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Human Rights in India

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An Introduction to Human Rights in India

Human rights in India are a complicated issue that involves various types of rights and duties. The Constitution of India is the world's largest constitution, which defines different fundamental rights and duties such as freedom of speech, formation of assemblies, moving all over India, and starting any business. These human rights are protected in this. Also, the independent judiciary focuses on issues related to these rights. India is a democratic country in which people freely choose their religion and freely spend their time. The Constitution is a rule for the people, of the people, and by people. According to this scenario, discrimination is not possible, which is harmful for the entire country. Human exploitation is not possible on the basis of sex, race, religion, or place of birth. On the basis of this act, the rights of every person are protected, which does not even harm any person. In order to protect them, every country has to take action and improve their performance as well. They need to frame some other acts that are able to protect the rights of people and provide the best possible security for them.

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The situation of human rights in India

The Constitution of India is the world's largest constitution, which consists of various chapters and defines rights and duties. On the basis of this, a violation of human rights is not possible. In Section 19, various types of human rights are mentioned, which protect them as well. Some human rights are aligned below.

  • Freedom of speech.
  • Freedom to form assemblies.
  • Freedom to move anywhere in India.
  • Freedom to start business where people want.
  • Rights to privacy and vote.
  • Rights to freedom of expression.

These factors mentioned above are protected by the law. It defines dignity to ensure that every person is protected by law and also provides the opportunity to realise their full potential. For the same purpose, the country constituted a commission to protect the rights of people, known as the National Human Rights Commission of India. Further, it is purely a public body that can protect human rights. Through which people are to spend their lives where they want. This commission is related to providing dignity, life, liberty, and equality. On the basis of this act, discrimination is not possible on the basis of sex, race, religion, or place of birth. The government has framed some various types of laws, which are to be followed by all the people and enhance the development of the country as well. They can be helpful in promoting awareness, which is better than others. The government of India needs to recognise new laws from time to time that are helpful to the development of the country. Human rights mainly define different things for various other people. Which means every person is able to get what they want. These rights play a significant role in every country and have to be followed by every person. Also, various laws are defined in the constitution that help protect the rights of people, as aligned below.

Section 21A: This section states that it provides compulsory education to children from the age of six to fourteen years. It is the responsibility of the government of India to provide education and frame some laws that are helpful for the development of the country.

The government also framed some laws that can protect children from hazardous industries and imposed some restrictions on organisations so that they are not able to recruit any children, especially for hazardous work. A violation of human rights is not possible on the basis of any specific reason; otherwise, they have to pay some penalty that is imposed on them. The continuous development of a country can be possible with the help of these factors.

The Indian Constitution contains some rights, but it also contains some fundamental duties that every person must fulfil. Some fundamental duties, which are aligned below,.

  • Every person has to respect the national flag and the national anthem.
  • People need to protect the sovereignty and integrity of India.
  • Needs to develop humanism, which is beneficial for the growth of the country.
  • Not be able to harm public property and have to safeguard it.
  • Citizens have a responsibility to protect and improve the natural environment.

These duties are outlined in Section 51A and have to be followed by every person.

Human rights are framed by the National Human Rights Commission of India and involve rights to liberty, life, and equality. Through these rights, every person feels safe, and no harassment can be possible. In terms of human rights, the Indian government has enacted a variety of laws and regulations that all citizens must follow. These can be used to protect them and raise their standard of living as well.

Explaining human rights violations

Human rights are the rights given to every human being regarding their gender, colour, nationality, religion, language, or any other. The basic principle of it says that every person in the world is equal and should be treated equally without any discrimination. These are the legal laws provided by the constitution of a country. International laws also safeguard the human rights of a person. The National Human Rights Commission of India, which is an independent body, is responsible for the protection of these rights. They ensure that every citizen of the country should not face any discrimination on any basis, and a violation of these laws will lead to legal punishment. In a country like India, which has a large population, illiteracy, poverty, and division of people on various bases, it is very common to violate these rights. These rights can cover social, economic, political, or civil rights like the right to freedom of expression, the right to freedom of religion, the right to education, the right to property or the right to vote, and the right to have food and to live. Various cases have occurred where the breaking of these rights has happened, like the Bhopal Gas Tragedy, Gujarat Riots, and harassment of women, children, and labour, which also clubbed human rights. Tribal communities also violate laws.

