nationwide. Today nothing is unknown. A specialised law or
act must be enacted with more strict provisions to punish offenders in these
cases. Opposition parties must play a vital role in this process.





Conclusion



As India celebrates its 71st birthday,
violations of human rights are increasing at an alarming rate over a period of
time. Mostly government officials and people having political backgrounds are
involved in the cases. Press and journalism are under constant attacks and
threats since the British rule. Sometimes child rights are violated as a result
of poverty in India. Several corrective measures have been taken to curb such
cases. Shakti programme is initiated to train women in self-defence which was
organised in schools and colleges. Conviction rates of crimes against women
must be increased to favourable highs by fearlessly probing the cases and
arresting the accused irrespective of their political influence. More women
must be included in police and armed forces so as to empower women. More tax
rebates must be given to donors who donate to any children education funds to
encourage poverty-stricken children to get basic primary education. Government
officials must act independently and without fearing transfers orders. Instead
of using minorities as a vote bank, their issues must be dealt with utmost
urgency which will result in a more peaceful and growing country. Press and media should stop being puppets of the ruling
party and should be freed from any political influence to express impartial
views and share true news updates without hiding critical facts. National
Human Rights Commission should be given more powers to act rigorously and
independently along with the state human rights organisations. A uniform human
rights campaign must be started by the government to protect its own citizens
in its own interest.














References



Amnesty.org. (2019). India 2017/2018.
[online] Available at:
https://www.amnesty.org/en/countries/asia-and-the-pacific/india/report-india/
[Accessed 25 May. 2019].


Human Rights Watch. (2019). World Report 2019:
Rights Trends in India. [online] Available at:
https://www.hrw.org/world-report/2019/country-chapters/india [Accessed 25 May. 2019].


India.gov.in. (2019). Constitution of India |
National Portal of India. [online] Available at:
https://www.india.gov.in/my-government/constitution-india [Accessed 25 May. 2019].


Nhrc.nic.in. (2019). Suo-Motu Cognizance
Cases | National Human Rights Commission India. [online] Available at:
http://nhrc.nic.in/complaints/suo-motu-cognizance-case [Accessed 25 May. 2019].