Human rights in India
Encyclopedia
The situation of human rights
in India
is a complex one, as a result of the country's large size and tremendous diversity, its status as a developing country
and a sovereign
, secular, democratic republic
, and its history as a former colonial territory. The Constitution of India
provides for Fundamental rights
, which include freedom of religion
. Clauses also provide for Freedom of Speech
, as well as separation of executive and judiciary and freedom of movement within the country and abroad.
According to the United States
Library of Congress
, although human rights problems do exist in India, the country is generally not regarded as a human rights concern, unlike other countries in South Asia
. Based on these considerations, the 2010 report of Freedom in the World by Freedom House
gave India a political rights rating of 2, and a civil liberties rating of 3, earning it the highest possible rating of free
In its report on human rights in India during 2010, Human Rights Watch
stated India had "significant human rights problems". They identified lack of accountability for security forces and impunity for abusive policing including "police brutality, extrajudicial killings, and torture" as major problems. An independent United Nations
expert in 2011 expressed concern that she found human rights workers and their families who "have been killed, tortured, ill-treated, disappeared, threatened, arbitrarily arrested and detained, falsely charged and under surveillance because of their legitimate work in upholding human rights and fundamental freedoms.
Several international agencies and the UN have reported human rights violations in Indian-administered Kashmir. In a recent press release the OHCHR spokesmen stated "The Office of the High Commissioner for Human Rights is concerned about the recent violent protests in Indian-administered Kashmir that have reportedly led to civilian casualties as well as restrictions to the right to freedom of assembly and expression.". A 1996 Human Rights Watch
report accuses the Indian military and Indian-government backed paramilitaries of "committ[ing] serious and widespread human rights violations in Kashmir."
One such alleged massacre occurred on January 6, 1993 in the town of Sopore. TIME Magazine described the incident as such: "In retaliation for the killing of one soldier, paramilitary forces rampaged through Sopore's market setting buildings ablaze and shooting bystanders. The Indian government pronounced the event 'unfortunate' and claimed that an ammunition dump had been hit by gunfire, setting off fires that killed most of the victims." In addition to this, there have been claims of disappearances by the police or the army in Kashmir by several human rights organizations.
Many human rights organizations such as Amnesty International
and the Human Rights Watch
(HRW) have condemned human rights abuses in Kashmir by Indians such as "extra-judicial executions", "disappearances", and torture; the "Armed Forces Special Powers Act", which "provides impunity for human rights abuses and fuels cycles of violence. The Armed Forces Special Powers Act (AFSPA) grants the military wide powers of arrest, the right to shoot to kill, and to occupy or destroy property in counterinsurgency operations. Indian officials claim that troops need such powers because the army is only deployed when national security is at serious risk from armed combatants. Such circumstances, they say, call for extraordinary measures." Human rights organizations have also asked Indian government to repeal the Public Safety Act, since "a detainee may be held in administrative detention for a maximum of two years without a court order.". One 2008 report determined that Indian Administered Kashmir, was 'partly Free', (where as Pakistan administered Kashmir
was determined 'Not Free').
, India ranks 122nd worldwide in 2010 on the press freedom index (down from 105th in 2009). The press freedom index for India is 38.75 in 2010 (29.33 for 2009) on a scale that runs from 0 (most free) to 105 (least free).
The Indian Constitution, while not mentioning the word "press", provides for "the right to freedom of speech and expression" (Article 19(1) a). However this right is subject to restrictions under subclause (2), whereby this freedom can be restricted for reasons of "sovereignty
and integrity of India, the security of the State, friendly relations with foreign States, public order, preserving decency, preserving morality, in relation to contempt of court, defamation, or incitement to an offence". Laws such as the Official Secrets Act and Prevention of Terrorism Act
(POTA) have been used to limit press freedom. Under POTA, person could be detained for up to six months before the police were required to bring charges on allegations for terrorism-related offenses. POTA was repealed in 2004, but was replaced by amendments to UAPA. The Official Secrets Act 1923 is abolished after right to information act 2005
For the first half-century of independence, media control by the state was the major constraint on press freedom.
Indira Gandhi
famously stated in 1975 that All India Radio
is "a Government organ, it is going to remain a Government organ..."
With the liberalization starting in the 1990s, private control of media has burgeoned, leading to increasing independence and greater scrutiny of government.
