Human Rights in India: Awareness, Violations, and Justice Mechanisms

Posted on Aug 30, 2025 in Law & Jurisprudence

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Benefits of Human Rights Literacy & Awareness

Introduction

**Human rights literacy** refers to educating individuals about their fundamental rights and freedoms, as guaranteed by the Constitution and international human rights laws. It involves spreading awareness about rights such as the right to life, liberty, equality, freedom of expression, education, and protection against injustice.

In a democratic nation like India, where social inequalities and injustice persist, fostering human rights awareness is crucial for building a just and inclusive society.

Major Advantages of Human Rights Literacy and Awareness

Empowering Individuals & Communities

  • Human rights education makes people aware of their rights and how to claim them.
  • It empowers the poor, marginalized, and vulnerable sections of society to fight against exploitation and injustice.

**Example:** An educated domestic worker who knows her rights is more likely to protest against underpayment or abuse.

Reducing Social Inequality & Discrimination

  • Awareness about rights helps reduce **casteism**, **gender bias**, **religious intolerance**, and **discrimination** based on disability or ethnicity.
  • It encourages equality in access to opportunities and justice.

**Example:** Women who are aware of their legal rights can take a stand against dowry, domestic violence, and workplace harassment.

Promoting Democratic Values & Participation

  • Educated citizens actively participate in democratic processes like **voting**, **public debates**, and **governance**.
  • Awareness creates responsible citizens who can hold governments accountable.

**Example:** An informed public can challenge unfair laws or protest peacefully against human rights violations.

Preventing Human Rights Violations

  • Lack of awareness leads to silent suffering. But when people know their rights, they can resist abuse.
  • It acts as a **preventive tool** against violations by state or non-state actors.

**Example:** Awareness about the Right to Education ensures that children are not pushed into child labor.

Fostering Peace & Conflict Resolution

  • Human rights education teaches **tolerance**, **respect**, and **non-violence**.
  • It reduces social tensions and promotes peaceful coexistence in a diverse country like India.

Enhancing Legal Empowerment

  • Aware citizens are more likely to approach courts or human rights commissions when their rights are violated.
  • It encourages the use of **legal remedies** instead of violence.

**Example:** Victims of custodial torture or land displacement can seek justice through legal institutions if they are aware of their rights.

Driving Social & Economic Development

  • Human rights education contributes to **better health**, **education**, and **livelihood opportunities**.
  • A society where rights are respected ensures stability and development.

**Example:** Awareness about labor rights leads to better wages and working conditions, improving quality of life.

Supporting Vulnerable Groups

  • It specially benefits **women**, **children**, **tribals**, **disabled persons**, and **minorities**, who are often targets of systemic discrimination.
  • Awareness enables them to fight for their constitutional and human rights.

Strengthening the Rule of Law

  • It promotes trust in legal and justice systems.
  • It encourages people to follow laws and seek justice legally instead of taking the law into their own hands.

Cultivating Global Citizenship

  • It encourages understanding of international human rights issues.
  • It promotes respect for cultural diversity, human dignity, and peace on a global level.


National Human Rights Commission (NHRC) of India

Introduction

The **National Human Rights Commission (NHRC) of India** was established on **October 12, 1993**, under the **Protection of Human Rights Act, 1993**. It is an independent statutory body established to protect and promote human rights nationwide. The NHRC serves as a watchdog against human rights violations, striving to ensure justice and dignity for all citizens.

NHRC Composition

According to the Protection of Human Rights Act, the NHRC consists of the following members:

Chairperson

  • A former **Chief Justice of India**.

Other Members

  1. One member who is or has been a **Judge of the Supreme Court**.
  2. One member who is or has been the **Chief Justice of a High Court**.
  3. Two members with knowledge or practical experience in matters relating to **human rights**.

Ex-Officio Members

  • The Chairpersons of the following National Commissions are ex-officio members:
    • **National Commission for Scheduled Castes**
    • **National Commission for Scheduled Tribes**
    • **National Commission for Women**
    • **National Commission for Minorities**

Appointment Process

  • The Chairperson and members are appointed by the **President of India** based on recommendations from a committee headed by the **Prime Minister**, with other members including:
    • Speaker of the Lok Sabha
    • Home Minister
    • Leaders of Opposition in Lok Sabha and Rajya Sabha
    • Deputy Chairman of the Rajya Sabha

NHRC Powers

The NHRC has both **civil court powers** and **investigative powers** under the Human Rights Act.

