Human rights in India is an issue complicated by the country's large size, its tremendous diversity, its status as a developing country and a sovereign, secular, democratic republic. Clauses also provide for freedom of speech, as well as separation of executive and judiciary and freedom of movement within the country and abroad. In its report on human rights in India during 2013, released in 2014,
Human Rights Watch stated, "India took positive steps in strengthening laws protecting women and children, and, in several important cases, prosecuting state security forces for extrajudicial killings." The report also condemned the persistent impunity for abuse linked to insurgency in Maoist areas, Jammu and Kashmir, Manipur and Assam. The report also went on to state, "The fact that the government responded to public outrage confirms India’s claims of a vibrant civil society. An independent judiciary and free media also acted as checks on abusive practices. However, reluctance to hold public officials to account for abuses or dereliction of duty continued to foster a culture of corruption and impunity". On a global level, India opts for a policy of "non-interference in internal affairs of other countries". However India is engaged in promoting stability and human rights in Afghanistan, pledging nearly US$2 billion for the country’s rehabilitation and reconstruction efforts, supporting education of girls, providing some police training, and granting asylum to a number of activists fleeing Taliban threats
1829 The practice of sati was formally abolished by Governor General William Bentick after years of campaigning by Hindu reform movements such as the Brahmo Samaj of Ram Mohan Roy 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 independence from the British Raj.
1950 The Constitution of India establishes a sovereign democratic republic with universal adult franchise. Part 3 of the Constitution contains a Bill of Fundamental Rights 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1952 Criminal Tribes Acts repealed by government, former "criminal tribes" categorized as "denotified" and Habitual Offenders Act (1952) enacted.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, 1958[2]
1973 Supreme Court 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[3][4]
1984 Operation Blue Star and the subsequent 1984 Anti-Sikh riots
1984 2006 Extrajudicial disappearances in Punjab by the police
1985-86 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 Gandhi government enacted The Muslim Women (Protection of Rights on Divorce) Act 1986
1987 Hashimpura massacre during communal riots in Meerut.
1989 Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is passed.
1989–present Kashmiri insurgency sees ethnic cleansing 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 Commission is established under the Protection of Human Rights Act.
2001 Supreme Court passes extensive orders to implement the right to food.[5]
2002 2002 Gujarat riots which claimed several thousand lives of Indian Muslims.
2005 A powerful Right to Information Act is passed to give citizen's access to information held by public authorities.[6]
2005 National Rural Employment Guarantee Act (NREGA) guarantees universal right to employment.
2005 Disappearance of Jaswant Singh Khalra by the Punjab Police (Khalra brought to light the extrajudicial disappearances in Punjab)
2006 Supreme Court orders police reforms in response to the poor human rights record of Indian police.[7]
2009 Delhi High Court declares that Section 377 of the Indian Penal Code, which outlaws a range of unspecified "unnatural" s*x acts, is unconstitutional when applied to homos*xual acts between private consenting individuals, effectively decriminalising homos*xual relationships in India.[8] See also: Homos*xuality in India. Use of torture by police[edit]
The Asian Centre for Human Rights estimated that from 2002 to 2008, over four people per day died while in police custody, with "hundreds" of those deaths being due to police use of torture.[9] According to a report written by the Institute of Correctional Administration in Punjab, up to 50% of police officers in the country have used physical or mental abuse on prisoners.[10] Instances of torture, such as through a lack of sanitation, space, or water have been documented in West Bengal as well. [11]
Human right violations[edit]
Punjab[edit]
Main article: Human rights abuses in Punjab, India
From 1984 to 1994, the state of Punjab in northern India was engaged in a power struggle between the militant secessionist Khalistan movement and Indian security forces.[12] The Indian government responded to the escalating Punjab insurgency by launching Operation Blue Star in 1984, storming the Harmandir Sahib, or Golden Temple complex in Amritsar—the center of Sikh religious and spiritual life, where some militant groups had retreated. The Operation was controversial and resulted in death of hundreds of civilians, militants and soldiers. After Sikh bodyguards assassinated Prime Minister Indira Gandhi, further violence ensued.[13]
The aftermath of these events were felt for more than a decade.[14] According to a Human Rights Watch report, state security forces adopted “increasingly brutal methods to stem the insurgency, including arbitrary arrests, torture, prolonged detention without trial, disappearances and summary killings of civilians and suspected militants”.[12] Militant organizations responded with increased violence aimed at civilians, state security forces, and Sikh political leaders deemed to be negotiating with the government.[12]
Jammu and Kashmir[edit]
Main article: Human rights abuses in Jammu and Kashmir
A soldier guards the roadside checkpoint outside Srinagar International Airport in January 2009. Several international agencies and the UN have reported human rights violations in Indian-administered Kashmir. In a 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.".[15] 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."[16] One such alleged massacre occurred on 6 January 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."[17] In addition to this, there have been claims of disappearances by the police or the army in Kashmir by several human rights organisations.[18][19]
Many human rights organisations 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;[20] the "Armed Forces Special Powers Act", (AFSPA) which "provides impunity for human rights abuses and fuels cycles of violence. The 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. Human rights organisations have also asked Indian government to repeal[2] the Public Safety Act, since "a detainee may be held in administrative detention for a maximum of two years without a court order.".[21] One 2008 report determined that Indian Administered Kashmir, was 'partly Free',[22]
Freedom of expression[edit]
Main article: Freedom of expression in India
According to the estimates of Reporters Without Borders, 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).