Organizations like Tehelka
and NDTV
have been particularly influential, e.g. in bringing about the resignation of powerful Haryana
minister Venod Sharma
. In addition, laws like Prasar Bharati
act passed in recent years contribute significantly to reducing the control of the press by the government.
decriminalised consensual private sexual acts between consenting adults on July 2, 2009, homosexuality
was considered criminal as per interpretations of the ambiguous Section 377 of the 150 year old Indian Penal Code (IPC), a law passed by the colonial British authorities. However, this law was very rarely enforced. In its ruling decriminalising homosexuality, the Delhi High Court
noted that existed law conflicted with the fundamental rights guaranteed by the Constitution of India
, and such criminalising is violative of Articles 21, 14 and 15 of the Constitution.
i women are brought to India annually for commercial sexual exploitation. Each year 20,000–25,000 women and children are trafficked from Bangladesh.
Babubhai Khimabhai Katara
was a Member of Parliament when arrested for smuggling a child to Canada.
between Hindus/Sikhs and Muslims where large numbers of people were killed in large-scale violence.
The 1984 Anti-Sikh Riots
was a four-day period during which Sikhs were massacred by members of the secular-centrist Congress Party of India
; some estimates state that more than 2,000 were killed. Other incidents include the 198, Hashimpura massacre
during communal riots in Meerut, 1992 Bombay Riots
and the 2002 Gujarat violence
—in the latter, more than 1,000 Muslims (no citation) were killed following a militant Islamist attack on a train full of Hindu pilgrims in the Godhra Train Burning
, where 58 Hindus were killed.
Lesser incidents plague many towns and villages; representative was the killing of five people in Mau
, Uttar Pradesh
during Hindu-Muslim rioting, which was triggered by the proposed celebration of a Hindu festival. Other such communal incidents include the 2002 Marad massacre, which was carried out by the militant Islamist group National Development Front, as well as communal riots in Tamil Nadu
executed by the Islamist Tamil Nadu Muslim Munnetra Kazagham
against Hindus.The Graham Staines and his children murder case and the various istances of killing and torture of minority christians along with burning of christian churches in Orissa and in other RSS stronghold states in India only multiply the cases of religious violence in India.
, "Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities."
Amnesty International
says "it is the responsibility of the Indian government to fully enact and apply its legal provisions against discrimination on the basis of caste and descent.
Denotified tribes of India
, along with many nomadic tribes
collectively 60 million in population, continue to face social stigma and economic hardships, despite the fact Criminal Tribes Act
1871, was repealed by the government in 1952 and replaced by Habitual Offenders Act (HOA) (1952), as effectively it only created a new list out of the old list of so-called "criminal tribes. These tribes even today face the consequences of the 'Prevention of Anti-Social Activity Act' (PASA), which only adds to their everyday struggle for existence as most of them live below poverty line
. National Human Rights Commission and UN’s anti-discrimination body Committee on the Elimination of Racial Discrimination (CERD) have asked the government to repeal this law as well, as these former "criminalized" tribes continue to suffer oppression and social ostracization at large and many have been denied SC, ST or OBC status, denying them access to reservations
which would elevated their economic and social status.
have sometimes escalated to violence.
Invasive methods like 'narcoanalysis' (controlled anesthesia) is now commonly permitted by Indian courts for crime investigation. Even though according to Indian constitution "nobody may be made a witness against himself", courts have recently proclaimed that even a permission from court is not necessary for conducting this practice. Narcoanalysis is now widely used to replace/circumvent
the lack of skill and infrastructure for conducting scientific methods of crime investigation. Narcoanalysis is also alleged as against medical ethics.
It has been found that more than half of the prisoners of the country are detained without adequate evidence. Unlike in other democratic countries, the investigation in India generally commence with the arrest of the accused. As the judicial system is understaffed and sluggish, it is not uncommon to find innocent civilians languishing in jail for many years. For instance, the Bombay high court in September 2009 asked the Maharashtra government to pay Rs 1 lakh as compensation to a 40-year-old man who languished in prison for over 10 years for a crime he didn’t commit.
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
in India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
is a complex one, as a result of the country's large size and tremendous diversity, its status as a developing country
Developing country
A developing country, also known as a less-developed country, is a nation with a low level of material well-being. Since no single definition of the term developing country is recognized internationally, the levels of development may vary widely within so-called developing countries...
and a sovereign
Sovereign
A sovereign is the supreme lawmaking authority within its jurisdiction.Sovereign may also refer to:*Monarch, the sovereign of a monarchy*Sovereign Bank, banking institution in the United States*Sovereign...
, secular, democratic republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
, and its history as a former colonial territory. The Constitution of India
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
provides for Fundamental rights
Fundamental Rights in India
'Part III - Fundamental Rights' is a charter of rights contained in the Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India...
, which include freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
. Clauses also provide for Freedom of Speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, as well as separation of executive and judiciary and freedom of movement within the country and abroad.
According to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Library of Congress
Library of Congress
The Library of Congress is the research library of the United States Congress, de facto national library of the United States, and the oldest federal cultural institution in the United States. Located in three buildings in Washington, D.C., it is the largest library in the world by shelf space and...