Human rights are moral norms and principles to describe human behaviour and are regularly protected as legal rights in international laws. After the world loses life and abuses rights, create new rights at international level that are safe for all humans. These rights are some certain claims and freedom of peoples all around words and fundamental, universal in character, and assumed international dimensions. Human rights in India are complicated issues because of the country's large size and population, lack of a proper education system, and democratic republic. The United Nations human rights councils create and mandate violations of rights. This council is a subsidiary body of the general assembly and reports directly to it.

Violations in India due to abuses by armed groups committed by many parties. While the Communist Party of India was suspected of extortion, abductions, and unlawful killings in many states of India, armed groups in India are believed to have committed similar crimes. Caste-based discrimination and crimes against many scheduled castes The government cancelled the registration of several civil society organisations, which specially stopped them from gating foreign funding (Sharma, Sharma, and Devi, 2011). Violations against women were allegedly committed by members of the armed forces in India.

The future of human rights

In the future, human rights will expand very rapidly, which is the basic reason for the development of a country. Further, it is a global policy on international law that defines that human rights involve innovations and expectations. In order to protect the rights of the human government of India, we have to frame some rules and regulations that every citizen of India needs to follow. Under these laws, protection and promotions are possible. The global economy requires various human rights so that people can freely survive in the country and use their rights as well. Democratic rights are based on a theory that is created by the state. These rights are the rules and regulations of communication among people. The rights of people are important for the development of a country. In the future, the government will try to protect human rights through which continuous growth of the country is possible.

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How is it going to be

The higher authorities try to protect the rights of people, but in some places, lots of people follow those rules and regulations. They framed some to protect the children from child labour. Most of the organisations recruit children for hazardous work that is not even good for their health and also causes death for them. So, for the same purpose, the government has to take some strict action against them. Women's harassment increases day by day, which is under the control of the government. They just frame some rules but are not able to take any strict action. They need new laws, which consist of different types of rules and regulations and are to be performed by every person. Apart from that, they have to set some more laws to provide free education to children in order to continue the improvement of the country. But these laws are having a good impact in India, through which growth is possible and improves the performance of the country as well (Gidwani and Reddy, 2011). In various places, organisations are restricted from recruiting child labour, and if they do, then they must obtain prior permission from their parents. Child labour has some exceptions, such as when a child is able to perform work in every government school because he learns something during work and also tries to improve his nowledge. Another exception is when a child is able to do work in the business of his family. He is able to support the family in family business.

What is being done?

Human rights are an important topic that every person should remember. Most of the laws, rules, and regulations are framed by the government of India and have to be followed by every citizen as well as companies. Most organisations restrict the recruitment of children, but in some places, companies appoint child laborers. This does not even support the development of a country and improve its performance as well. India is a democratic country in which every person has the right to choose their own religion. But at present, most of the laws are set by them, but harassment of women and child labour are present in the country (Chavan et. al., 2012). So, the government has to take some important steps against them and try to avoid these conflicts with the help of rules and regulations.

What needs to be done

The present condition of the country is not so good, so the government has to take some corrective action in order to protect human rights and provide continuous growth for the country. This government plays an important role in saving their rights and improving the performance of the country. At present, a huge number of laws are in place that are able to protect rights and provide protection to them. But apart from that, women's harassment and child abuse also increase day by day. The government of India has to frame some more rules and regulations in order to provide better protection to them. Through this, people can freely move anywhere in India and be able to survive as well. They need to take corrective actions in favour of the country and try to protect the rights of people. They need to frame some rules and regulations that are able to help in the continuous growth of the country.