Civil Court-like Powers

  • Summoning witnesses and examining them under oath.
  • Requiring the discovery and production of documents.
  • Receiving evidence on affidavits.
  • Requisitioning public records or copies from any court or office.

Investigative Powers

  • Can independently investigate complaints of human rights violations.
  • May visit **jails, detention centers, police stations**, and other institutions to examine living conditions.

Recommendatory Authority

  • NHRC can recommend actions to the government or public authorities, but **its decisions are not binding**.
  • The government must inform the NHRC of actions taken within **one month**.

Intervention Powers

  • NHRC may intervene in any court proceeding involving human rights violations with the court’s approval.

NHRC Functions

According to Section 12 of the Human Rights Act, the NHRC performs the following functions:

Complaint Inquiry

  • Inquires into **petitions or complaints** of human rights violations, either **suo motu** (on its own) or upon receiving a complaint.

Rights Protection

  • Investigates cases of **negligence or failure by public servants** in preventing human rights violations.

Visits to Institutions

  • Visits **prisons**, **detention centers**, and **mental health institutions** to study the treatment of inmates and suggest reforms.

Review of Laws & Policies

  • Reviews constitutional and legal safeguards to ensure they are effective in protecting human rights.
  • Can recommend amendments to laws that may violate or restrict rights.

Education & Research

  • Promotes **human rights awareness** through media, seminars, workshops, and publications.
  • Encourages **NGOs and institutions** working in the field of human rights.

NGO Collaboration

  • Supports and coordinates with **non-governmental organizations** to promote and protect human rights.


Key Causes of Human Rights Violations

Introduction

**Human rights violations** occur when the fundamental rights and freedoms inherent to every person are ignored, denied, or abused. These include the right to life, liberty, dignity, education, equality, and legal protection. Despite national and international efforts, violations persist due to various social, economic, political, and cultural factors.

Main Causes of Human Rights Violations

Poverty & Economic Inequality

  • **Poverty** is one of the biggest obstacles to enjoying human rights.
  • Poor people often lack access to food, shelter, healthcare, and education—basic human rights.
  • Economic disparity leads to **exploitation of labor**, child labor, and denial of dignity.

**Example:** Slum dwellers often live without clean water or sanitation, violating their right to health and dignity.

Illiteracy & Lack of Awareness

  • Many people are **unaware of their rights** due to lack of education.
  • Illiterate citizens are often unable to defend themselves or seek legal help.

**Example:** A woman unaware of her right to free maternal healthcare may not receive timely medical assistance.

Gender Discrimination

  • Women and girls face widespread **discrimination**, **domestic violence**, **dowry deaths**, and **honor killings**.
  • Gender-based violations deny them equality and dignity.

**Example:** Denial of education to girls is a violation of their right to education.

Casteism & Social Discrimination

  • In countries like India, **caste-based discrimination** still exists, especially against Dalits and tribal groups.
  • They face social exclusion, untouchability, and are denied access to basic services.

**Example:** Denial of entry into temples or public wells to certain castes violates their right to equality.

Political Oppression & Corruption

  • Authoritarian governments often violate human rights to suppress **freedom of speech**, **press**, and **assembly**.
  • Corrupt systems lead to abuse of power, custodial torture, and fake encounters.

**Example:** Journalists or activists jailed for criticizing the government is a violation of freedom of expression.

Armed Conflicts & Terrorism

  • Wars and internal conflicts result in **mass killings**, **displacement**, and **rape**.
  • Civilians lose their right to life, liberty, and security.

**Example:** Victims of communal riots or terrorist attacks often face displacement and trauma.

Religious & Ethnic Intolerance

  • Minority communities often face **discrimination**, **violence**, or **exclusion** from public services.
  • Hate crimes and mob lynching are examples of violations based on religious identity.

**Example:** Attacks on places of worship violate the right to freedom of religion.

Weak Law Enforcement & Judicial Delay

  • Delayed justice and weak implementation of laws lead to **denial of legal protection**.
  • Victims often do not receive timely or fair trials.

**Example:** Survivors of rape or domestic violence waiting for years in court face a denial of justice.

Environmental Destruction & Projects

  • Large development projects often displace tribal and rural populations without proper compensation.
  • Industrial pollution affects the right to a healthy environment.

