Situation of Human

Rights in India
UNIT 3
401 – Human Rights
 Content
• Introduction

• Situation of Women’s Human Rights in India

• Situation of Children’s Human Rights in India

• Situation of Minority Group’s Human Rights in India

• Situation of Indigenous People’s Human Rights in India

 Introduction
• Human rights in India is an issue complicated by the country's large size and population,
widespread poverty, lack of proper education, as well as its diverse culture, despite its status as
the world's largest sovereign, secular, democratic republic. 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. The country also has an independent judiciary as well as bodies to look into
issues of human rights.

• The 2016 report of Human Rights Watch accepts the above-mentioned facilities but goes to state
that India has "serious human rights concerns. Civil society groups face harassment and
government critics face intimidation and lawsuits. Free speech has come under attack both from
the state and by interest groups. Muslim and Christian minorities accuse authorities of not doing
enough to protect their rights. The government is yet to repeal laws that grant public officials and
security forces immunity from prosecution for abuses.“

• So many issues are there related to different groups in terms of violation of Human rights. Like
Women, Children, Minority groups, Indigenous People.
 Situation of Women's human rights
The constitution of India also guarantees the equality of rights of men and women.
However, in the sphere of women’s human rights in India, there exists a wide gulf
between theory and practice. Indian society is a male dominated society where men are
always considered to be superior.

The women in India very often have to face discrimination, injustice and dishonor.
Though women in India have been given more rights as compared to men, even then the
condition of women in India is miserable.

Very often it is said that women in India are enjoying the rights equal to that of men. But
in reality, the women in India have been the sufferers from past. Not only in earlier times
but even today women have to face discrimination, injustice and dishonor. The violations
of women human rights are evident in the past customary practices, which often proved
to be against the notion of gender equality.
Situation of Women's human rights (Contd..1)
Violation of Human Rights of Women in Past. The following crimes were done against the women
in the past times.
1. Devadasis- Devadasis was a religious practice in some parts of southern India, in which women
were married to a deity or temple. In the later period, the illegitimate sexual exploitation of the
devadasis became a norm in some part of the country.
2. Jauhar- Jauhar refers to practice of the voluntary immolation of all wives and daughters of
defeated warriors in order to avoid capture and consequent molestation by the enemy. The
wives of Rajput rulers, who were known to place a high premium on honour, followed this
practice.
3. Purdah- Purdah is a practice requiring women to cover their bodies so as to cover their skin
and conceal their form. It curtails their right to interact freely and it is a symbol of the
subordination of women.
4. Sati- Sati is an old custom in Indian society, in which widows were immolated alive on her
husband’s funeral pyre. Although the act was supposed to be voluntary on the widow’s part, it is
believed to have been sometimes forced on the widow.
Situation of Women's human rights (Contd..2)
1. Violation of Right to Equality :
Discrimination against the girl child starts from the mother’s womb. The child is exposed to
gender differences since birth and in recent times even before birth, in the form of sex –
determination tests leading to foeticide and female infanticide. The home, which is supposed to
be the most secured place, is where a woman is often exposed to violence. In India, men are
always assumed to be superior to women and are given more preference.

The World Human Rights Conference in Vienna first recognized gender – based violence as a
human rights violation in 1993. United Nations Declaration declared the same in 1993. The
recognition of women’s rights as human rights became international law when UN General
Assembly adopted the Convention on the Elimination of All forms of Discrimination Against
Women.
Situation of Women's human rights (Contd..3)
2. Violation of Right to Education :
Education is considered as a means of development of personality and awareness. Basic
education is crucial to alleviating poverty, reducing inequality and driving economic
growth. Education is one of the most important human rights but the position of women’s
education in India is not at all satisfactory. Young girls are denied even to have basic
education.
Despite the improvement in the literacy rate after independence, there continues to be
large gap between the literacy levels of men and women. Almost half the women
population is even unable to recognize language characters. At least 60 million girls lack
access to primary education in India and the gender gap in literacy persists. More than two
thirds of the world's 960 million illiterates are women.
The exclusivist state policy of control over curriculum choices, misappropriation of funds,
non - implementation of education incentives and ideologically driven reforms and
pedagogy are significant contributive factors. Due to large percentage of uneducated
women in India, they are not even aware of their basic human rights and can never fight
for them.
Situation of Women's human rights (Contd..4)
3. Violation of Political Right :
The political status of women in India is very unsatisfactory, particularly their representation in higher political
institutions, Parliament and provincial Legislation. India ranks 109 in the world classification of Women in
National Parliaments, with 11 per cent in the Lower House and 10.6 in the Upper House.
Thus it is clear that there is male domination in Indian politics and almost all the parties give very little support
to women in election despite their vocal support for 33% reservation of seats for women in Parliament and
Provincial Legislation. The Women’s reservation Bill that was drafted in 1996 and introduced in Parliament in
2010 is forgotten text.

