Welcome to Human Rights Commision South Asia Official Website  




Human right violation in India


India is the second largest democracy in the world and is emerging as the developing nation since many years and is on the path of Super power due to the protracted and tremendous progress made in the Nuclear capabilities, latest technological development in the department of telecommunication, science and technology, Information technology, industry, defence preparedness and also having made friendly, good and bilateral relations with the neighboring and powerful nations of the world like America, China, Britain etc.

The overall development is in the interest and welfare of the egalitarian society as well as the political influence and economic dependence India is the largest democracy in the world and the philosophy of our Constitution is that despite the different religions, castes, cultures, traditions, regional disparities it has become an example for the whole world that India is developing its economy at a very rapid rate in the present context of developing economy and further more it is also a matter of pride that India is emerging as developing country and is on the path of developed country/Super Power in the International fora. In the present day scenario, India has also shown example in containing militancy and showing the path of peace in the international forum.

It is ironical and distressing that there is human right violation in our society whereas the philosophy of our constitution is to built up a "Welfare State" - A state in which there is social justice, liberty, equality, fraternity that are embodied in our constitution. Essence of these features is due to the fact that these are the foundation of our modern civilization and egalitarian society and moreover contemplation of these features in the vision of our society are of paramount importance for consistent growth of our economy and over all development in every sector.

In the present day context, it is most controversial issues and challenging considerations before the society that there has been human right violation at various levels as under:-

Plight of Women: There has been continuous process for bringing the civilizations and its convertibility into egalitarian society. But reality is that since the day our society has come into existence, the women have not been treated equally due to numerous constraints and compulsions. They had been victim to various atrocities like physical and mental torture, economic and sexual harassment, child marriage, dowry death, infanticide and other multifarious crimes and victimization of women commensuration with innumerable other impediments that have also been the root cause of impairment of our society and these inhuman acts have endangered and damaged the society to a larger extent in the prevailing circumstances.

Nithari Episode

It was national shame during the December 2006 when the inhuman acts done by Surinder on small children in Nithari village have shaken the whole nation. He confesses for killing 20 neighbour's kids. National Commission for Women (NCW) was set up for investigating the case of missing children. On 03 Jan 2007, Central Government constituted a high level committee to probe such serious and heinous crime. Some of the policemen were suspended and compensation from 2 to 5 lakhs was given to the parents of the missing children. But is it the justification that the parents of the missing children can be compensated with certain some of money?

Prohibition of Traffic in Human being and forced labour

Under Article 23, traffic in human being and beggar and other similar form forced labour are prohibited and contravention of the provisions shall be an offence punishable. It includes "traffic in human being" i.e. engagement of children's and women as forced labour by land lords rich and influenced persons. Such type of exploitation is not less a serious challenge to human freedom and civilization. The clause does not prohibit forced labour as punishable for such heinous and criminal offence.

Prohibition of employment of children in factories and big establishments

Under Article 24, no child below the age of 14 shall be employed to work in any factory or engaged in the hazardous employment. Even Supreme Court directed that children should not be employed in hazardous embellishments.

Protection of life and personal liberty

The Supreme Court has more than once observed "that", those who feel called upon to deprive other person of their personal liberty must strictly observe the forms and rule of law. It is mentioned in the constitution that life and personal liberty are subject to "the procedure established by law." The Supreme Court was of the view in 1978 decision in Maneka's case that there was no guarantee in our constitution against arbitrary legislation encroaching upon personal liberty.

Liberty should be coupled with social restraints and subordinated to the liberty of the greatest number of common happiness. Guaranteeing of certain rights to each individual would be meaning less unless all inequalities are banished from the social structure and each individual is assured of equality of status and opportunity in the democratic form of society.

It is pertinent to mention that it is not one sided task and effort, be it Government, authority, educational institutions, bureaucrats or the parentage rather it is the multifarious endeavour of the society as a whole, all the above forming part of our society in the perspective of innovation of our civilization and democratic system and social norms and to make the society more liberal, valuable, genius, magnanimous, spiritual, cooperative and above all a disciplined society which could meet the challenge of anti-social elements, anti-terrorism, eradication of corruption and poverty which the society is facing in the present context. Our society requires to establish A socialistic pattern of society as our aim is to establish "Welfare State" as envisaged in the Constitution. The constitution further seeks to achieve the dignity of the individual by guaranteeing equal fundamental rights as well as fundamental duties in terms of Directive Principle of State Policy.

It is reiterated that the educated citizens of this biggest democracy to great extent are indifferent and ignorant to the basic features of our constitution - social justice, liberty, equality, fraternity that are embodied in our constitution. They are forgetting that the essence of these features are of paramount importance for the foundation of our modern civilization and contemplation and conversion of these features in the vision of our egalitarian society is equally important for consistent growth of our economy in every sectors in the present context.

Social Justice - As a fundamental might in the comprehensive form can be meted out to our masses if we endeavour to eradicate the numerous constraints and compulsions and problematic issues and take pledge and determine to remove social imbalance by law harmonizing the interest of different groups/sections - a way to built up a "Welfare State".