, although human rights problems do exist in India, the country is generally not regarded as a human rights concern, unlike other countries in South Asia
South Asia
South Asia, also known as Southern Asia, is the southern region of the Asian continent, which comprises the sub-Himalayan countries and, for some authorities , also includes the adjoining countries to the west and the east...
. Based on these considerations, the 2010 report of Freedom in the World by Freedom House
Freedom House
Freedom House is an international non-governmental organization based in Washington, D.C. that conducts research and advocacy on democracy, political freedom and human rights...
gave India a political rights rating of 2, and a civil liberties rating of 3, earning it the highest possible rating of free
In its report on human rights in India during 2010, Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
stated India had "significant human rights problems". They identified lack of accountability for security forces and impunity for abusive policing including "police brutality, extrajudicial killings, and torture" as major problems. An independent United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
expert in 2011 expressed concern that she found human rights workers and their families who "have been killed, tortured, ill-treated, disappeared, threatened, arbitrarily arrested and detained, falsely charged and under surveillance because of their legitimate work in upholding human rights and fundamental freedoms.
Chronology of events regarding human rights in India
- 1829 – The practice of satiSati (practice)For other uses, see Sati .Satī was a religious funeral practice among some Indian communities in which a recently widowed woman either voluntarily or by use of force and coercion would have immolated herself on her husband’s funeral pyre...
was formally abolished by Governor General William Bentick after years of campaigning by Hindu reform movementsHindu reform movementsSeveral contemporary groups, collectively termed Hindu reform movements, strive to introduce regeneration and reform to Hinduism. Although these movements are very individual in their exact philosophies they generally stress the spiritual, secular and logical and scientific aspects of the Vedic...
such as the Brahmo SamajBrahmo SamajBrahmo Samaj is the societal component of the Brahmo religion which is mainly practiced today as the Adi Dharm after its eclipse in Bengal consequent to the exit of the Tattwabodini Sabha from its ranks in 1859. It was one of the most influential religious movements responsible for the making of...
of Ram Mohan RoyRam Mohan RoyRaja Ram Mohan Roy was an Indian religious, social, and educational reformer who challenged traditional Hindu culture and indicated the lines of progress for Indian society under British rule. He is sometimes called the father of modern India...
against this orthodox Hindu funeral custom of self-immolation of widows after the death of their husbands. - 1929 – Child Marriage Restraint Act, prohibiting marriage of minors under 14 years of age is passed.
- 1947 – India achieves political independenceIndian independence movementThe term Indian independence movement encompasses a wide area of political organisations, philosophies, and movements which had the common aim of ending first British East India Company rule, and then British imperial authority, in parts of South Asia...
from the British RajBritish RajBritish Raj was the British rule in the Indian subcontinent between 1858 and 1947; The term can also refer to the period of dominion...
. - 1950 – The Constitution of IndiaConstitution of IndiaThe Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
establishes a sovereign democratic republicRepublicA republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
with universal adult franchise. Part 3 of the Constitution contains a Bill of Fundamental RightsFundamental Rights in India'Part III - Fundamental Rights' is a charter of rights contained in the Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India...
enforceable by the Supreme Court and the High Courts. It also provides for reservations for previously disadvantaged sections in education, employment and political representation. - 1952 – Criminal Tribes ActCriminal Tribes ActThe term Criminal Tribes Act applies to various successive pieces of legislation enforced in India during British rule; the first enacted in 1871 as applied mostly in North India The Act was extended to Bengal Presidency and other areas in 1876, and finally with the Criminal Tribes Act 1911, it...
s repealed by government, former "criminal tribes" categorized as "denotifiedDenotified tribes of IndiaDenotified tribes , also known as vimukta jati, are the tribes that were originally listed under the Criminal Tribes Act of 1871 , as Criminal Tribes and "addicted to the systematic commission of non-bailable offences." Once a tribe became "notified" as criminal, all its members were required to...
" and Habitual Offenders Act (1952) enacted. - 1955 – Reform of family law concerning Hindus gives more rights to Hindu women.
- 1958 -Armed Forces (Special Powers) Act, 1958Armed Forces (Special Powers) Act, 1958The Armed Forces Act , was passed on September 11, 1958, by the Parliament of India. It conferred special powers upon armed forces in what the act calls "disturbed areas" in the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura...
-
- 1973 – Supreme Court of IndiaSupreme Court of IndiaThe Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
rules in Kesavananda Bharati case that the basic structure of the Constitution (including many fundamental rights) is unalterable by a constitutional amendment. - 1975–77 – State of Emergency in India – extensive rights violations take place.