4. Violation of Right to Property

The general law relating to the inheritance and succession can easily be referred to The Indian Succession Act,
1925. Under this Act every Indian is entitled to equal shares on inheriting the property on the death of a
person. The exceptions are Hindus, Sikhs, Jains, Buddhists and Muslims as they are governed under separate
laws of succession.
In most of the Indian families, women do not own property in their own names and do not get share of parental
property. The personal laws govern them. Due to weak enforcement of laws protecting them, women continue
to have little access to land and property. In fact, some of the laws discriminate against women, when it comes
to land and property rights. Though, women have been given rights to inheritance, but the sons had an
independent share in the ancestral property, while the daughter’s shares were based on the share received by
the father. Hence, father could anytime disinherit daughter by renouncing his share but the son will continue to
have a share in his own right. The married daughters facing harassment have no rights in ancestral home .
Situation of Women's human rights (Contd..5)
5. Violation of Right to equal opportunity for Employment and Right to get equal
wages for equal work
The employment of the women in agriculture, traditional industries and in sizeable
section of new industries is declining at a very fast rate. The reason is that the adoption
of new technological changes requires new skill, knowledge and training where women
in India, who constitute a large share of world, are illiterate lacks such skills and
knowledge. The studies have also showed that for the same task, women are paid less
than the males. Technological changes in agriculture and industry are throwing out
women from the production process.
The women workers are concentrated only for certain jobs, which require so – called
female skills. Thus, Indian labour market is adverse to women workers. It shows that,
the role of women in large-scale industries and technology-based businesses is very
limited. But even in the small- scale industries their participation is very low. Women
own only 10.11% of the micro and small enterprises today. Statistics show that the
women hold only 15% of the senior management posts. In agriculture where women
comprise of the majority of agricultural labourers, the average wage of women is 30 – 50
% less than that of men.
Situation of Women's human rights (Contd..6)
6. Violation of Right to Live with Dignity
Right to Life as under Article 21 of the Constitution includes Right to
live with dignity, which is equally available to women. Eve teasing is an
act of terror that violates a woman’s body, space and self – respect.
It is one of the many ways through which a woman is systematically
made to feel inferior, weak and afraid. Whether it is an obscene word
whispered into a woman’s ear; offensive remarks on her appearance;
any intrusive way of touching any part of women’s body; a gesture
which is perceived and intended to be vulgar: all these acts represent a
violation of woman’s person and her bodily integrity. Thus, eve teasing
denies a woman’s fundamental right to move freely and carry herself
with dignity, solely on the basis of her sex.
 Situation of Women's human rights (Contd..7)
7. Violation of Right to protection from society, state and family system