**Example:** Deforestation for industrial purposes without rehabilitating tribal communities is a violation.

Inadequate Human Rights Education

  • Lack of awareness among the public, police, and officials about human rights leads to violations during arrests, detentions, or protests.


Commissions & Education for Human Rights

Human Rights Protection Commissions

Introduction

In India, various **constitutional and statutory commissions** are established to safeguard the rights and dignity of individuals and marginalized communities. These commissions investigate violations, recommend reforms, and promote awareness of human rights.

National Human Rights Commission (NHRC)

  • Established in **1993** under the **Protection of Human Rights Act**.
  • Investigates cases of human rights violations, custodial deaths, police brutality, and discrimination.
  • Can recommend relief and policy reforms.

State Human Rights Commissions (SHRCs)

  • Established in individual states.
  • Deal with violations occurring at the state level.
  • Work in coordination with NHRC to promote and protect human rights.

National Commission for Women (NCW)

  • Set up in **1992** to protect women’s rights.
  • Deals with cases like dowry harassment, domestic violence, sexual harassment, etc.
  • Recommends legal reforms for gender equality.

National Commission for Scheduled Castes (NCSC)

  • Works for the protection of **Dalits** (Scheduled Castes).
  • Addresses caste-based discrimination and atrocities.

National Commission for Scheduled Tribes (NCST)

  • Safeguards the rights of tribal communities.
  • Deals with land rights, forest rights, and socio-economic development.

National Commission for Minorities (NCM)

  • Ensures protection of the rights of **religious minorities** such as Muslims, Christians, Sikhs, etc.
  • Promotes communal harmony and equality.

National Commission for Child Rights (NCPCR)

  • Focuses on child-related issues like child labor, trafficking, abuse, and the right to education.

Conclusion on Commissions

These commissions play a **vital role** in monitoring, investigating, and addressing human rights violations. They also act as **watchdogs**, ensuring that the government and society uphold the dignity, freedom, and equality of every citizen.

Role of Education in Human Rights Awareness

Introduction

Education stands as a powerful tool for fostering **human rights awareness**. An educated society is more capable of understanding, claiming, and protecting rights, and of respecting the rights of others.

Spreading Awareness of Rights & Duties

  • Educated individuals are more likely to understand their **constitutional rights** and **legal remedies**.
  • It reduces exploitation due to ignorance.

Encouraging Democratic Participation

  • People who are aware of their rights are more likely to participate in **voting**, **public debates**, and **protests** against injustice.

Promoting Tolerance & Equality

  • Human rights education fosters **respect for diversity**, **tolerance**, and **equality** regardless of caste, religion, or gender.

Empowering Marginalized Groups

  • It helps **women**, **tribals**, **Dalits**, and **disabled persons** recognize and demand their rights.

Preventing Human Rights Violations

  • Educated people are less likely to **violate others’ rights** and more likely to report violations.
  • It builds a culture of peace and non-violence.

Strengthening the Rule of Law

  • Informed citizens support justice systems and respect the **laws of the land**.
  • They seek **legal remedies** instead of taking the law into their own hands.

Developing a Responsible Society

  • It encourages active citizenship and **moral responsibility** to stand up against injustice and corruption.


Human Rights Violation Redressal Mechanisms

Introduction

A **redressal mechanism** refers to the legal, institutional, and administrative systems enabling victims of **human rights violations** to seek justice, compensation, or corrective action. In India, a variety of bodies at the national and state level help ensure that when rights are violated, citizens have a platform to **lodge complaints**, **get investigations**, and **receive appropriate remedies**.

National Human Rights Commission (NHRC)

  • The **NHRC** is the most prominent statutory body for handling human rights complaints.
  • It can **investigate complaints**, **summon witnesses**, **recommend compensation**, and **suggest reforms**.
  • Individuals can send written complaints or register online.

**Example:** NHRC has acted in cases of **custodial deaths**, **fake encounters**, and **police brutality**.

State Human Rights Commissions (SHRCs)

  • Each state may have its own SHRC to handle **regional complaints** of rights violations.
  • They function similarly to NHRC and focus on issues within the state’s jurisdiction.