- 1978 – SC rules in Menaka Gandhi v. Union of India that the right to life under Article 21 of the Constitution cannot be suspended even in an emergency.
- 1978-Jammu and Kashmir Public Safety Act, 1978
- 1984 – Operation Blue StarOperation Blue StarOperation Blue Star ) 3– 6 June 1984 was an Indian military operation, ordered by Indira Gandhi, then Prime Minister of India, to remove Sikh separatists from the Golden Temple in Amritsar...
and the subsequent 1984 Anti-Sikh riots1984 anti-Sikh riotsThe 1984 Anti-Sikh pogroms / riots or the 1984 Sikh Massacre was a sikh genocide there was four days of violence in northern India, particularly Delhi, during which armed mobs killed Sikhs, looted and set fire to Sikh homes, businesses and schools, and attacked gurdwaras, in response to the... - 1985-6 – The Shah Bano case, where the Supreme Court recognised the Muslim woman's right to maintenance upon divorce, sparks protests from Muslim clergy. To nullify the decision of the Supreme Court, the Rajiv GandhiRajiv GandhiRajiv Ratna Gandhi was the sixth Prime Minister of India . He took office after his mother's assassination on 31 October 1984; he himself was assassinated on 21 May 1991. He became the youngest Prime Minister of India when he took office at the age of 40.Rajiv Gandhi was the elder son of Indira...
government enacted The Muslim Women (Protection of Rights on Divorce) Act 1986The Muslim Women (Protection of Rights on Divorce) Act 1986The Muslim Women Act was a landmark legislation passed by the parliament of India in 1986 to protect the rights of Muslim women who have been divorced by, or have obtained divorce from, their husbands and to provide for matters connected therewith or incidental thereto... - 1987 - Hashimpura massacreHashimpura massacreHashimpura massacre took place on May 22, 1987, during the Hindu-Muslim riots in Meerut city in Uttar Pradesh state, India, when 19 personnel of the Provincial Armed Constabulary allegedly rounded up 42 Muslim youth from the Hashimpura mohalla of the city, took them in truck to the outskirts,...
during communal riots in Meerut. - 1989 – Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989The Scheduled Castes and Tribes Act, 1989 was enacted by the Parliament of India, in order to prevent atrocities against Scheduled castes and scheduled tribes...
is passed. - 1989–present – Kashmiri insurgency sees ethnic cleansingEthnic cleansingEthnic cleansing is a purposeful policy designed by one ethnic or religious group to remove by violent and terror-inspiring means the civilian population of another ethnic orreligious group from certain geographic areas....
of Kashmiri Pandits, desecrating Hindu temples, killing of Hindus and Sikhs, and abductions of foreign tourists and government functionaries. - 1992 – A constitutional amendment establishes Local Self-Government (Panchayati Raj) as a third tier of governance at the village level, with one-third of the seats reserved for women. Reservations were provided for scheduled castes and tribes as well.
- 1992 – Babri Masjid demolished by Hindu mobs, resulting in riots across the country.
- 1993 – National Human Rights CommissionNational Human Rights Commission of IndiaThe National Human Rights Commission of India is an autonomous statutory body established on 12 October 1993, under the provisions of The Protection of Human Rights Act, 1993 .-Functions:...
is established under the Protection of Human Rights Act. - 2001 – Supreme Court passes extensive orders to implement the right to food.
- 2002 – Violence in Gujarat, chiefly targeting its Muslim minority, claims many lives.
- 2005 – A powerful Right to Information ActRight to Information ActThe Right to Information Act 2005 is an Act of the Parliament of India "to provide for setting out the practical regime of right to information for citizens." The Act applies to all States and Union Territories of India except the State of Jammu and Kashmir. Jammu and Kashmir has its own act...
is passed to give citizen's access to information held by public authorities. - 2005 – National Rural Employment Guarantee Act (NREGA)National Rural Employment Guarantee Act (NREGA)The Mahatma Gandhi National Rural Employment Guarantee Act is an Indian job guarantee scheme, enacted by legislation on August 25, 2005...
guarantees universal right to employment. - 2006 – Supreme Court orders police reforms in response to the poor human rights record of Indian police.
- 2009 – Delhi High CourtDelhi High CourtThe High Court of Delhi was established on 31 October 1966. The High Court of Delhi was established with four judges. They were Chief Justice K. S. Hegde, Justice I. D. Dua, Justice H. R. Khanna and Justice S. K. Kapur.-History:...
delcares that Section 377 of the Indian Penal CodeSection 377 of the Indian Penal CodeChapter XVI, Section 377 of the Indian Penal Code is a piece of legislation in India introduced during British rule of India that criminalises sexual activity "against the order of nature." The section was read down to decriminalise same-sex behaviour among consenting adults in a historic...