Effect of British colonisation on human rights

Human rights can be termed the moralistic principles and norms that are used to describe the behaviour of humans and their rights. These can be understood as legal rights under municipal and international law. Also, every human right is conferred by the constitution of each and every country. Human rights is a complicated issue that is related to poverty, lack of proper knowledge and education, large size, etc. (Donnelly, 2013). According to the Constitution of India, there are several rights, known as fundamental rights, that involve freedom of religion. In the aspect of British colonisation, it had affected India in a negative manner. One of the major issues that has affected human rights in India since British colonisation is human trafficking. It consists of various types of human rights violations that extend up to slavery and sex. According to the survey, India is the country with the highest rate of human trafficking due to the fact that the laws made in respect of human rights are vague and not clear. Citizens of India do not have enough knowledge about the laws and legislation, so they become victims of human trafficking (Lauren, 2011). British colonisation and rule had a negative impact as they introduced human rights violations for the citizens of India. The British Raj has impacted human rights in the following manner:

Violence in respect of peace

It is one of the ways in which the British Raj hampered human rights in India. It can be related to the time of April 13, 1919, when the rulers killed around 10,000 people in the Jalliyanwala Bagh. It is clearly a violation of human rights. Also, the British rulers imposed several taxes on salt, which was protested by Mahatma Gandhi.

Dalits

In this 70th year of independence, it has been evaluated that, since British colonisation to this day, there is still an existence of human rights violations in the form of austere differences in the form of discrimination among Dalit people. It can be concluded that the Dalit community is the embodiment of the overall violation of human rights in India since British rule.

Child rights

As per a survey by Human Rights Watch, there are many children who are not able to complete their studies on time due to child rights violations (Beitz, 2011). They are forced to leave the school and asked to get involved in agriculture. It has evolved since the introduction of the British Raj in India. It is one of the ways in which children's human rights have been exploited. Also, the worst part is that from that time to now, in this modern era, there is still a little spark of violation of human rights of children, as in villages, especially girls are not allowed to study and accomplish their respective dreams.

Freedom of expression

It depicts the situation in which people are not able to express their views and expressions with freedom. It has been continued under the rule of British rulers. It can be understood in the way that many people are killed for expressing their views (Shelton, 2015). It means that from the evolution of rule, it has been continuing since now.

It can be concluded that these are just examples that prove various human rights violations have been introduced by British colonisers and are still in existence. Also, there are some other issues that prove to be important factors and connected with violations of human rights. These can be explained under the headings:

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Poverty

Human rights are all about the rights of an individual, which means all men's and women's rights are treated equally without discrimination on the basis of caste, religion, colour, or gender. Simply human rights show equality amongst all people.

Poverty is the word that describes the condition of the lower section of society, which means poverty is all about the worst situation of the poor people in the country. In this advanced country, everyone has the right to live their life with respect and dignity, but due to ignorance, poor people get affected. Due to the improper working conditions of the Indian government, poorer sections of society get ignored; in fact, they are not able to earn enough to fulfil their needs and wants.

Their rights get violated because they don't even know about the rights that were made by the government. Poverty is one of the major issues in today's world because of illiteracy, as there is an absence of educated people, which results in the exploitation of human rights. Basically, it is understood that poverty is a result of discrimination, lack of equality, illiteracy, uneducated people, and the exclusion of the lower sections of society. Due to the exploitation of human rights, the overall development of a country gets influenced because weaker people don't even know their rights. India must be concerned and take care of the poorer people because they are the future of developed countries. The upliftment of weaker people is very necessary to make Indian society free from poverty and hunger. In simple words, poverty is not only inequality; in fact, it simply shows the abolitionism of opportunities for the lower caste. But sometimes poverty clearly defines the worst situation in a weaker society, which creates an absence of equality. Basically, poverty covers all the matters through which a person or an individual gets influenced, like hunger, the absence of educational facilities, a lack of opportunities, and an unfriendly and unhygienic area. Every year, many people die due to malnutrition, and most of the people suffer from hunger problems.

Poverty is a very broad issue in Indian society because, due to the violation of human rights, poor people are not able to fulfil their needs and wants as they don't get a chance to earn something for  themselves.A country must consider these problems because this is an indispensable matter that can't be ignored. The government of India needs to try to abolish poverty and take major steps or immediate action to eradicate it.