Judiciary & Courts of Law

  • Victims can approach **High Courts** or the **Supreme Court** under:
    • **Article 226** of the Constitution – to approach High Court for enforcement of rights.
    • **Article 32** – to directly approach the Supreme Court for protection of **Fundamental Rights**.
  • Courts can issue **writs** like *habeas corpus*, *mandamus*, *prohibition*, etc.

**Example:** In cases like **Maneka Gandhi v. Union of India**, the Supreme Court expanded the meaning of the right to life and personal liberty.

National Commissions for Specific Groups

These statutory commissions protect the rights of **vulnerable groups** and act as grievance redressal platforms:

  • **National Commission for Women (NCW)**
  • **National Commission for Scheduled Castes (NCSC)**
  • **National Commission for Scheduled Tribes (NCST)**
  • **National Commission for Minorities (NCM)**
  • **National Commission for Protection of Child Rights (NCPCR)**

**Example:** NCW has taken suo motu action in cases of domestic violence and dowry deaths.

Police & Law Enforcement Agencies

  • Victims can file an **FIR (First Information Report)** in cases like assault, harassment, or custodial abuse.
  • **Human Rights Cells** exist in many state police departments to monitor such violations.

Legal Services Authorities

  • Under the **Legal Services Authorities Act, 1987**, free legal aid is provided to the poor and marginalized.
  • **National Legal Services Authority (NALSA)** and **State Legal Services Authorities (SLSAs)** help victims access justice.

Public Interest Litigation (PIL)

  • Citizens and NGOs can file **PILs** in court for the protection of collective human rights.
  • Courts take **suo motu cognizance** of issues raised in the media or by activists.

**Example:** A PIL led to the Supreme Court banning **manual scavenging**, a violation of human dignity.

NGOs & Civil Society

  • Organizations like **PUCL (People’s Union for Civil Liberties)** and **Amnesty International India** support victims, document cases, and raise awareness.
  • NGOs help victims file complaints and receive counseling and rehabilitation.

Media & Public Opinion

  • Media plays an important role in **highlighting violations**, putting pressure on authorities to take action.
  • Investigative journalism can bring hidden abuses into public focus.


Diverse Human Rights Redressal Pathways

Introduction

Human rights form the bedrock of dignity, freedom, and equality. When these rights are violated—through abuse, discrimination, or injustice—effective and accessible **redressal mechanisms** are essential to restore justice. These mechanisms involve a combination of **statutory bodies**, **constitutional safeguards**, **legal processes**, and **community-level initiatives**.

Constitutional Remedies & Fundamental Rights

  • The **Indian Constitution**, especially **Part III**, guarantees several **fundamental rights**.
  • Citizens can approach the **High Court** under Article **226** or the **Supreme Court** under Article **32** for redressal.
  • **Writs** like *habeas corpus*, *mandamus*, *certiorari*, *prohibition*, and *quo warranto* are legal tools to protect rights.

**Example:** A person detained without trial can file a writ of *habeas corpus*.

District-Level Human Rights Courts

  • As per **Section 30** of the **Protection of Human Rights Act, 1993**, **Human Rights Courts** can be set up in every district.
  • These courts are meant to provide **speedy trials** for offenses related to human rights violations.
  • They are presided over by a Sessions Judge designated by the state government.

Human Rights Commissions (NHRC & SHRCs)

  • The **National Human Rights Commission (NHRC)** and **State Human Rights Commissions (SHRCs)** deal with public complaints related to:
    • Police excesses
    • Custodial deaths
    • Discrimination
    • Denial of rights
  • These commissions can **investigate**, **call witnesses**, and **recommend action** or **compensation**.

Ombudsman & Lokayukta Institutions

  • These bodies are **anti-corruption watchdogs** that also address administrative abuse that leads to human rights violations.
  • **Lokpal** at the central level and **Lokayuktas** in states handle complaints against public officials.

**Example:** A complaint against a corrupt welfare officer denying pensions can be taken up by the Lokayukta.

Police Complaints Authorities

  • Based on the **Supreme Court directives in Prakash Singh Case (2006)**, many states have established **Police Complaints Authorities** at the district and state levels.
  • These are independent bodies to address:
    • Police misconduct
    • Unlawful detention
    • Use of third-degree methods
  • They can recommend departmental or criminal action.

Legal Aid & Lok Adalats

  • **Legal Services Authorities** at the national, state, and district levels (e.g., NALSA) provide **free legal aid** to the poor and marginalized.
  • **Lok Adalats (People’s Courts)** offer informal and speedy dispute resolution, especially in civil, labor, and matrimonial issues—thus indirectly protecting human rights.