, which outlaws a range of unspecified "unnatural" sex acts, is unconstitutional when applied to homosexual acts between private consenting individuals, effectively decriminalising homosexual relationships in India. See also: Homosexuality in IndiaHomosexuality in IndiaHomosexuality is generally considered a taboo subject by both Indian civil society and the government. Public discussion of homosexuality in India has been inhibited by the fact that sexuality in any form is rarely discussed openly. In recent years, however, attitudes towards homosexuality have...
Use of torture by police
The Asian Centre for Human Rights estimated that between 2002 and 2008, over four people per day died while in police custody, with "hundreds" of those deaths being due to police use of torture. According to a report written by the Institute of Correctional Administration in Punjab, up to 50% of police officers in the state have used physical or mental abuse on prisoners. Instances of torture, such as through a lack of sanitation, space, or water have been documented in West Bengal as well.Indian administered Kashmir
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
report accuses the Indian military and Indian-government backed paramilitaries of "committ[ing] serious and widespread human rights violations in Kashmir."
One such alleged massacre occurred on January 6, 1993 in the town of Sopore. TIME Magazine described the incident as such: "In retaliation for the killing of one soldier, paramilitary forces rampaged through Sopore's market setting buildings ablaze and shooting bystanders. The Indian government pronounced the event 'unfortunate' and claimed that an ammunition dump had been hit by gunfire, setting off fires that killed most of the victims." In addition to this, there have been claims of disappearances by the police or the army in Kashmir by several human rights organizations.
Many human rights organizations such as Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
and the Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
(HRW) have condemned human rights abuses in Kashmir by Indians such as "extra-judicial executions", "disappearances", and torture; the "Armed Forces Special Powers Act", which "provides impunity for human rights abuses and fuels cycles of violence. The Armed Forces Special Powers Act (AFSPA) grants the military wide powers of arrest, the right to shoot to kill, and to occupy or destroy property in counterinsurgency operations. Indian officials claim that troops need such powers because the army is only deployed when national security is at serious risk from armed combatants. Such circumstances, they say, call for extraordinary measures." Human rights organizations have also asked Indian government to repeal the Public Safety Act, since "a detainee may be held in administrative detention for a maximum of two years without a court order.". One 2008 report determined that Indian Administered Kashmir, was 'partly Free', (where as Pakistan administered Kashmir
Pakistan-administered Kashmir
Azad Kashmir borders the Pakistani provinces of Punjab and Khyber Pakhtunkhwa to the west, the Wakhan Corridor of Afghanistan to the north west, the Xinjiang Uyghur Autonomous Region of People's Republic of China to the north and the Indian-administered state of Jammu and Kashmir, to the east.A...
was determined 'Not Free').
Freedom of expression
According to the estimates of Reporters Without BordersReporters Without Borders
Reporters Without Borders is a France-based international non-governmental organization that advocates freedom of the press. It was founded in 1985, by Robert Ménard, Rony Brauman and the journalist Jean-Claude Guillebaud. Jean-François Julliard has served as Secretary General since 2008...
, India ranks 122nd worldwide in 2010 on the press freedom index (down from 105th in 2009). The press freedom index for India is 38.75 in 2010 (29.33 for 2009) on a scale that runs from 0 (most free) to 105 (least free).
The Indian Constitution, while not mentioning the word "press", provides for "the right to freedom of speech and expression" (Article 19(1) a). However this right is subject to restrictions under subclause (2), whereby this freedom can be restricted for reasons of "sovereignty
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
and integrity of India, the security of the State, friendly relations with foreign States, public order, preserving decency, preserving morality, in relation to contempt of court, defamation, or incitement to an offence". Laws such as the Official Secrets Act and Prevention of Terrorism Act
Prevention of Terrorism Act
Prevention of Terrorism Act could refer to four different sets of Acts of Parliament, in three different countries:* Prevention of Terrorism Acts, passed between 1974 and 1989 to deal with terrorism in Northern Ireland in the United Kingdom...
(POTA) have been used to limit press freedom. Under POTA, person could be detained for up to six months before the police were required to bring charges on allegations for terrorism-related offenses. POTA was repealed in 2004, but was replaced by amendments to UAPA. The Official Secrets Act 1923 is abolished after right to information act 2005
For the first half-century of independence, media control by the state was the major constraint on press freedom.
Indira Gandhi
Indira Gandhi
Indira Priyadarshini Gandhara was an Indian politician who served as the third Prime Minister of India for three consecutive terms and a fourth term . She was assassinated by Sikh extremists...
famously stated in 1975 that All India Radio
All India Radio
All India Radio , officially known since 1956 as Akashvani , is the radio broadcaster of India and a division of Prasar Bharati. Established in 1936, it is the sister service of Prasar Bharati's Doordarshan, the national television broadcaster. All India Radio is one of the largest radio networks...
is "a Government organ, it is going to remain a Government organ..."
