Human Rights protection framework in India

The values of human rights have been intrinsic to India's ancient civilizations, including the Indus Valley and Vedic periods. Indian scriptures like the Vedas, Upanishads, and Dharmashastras emphasize dignity, equality, and ethical conduct. The cultural ethos, encapsulated in the phrase ‘Sarve Bhavantu Sukhinah’ (let the entire world be happy), resonates with the Indian Constitution, which reflects values of empathy and compassion.

Dr. Hansa Mehta, India’s delegate to the United Nations Commission on Human Rights and a strong advocate for women’s rights, influenced the drafting of the Universal Declaration of Human Rights (UDHR) by advocating for gender-inclusive language in its Articles. Lakshmi Menon represented India in the UN General Assembly’s Third Committee in 1948 and insisted on explicit references to “the equal rights of men and women” and non-discrimination based on sex in the UDHR. Mahatma Gandhi’s life and philosophy significantly influenced the drafting of the Universal Declaration of Human Rights, expanding the concept of human rights from mere basic needs to encompass the dignity and sanctity of human life. Dr. B.R. Ambedkar was also a passionate advocate for human rights who played an important role in shaping the Constitution.

India’s human rights framework is deeply rooted in its cultural ethos, constitutional mandates, diverse legislation, institutional structures, and international obligations. The Constitution of India exemplifies its commitment to democratic values through the universal adult franchise, ensuring voting rights regardless of caste, gender, religion, or socio-economic background. Fundamental Rights and Directive Principles of State Policy enshrined in the Constitution form the cornerstone of human rights protections in the country. The judiciary plays a vital role in upholding these rights through landmark judgments and proactive interventions. Additionally, Public Interest Litigations (PILs) have emerged as a powerful tool to address pressing human rights challenges, including child labour, environmental degradation, access to healthcare, prisoners’ welfare, and migrant rights. The courts further safeguard individual freedoms by issuing writs that enforce constitutional protections and provide remedies against violations.

Various statutory and constitutional bodies, including the National Human Rights Commission (NHRC), National Commission for Women (NCW), National Commission for Protection of Child Rights (NCPCR), National Commission for Scheduled Castes (NCSC), National Commission for Scheduled Tribes (NCST), National Commission for Minorities (NCM), and National Commission for Backward Classes (NCBC), play an essential role in promoting and safeguarding human rights in India. State Human Rights Commissions (SHRCs) are established in twenty-six states to address human rights violations at the state level. They investigate complaints, conduct inquiries, and recommend actions to address human rights abuses within their jurisdiction. Together, these national and state institutions, along with the constitutional guarantees, form a comprehensive human rights framework in the country.