Women & Child Protection Commissions

  • Specialized bodies like the **National Commission for Women (NCW)** and **National Commission for Protection of Child Rights (NCPCR)** focus on:
    • Gender-based violence
    • Child abuse
    • Sexual harassment
    • Trafficking
  • They offer counseling, take complaints, and push for policy changes.

Online Grievance Portals & Helplines

  • Citizens can use platforms like:
    • **NHRC Online Complaint System**
    • **CPGRAMS (Centralized Public Grievance Redress and Monitoring System)**
    • **Childline (1098)** and **Women’s Helpline (181)**
  • These make redressal mechanisms **accessible**, especially for rural and marginalized communities.

Human Rights Defenders & Civil Society

  • NGOs and activists play a vital role in **documentation**, **advocacy**, and **legal support** for victims.
  • They help bridge the gap between victims and formal legal mechanisms.

**Example:** Organizations like **PUCL** and **HRLN** assist in filing PILs or representing vulnerable groups.


Individual & Group Violations of Human Rights

Introduction

**Human rights** are universal entitlements inherent to every individual by virtue of being human. However, in many societies, these rights are not only violated by the **state or institutions**, but also by **other individuals** or **organized groups**. These violations may stem from prejudice, social practices, or power imbalances, leading to **discrimination**, **violence**, and **denial of dignity and equality**.

Group-Based Violence & Discrimination

Certain groups—such as **caste groups**, **religious sects**, or **patriarchal communities**—may systematically deny or suppress the rights of other individuals.

  • **Example:** In India, **Dalits** have often faced violence and exclusion from upper caste communities, including restrictions on entering temples, accessing wells, or walking in upper-caste areas.
  • This is a violation of their **right to equality**, **freedom of movement**, and **dignity**.

Domestic Violence & Family Abuse

Violations within families are one of the most under-reported forms of human rights abuse, often committed by individuals against their own relatives.

  • **Example:** A husband assaulting his wife or denying her access to money or mobility is a direct violation of her **right to safety**, **freedom**, and **equality**.
  • Children subjected to physical punishment or emotional neglect also face violations of their rights to **care**, **education**, and **protection**.

Hate Speech & Social Media Abuse

In the digital age, individuals or online groups may engage in **cyberbullying**, **hate speech**, or **doxxing** (revealing private info), targeting individuals based on religion, gender, or opinion.

  • **Example:** Women activists often face **trolling**, **threats of violence**, and **character assassination** on social platforms.
  • This violates their **freedom of expression**, **privacy**, and **right to live without fear**.

Worker Exploitation by Private Employers

Employers can violate the human rights of employees by denying them basic entitlements like fair wages, safe working conditions, or weekly rest.

  • **Example:** In many unregulated sectors like construction or domestic work, laborers are underpaid and made to work in **unsafe or inhumane conditions**.
  • This breaches their **right to livelihood**, **right to health**, and **right to rest**.

Child Marriage & Honor Killings

Certain traditions or beliefs within communities allow for acts that grossly violate individual rights.

  • **Example 1:** **Child marriage** deprives girls of education and health.
  • **Example 2:** In cases of **inter-caste marriage**, couples have been victims of **honor killings** by family or community members.

These violate the **right to life**, **freedom to marry**, and **personal liberty**.

Human Trafficking & Bonded Labor

Criminal networks or powerful individuals may engage in **trafficking**, **forced labor**, or **sexual exploitation** for profit or power.

  • **Example:** Girls trafficked for sex work are denied all human rights, including **freedom**, **security**, and **dignity**.
  • Bonded labor in agriculture or brick kilns is often imposed by landlords or moneylenders.

Religious & Cultural Intolerance

Individuals or groups may face violence or exclusion because of their faith, dress, or customs.

  • **Example:** Forcing someone to **convert religion** under pressure or attacking places of worship violates their **freedom of religion** and **cultural rights**.

Social Boycotts & Ostracism

When individuals challenge traditional norms or speak against injustice, they may be socially boycotted.

  • **Example:** Whistleblowers or inter-caste couples often face **community shaming**, **economic exclusion**, or **violence**.
  • This infringes on their **right to social participation**, **expression**, and **security**.