With the liberalization starting in the 1990s, private control of media has burgeoned, leading to increasing independence and greater scrutiny of government.
Organizations like Tehelka
Tehelka
Tehelka is an Indian weekly political magazine under the editorship of Tarun Tejpal known for its undercover exposé style of journalism. Its cover price is Rs 20 per issue. The publication began in 2000 as a news website, Tehelka.com...
and NDTV
NDTV
NDTV is an Indian commercial broadcasting television network founded in 1988. It was founded by Prannoy Roy, an eminent journalist and current chairman and director of NDTV Group. NDTV currently has more than 1,000 employees producing news from over twenty locations in India...
have been particularly influential, e.g. in bringing about the resignation of powerful Haryana
Haryana
Haryana is a state in India. Historically, it has been a part of the Kuru region in North India. The name Haryana is found mentioned in the 12th century AD by the apabhramsha writer Vibudh Shridhar . It is bordered by Punjab and Himachal Pradesh to the north, and by Rajasthan to the west and south...
minister Venod Sharma
Venod Sharma
Venod Sharma was a leader of Indian National Congress party from Haryana. He was a Minister of State in the Ministry of Civil Supplies, Consumer Affairs and Public Distribution at in the Narasimha Rao cabinet ....
. In addition, laws like Prasar Bharati
Prasar Bharati
Prasar Bharati is India's largest public broadcaster. It is an autonomous body set up by an Act of Parliament and comprises Doordarshan television network and All India Radio which were earlier media units of the Ministry of Information and Broadcasting, Government of India.Prasar Bharati was...
act passed in recent years contribute significantly to reducing the control of the press by the government.
LGBT rights
Until the Delhi High CourtDelhi High Court
The High Court of Delhi was established on 31 October 1966. The High Court of Delhi was established with four judges. They were Chief Justice K. S. Hegde, Justice I. D. Dua, Justice H. R. Khanna and Justice S. K. Kapur.-History:...
decriminalised consensual private sexual acts between consenting adults on July 2, 2009, homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
was considered criminal as per interpretations of the ambiguous Section 377 of the 150 year old Indian Penal Code (IPC), a law passed by the colonial British authorities. However, this law was very rarely enforced. In its ruling decriminalising homosexuality, the Delhi High Court
Delhi High Court
The High Court of Delhi was established on 31 October 1966. The High Court of Delhi was established with four judges. They were Chief Justice K. S. Hegde, Justice I. D. Dua, Justice H. R. Khanna and Justice S. K. Kapur.-History:...
noted that existed law conflicted with the fundamental rights guaranteed by the Constitution of India
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
, and such criminalising is violative of Articles 21, 14 and 15 of the Constitution.
Human trafficking
Human trafficking is a $8 million illegal business in India. Around 10,000 NepalNepal
Nepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
i women are brought to India annually for commercial sexual exploitation. Each year 20,000–25,000 women and children are trafficked from Bangladesh.
Babubhai Khimabhai Katara
Babubhai Khimabhai Katara
Babubhai Khimabhai Katara is a member of the 14th Lok Sabha of India. He represents the reserved Dohad constituency of Gujarat and is a member of the Bharatiya Janata Party...
was a Member of Parliament when arrested for smuggling a child to Canada.
Religious violence
Communal conflicts between religious groups (mostly between Hindus and Muslims) have been prevalent in India since around the time of its independence from British Rule. Among the oldest incidences of communal violence in India was the Moplah rebellion, when Militant Islamists massacred Hindus in Kerala. Communal riots took place during the partition of IndiaPartition of India
The Partition of India was the partition of British India on the basis of religious demographics that led to the creation of the sovereign states of the Dominion of Pakistan and the Union of India on 14 and 15...
between Hindus/Sikhs and Muslims where large numbers of people were killed in large-scale violence.
The 1984 Anti-Sikh Riots
1984 anti-Sikh riots
The 1984 Anti-Sikh pogroms / riots or the 1984 Sikh Massacre was a sikh genocide there was four days of violence in northern India, particularly Delhi, during which armed mobs killed Sikhs, looted and set fire to Sikh homes, businesses and schools, and attacked gurdwaras, in response to the...
was a four-day period during which Sikhs were massacred by members of the secular-centrist Congress Party of India
Indian National Congress
The Indian National Congress is one of the two major political parties in India, the other being the Bharatiya Janata Party. It is the largest and one of the oldest democratic political parties in the world. The party's modern liberal platform is largely considered center-left in the Indian...