The class differences

Class difference is the term in which people's status and class are violated. It is a term that is related to poverty. In India, there is a great relationship between class differences and violations of human rights. It can be considered a misdemeanour of cultural rights under the cultural heading conferred by the Constitution of India (Merry et. al., 2010). In this aspect, the rights are violated in the sense that poor people do not get privileges, and they also do not get as many advantages as the upper class does. It is a clear demarcation of their rights. Further, it has been said that low-class people are often used by upper- and middle-class people for their own purposes. For example, they discriminate against, torture, and enforce their restrictions on lower-class people. It is the infraction of human rights by people who belong to the lower class. On the other hand, upper- and middle-class people enjoy their human rights and other freedoms. However, sometimes their human rights are also affected by the policies and strategies that are formed by politicians and the government. The government should control human rights violations by making laws and regulations that aim to protect the rights and freedoms of every citizen of India. Also, from the point of view of the corporate sector, employees are discriminated against on the basis of their class and education. It means that the rights of lower-level employees get infringed upon as they do not get as many opportunities and rights as the upper-level management and employees do (Joseph, 2012). According to the Employment Act, all employees of the business organisation are the same, and no one should discriminate against any employee.

Working conditions

It refers to the term in which it includes information about the situation in which an employee works. It can be related to the core of paid work and employment relationships. Employees rights get violated as employers force them to do their tasks more than the standard time. Along with this, they are paid less for the work done. Further, it has been depicted that due to improper working conditions, the human rights of employees get violated, and they also feel demoralised and demotivated, which also fosters the performance of employees and the company. Also, child labour is a big term in which there is an influence of an infraction of human rights. Under the Constitution of India, it is illegal to get work done by children, as it is a complete violation of human rights. Also, in respect of employment, an employer should not discriminate against his employees by providing incentives and schemes. It is the right of an employee to communicate with other employees through mail and the internet. So, if any employee is not allowed to do so, it is a distinct violation of his human right, as they do not have the freedom to access basic facilities. Various laws and regulations should be framed in respect of the protection of human rights of employees and labour with regard to working conditions.

In addition to this, the labour class is also affected by the violation of human rights as they are forced to work for low wages. For example, for the construction of a building, many workers are hired and asked to do more work with comparatively lower wages. It is another example that sets out the infringement of human rights in the context of working conditions.

Women rights

Women's rights is the term that refers to the rights and obligations that are conferred on women. It means they are entitled to enjoy their rights and freedoms as they are also citizens. Women are the most affected by violations of human rights. It has germinated due to the divisive caste system in India. It means that women are not allowed to enjoy their freedom as they are restricted by those values and various customs (Wettstein, 2012). They are the victims of domestic violence and other harassment techniques, which proves that their rights are ruptured and violated. According to the UN survey, women are forced to bring dowry with them during marriage. Also, women in India face various forms of discrimination on the basis of sexual harassment and trafficking. Young girls are forced to get involved in these kinds of acts. The main victims of trafficking are the poor people who sell their girls for money. The government should try to achieve more in the field of protecting the rights of women, as they are equivalent to men. In this modern era, women prove to be great administrators in each and every kind of field. Also, it must be noted that the violation of the rights of women mostly takes place in rural areas and backward parts of the economy. They should be given the same opportunities and offers as the men.

Also, in the aspect of employment, in India, the rights of women are infringed, as they do not get the same job opportunities and benefits as men. They should also be provided with maternal benefits and compensation.

In regard to this, it has been understood that in India there is still a violation of human rights in different fields and areas. Various laws and legislation should be framed in respect of the protection of human rights of citizens of India.

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Conclusion

From this assignment, it has been concluded that human rights are those rights and moral principles that have been conferred by the Constitution of India on their citizens. Various laws and legislation have been framed in respect of the protection of their rights and freedom. Further, it has been said that the rights of women and children are protected against forced labor. It can also be noted that the government of India should educate the rural backgroubnf of the country so that they can gain knowledge about different laws that have been prepared in the aspect of human rights.

References

  • Allison, E.H., and et. al., 2012. Rights-based fisheries governance: from fishing rights to human rights. Fish and Fisheries.
  • Bajaj, M. (2012. Human rights education in small schools in India. Peace Review.
  • Beitz, C.R. (2011. The idea of human rights. Oxford University Press.
  • Budiani-Saberi, D.A., Raja, K.R., Findley, K.C., Kerketta, P., and Anand, V., 2014. Human trafficking for organ removal in India: a victim-centred, evidence-based report. Transplantation.
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