; some estimates state that more than 2,000 were killed. Other incidents include the 198, Hashimpura massacre
Hashimpura massacre
Hashimpura massacre took place on May 22, 1987, during the Hindu-Muslim riots in Meerut city in Uttar Pradesh state, India, when 19 personnel of the Provincial Armed Constabulary allegedly rounded up 42 Muslim youth from the Hashimpura mohalla of the city, took them in truck to the outskirts,...
during communal riots in Meerut, 1992 Bombay Riots
Bombay Riots
The Bombay Riots usually refers to the riots in Mumbai, in December 1992 and January 1993, in which around 900 people died. An estimated 575 Muslims and 275 Hindus died, and 2,000 people were injured in the riots. . An investigative commission was formed under Justice B.N. Srikrishna, but the...
and the 2002 Gujarat violence
2002 Gujarat violence
The 2002 Gujarat violence describes the Godhra train burning and resulting communal riots between Hindus and Muslims. On 27 February 2002 at Godhra City in the state of Gujarat, the Sabarmati Express train was attacked by a large Muslim mob in a conspiracy. But some authentic sources deny the claim...
—in the latter, more than 1,000 Muslims (no citation) were killed following a militant Islamist attack on a train full of Hindu pilgrims in the Godhra Train Burning
Godhra Train Burning
The Godhra train burning was an incident in which a sleeper coach on a passenger train was set on fire in 2002 by Muslims in Godhra, Gujarat, India in a conspiracy...
, where 58 Hindus were killed.
Lesser incidents plague many towns and villages; representative was the killing of five people in Mau
Mau
Mau , formerly Mau Nath Bhanjan , nearly 90 km from Varanasi is the powerhouse of textile weavers in Eastern UP, India. It is a small industrial town on the banks of Ghaghra . The Tamasa river flows through the city...
, Uttar Pradesh
Uttar Pradesh
Uttar Pradesh abbreviation U.P. , is a state located in the northern part of India. With a population of over 200 million people, it is India's most populous state, as well as the world's most populous sub-national entity...
during Hindu-Muslim rioting, which was triggered by the proposed celebration of a Hindu festival. Other such communal incidents include the 2002 Marad massacre, which was carried out by the militant Islamist group National Development Front, as well as communal riots in Tamil Nadu
Tamil Nadu
Tamil Nadu is one of the 28 states of India. Its capital and largest city is Chennai. Tamil Nadu lies in the southernmost part of the Indian Peninsula and is bordered by the union territory of Pondicherry, and the states of Kerala, Karnataka, and Andhra Pradesh...
executed by the Islamist Tamil Nadu Muslim Munnetra Kazagham
Tamil Nadu Muslim Munnetra Kazagham
Tamil Nadu Muslim Munnetra Kazhagam is a Muslim non-governmental organization established in the state of Tamil Nadu in India in 1995...
against Hindus.The Graham Staines and his children murder case and the various istances of killing and torture of minority christians along with burning of christian churches in Orissa and in other RSS stronghold states in India only multiply the cases of religious violence in India.
Caste related issues
According to a report by Human Rights WatchHuman Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
, "Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities."
Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
says "it is the responsibility of the Indian government to fully enact and apply its legal provisions against discrimination on the basis of caste and descent.
Denotified tribes of India
Denotified tribes of India
Denotified tribes , also known as vimukta jati, are the tribes that were originally listed under the Criminal Tribes Act of 1871 , as Criminal Tribes and "addicted to the systematic commission of non-bailable offences." Once a tribe became "notified" as criminal, all its members were required to...
, along with many nomadic tribes
Nomadic tribes in India
The word Nomadic Tribes refers to the people who were forced to live a wandering life by the Indian Caste System. The Nomadic and Denotified Tribes consist of about 60 million in India, out of which about five million lives in Maharashtra...
collectively 60 million in population, continue to face social stigma and economic hardships, despite the fact Criminal Tribes Act
Criminal Tribes Act
The term Criminal Tribes Act applies to various successive pieces of legislation enforced in India during British rule; the first enacted in 1871 as applied mostly in North India The Act was extended to Bengal Presidency and other areas in 1876, and finally with the Criminal Tribes Act 1911, it...
1871, was repealed by the government in 1952 and replaced by Habitual Offenders Act (HOA) (1952), as effectively it only created a new list out of the old list of so-called "criminal tribes. These tribes even today face the consequences of the 'Prevention of Anti-Social Activity Act' (PASA), which only adds to their everyday struggle for existence as most of them live below poverty line
Below Poverty Line
Below Poverty Line is an economic benchmark and poverty threshold used by the government of India to indicate economic disadvantage and to identify individuals and households in need of government assistance and aid. It is determined using various parameters which vary from state to state and...
. National Human Rights Commission and UN’s anti-discrimination body Committee on the Elimination of Racial Discrimination (CERD) have asked the government to repeal this law as well, as these former "criminalized" tribes continue to suffer oppression and social ostracization at large and many have been denied SC, ST or OBC status, denying them access to reservations
Reservation in India
Reservation in India is a form of affirmative action designed to improve the well being of socially backward and underrepresented communities of citizens in India. There are laws in place, wherein a certain percentage of total available slots in Jobs and Education are set aside for people from...
which would elevated their economic and social status.
Other violence
Conflicts such as Anti-Bihari sentimentAnti-Bihari sentiment in India
Anti-Bihari sentiment : Bihari refers to the people of the Indian state of Bihar, which is a region in the north-eastern Gangetic plains . Bihar has had slower economic growth than the rest of India in the 1990s, and as a consequnce many Bihari's have migrated to other parts of India in search of...
have sometimes escalated to violence.
Invasive methods like 'narcoanalysis' (controlled anesthesia) is now commonly permitted by Indian courts for crime investigation. Even though according to Indian constitution "nobody may be made a witness against himself", courts have recently proclaimed that even a permission from court is not necessary for conducting this practice. Narcoanalysis is now widely used to replace/circumvent
the lack of skill and infrastructure for conducting scientific methods of crime investigation. Narcoanalysis is also alleged as against medical ethics.
It has been found that more than half of the prisoners of the country are detained without adequate evidence. Unlike in other democratic countries, the investigation in India generally commence with the arrest of the accused. As the judicial system is understaffed and sluggish, it is not uncommon to find innocent civilians languishing in jail for many years. For instance, the Bombay high court in September 2009 asked the Maharashtra government to pay Rs 1 lakh as compensation to a 40-year-old man who languished in prison for over 10 years for a crime he didn’t commit.
See also
- Socio-economic issues in IndiaSocio-economic issues in IndiaSince India's Independence in 1947, country has faced several social and economic issues.- Overpopulation :India suffers from the problem of overpopulation. The population of india is very high- 1.2 billion approx. Though India ranks second in population, it ranks 33 in terms of population density...
- Censorship in IndiaCensorship in IndiaCensorship in India mainly targets religious issues. The Constitution of India guarantees freedom of expression but places certain restrictions on content, with a view towards maintaining communal and religious harmony, given the history of communal tension in the nation.In 2011, the report Freedom...
- Internet censorship in IndiaInternet censorship in IndiaInternet censorship in India is selectively practiced by both federal and state governments. While there is no sustained government policy or strategy to block access to Internet content on a large scale, measures for removing content that is obscene or otherwise objectionable, or that endangers...
- Indian Emergency (1975 - 77)Indian Emergency (1975 - 77)The Indian Emergency of 25 June 1975 – 21 March 1977 was a 21-month period, when President Fakhruddin Ali Ahmed, upon advice by Prime Minister Indira Gandhi, declared a state of emergency under Article 352 of the Constitution of India, effectively bestowing on her the power to rule by decree,...
- Prevention of Terrorist Activities ActPrevention of Terrorist Activities ActThe Prevention of Terrorist Activities Act was an anti-terrorism legislation enacted by the Parliament of India in 2002. The act replaced the Prevention of Terrorism Ordinance of 2001 and the Terrorist and Disruptive Activities Act , and was supported by the governing National Democratic Alliance...
(POTA) - Corruption in IndiaCorruption in IndiaPolitical, bureaucratic, corporate and individual corruption in India are major concerns. A 2005 study conducted by Transparency International in India found that more than 55% of Indians had first-hand experience of paying bribes or influence peddling to get jobs done in public offices...
- Racism in IndiaRacism in IndiaIndia is a pluralistic, multilingual, and multiethnic society. India's culture is marked by a high degree of syncretism and cultural pluralism. It has managed to preserve established traditions while absorbing new customs, traditions, and ideas from invaders and spreading its cultural influence...
- Sexism in IndiaSexism in IndiaSexism in India refers to beliefs or attitudes in India that one gender or sex is inferior to, less competent, or less valuable than the other. Discrimination and violence against women is prevalent, and sexual harassment at the workplace and lack of education continue to be identified as major...
External links
- Human Rights in India
- Human Rights Protection Group (India)
- Freedom of Expression in India – IFEXInternational Freedom of Expression ExchangeThe International Freedom of Expression eXchange , founded in 1992, is a global network of around 90 non-governmental organisations that promotes and defends the right to freedom of expression....
- Domestic violence in India
- Human Rights Law in India
- Human rights situation in India including police abuse, torture and custodial deaths
- Indian Institute of Human Rights (India)