a) Child Marriage
Child marriage has been traditionally prevalent in India and continues to this date. UNICEF defines
child marriage as marriage before 18 years of age and considers this practise as a violation of human
rights. But a girl child in India is taken as a burden on the family. Sometimes the marriages are
settled even before the birth of the child. In southern parts of India, marriages between cousins are
common, as they believe that a girl is secured as she has been marries within the clan. Parents also
believe that it is easy for the child – bride to adapt to new environment as well as it is easy for others
to mould the child to suit their family environment. This shows that the reasons for child marriages
in India are so baseless.
Basically, this phenomenon of child marriage is linked to poverty, illiteracy, dowry, landlessness and
other social evils. The impact of child marriage is widowhood, inadequate socialization, education
deprivation, lack of independence to select the life partner, lack of economic independence, low
health/nutritional levels as a result of early/frequent pregnancies in an unprepared psychological
state of young bride. However, the Indian boys have to suffer less due to male dominated society.
Around 40% child marriages occur in India. A study conducted by Family Planning Foundation
showed that the mortality rates were higher among babies born to women under 18. Another study
showed that around 56% girls from poorer families are married underage and became mothers. So,
all this indicated that immediate steps should be taken to stop the evil of Child Marriage
 Situation of Women's human rights (Contd..8)
7. Violation of Right to protection from society, state and family system (Contd..1)
b) Dowry harassment and Bride Burning
Bride burning is linked to the custom of dowry, the money, goods, or estate that a woman brings to her husband in
marriage. Thousands of young married women in India are routinely tortured and murdered by husband and
in-laws who want more dowries from the bride’s parents.
In spite if the Dowry prohibition Act passed by the government, which has made dowry demands in wedding
illegal, the dowry incidents are increasing day by day. According to survey, around 5000 women die each year due
to dowry deaths and at least a dozen die each day in kitchen fires.
c) Domestic Violence
Domestic Violence is undoubtedly a human right issue where it is very important to know what actually leads to
act of domestic violence. The most common causes for women stalking and battering include: - exploitation of
women for demanding more dowry, discrimination of women, alienation of women’s self acquired property
fraudulently, torture by husband and in-laws of the husband, arguing with the partner, refusing to have sex with
the partner, neglecting children, going out of home without telling the partner, not cooking properly or on time,
indulging in extra marital affairs, not looking after in-laws, cruelty by husband or in-laws mentally or physically,
abusing & insulting by using vulgar language, sexual harassment, molestation, immoral traffic, rape, sodomy and all
other inhuman acts. In all above stated causes women are subjected to torture and will be considered as the
aggrieved person. Usually violence takes place due to lack of understandings between the couple as well as in the
family.
 Situation of Women's human rights (Contd..9)
7. Violation of Right to protection from society, state and family system (Contd..2)

d) Rape

Young girls in India often are the victims of rape. Almost 255 of rapes are of girls under 16 years of
age. In 2012, over 24,000 cases of rape were reported, though realistic statistics are likely to be much
higher. The International Centre for Research on Women conducted a survey amongst New Delhi
residents to determine their attitudes toward sexual violence, especially in the public sphere. Of the
female respondents, an incredible 95% reported feeling unsafe in public, due to the perceived threat
of sexual violence against women.

In rape cases, it is very torturing that the victim has to prove that she has been raped. The victim finds
it difficult to undergo medical examination immediately after the trauma of assault. Even the rape
victims often feel responsible for the act, and are sometimes ostracized by family members. This
shame is exacerbated by the facts that only 7 %(or less in some states) of the Indian police force are
female.
 Situation of Children’s human rights
India has more than 50% of its population below the age of 25 and more than 65% below the
age of 35. It is expected that, in 2020, the average age of an Indian will be 29 years. A large
percentage, 29% of that figure constitute children between the ages of 0 to 6 years.

In addition, 73% of children in India are living in rural areas, often have limited access to
fundamental needs such as nutrition, access to healthcare, education, and protection. The
high percentage of children living in rural areas often result in negative repressions in terms
of children accessing fundamental rights.

India’s commission for the protection of children’s rights (act 2005) (amended in 2006), has
had some impact in promoting children’s rights in India. Despite this, children in India
continue to face challenges in attaining these rights, particularly those related to access to
education, forced labour, and child marriage. Given that children make up 39% of India’s
1.21 billion population, it is imperative that the rights of these children are met.
 Situation of Children’s human rights (Contd..1)
1. Right to Health :

Addressing access to health is a key indicator of attaining children’s rights. In India, nearly 1 million
children die under the age of five, an estimated 39 deaths per 1,000 live births. Women and children
are most likely to suffer disadvantages related to accessing health services such as maternal and
newborn coverage. Only 1 in 3 Indian women benefit from regular monitoring of their pregnancy. In
rural areas, barely 37% of births are assisted by qualified health personnel.

India has more than 204 million undernourished people and Indian children remain the most affected.
Children in India often face a high prevalence of stunting with rates as high as 39%. As a response, the
government started a large awareness campaign in order to educate the population about the
importance of a varied and balanced diet.

Children also face other challenges including a high incidence of HIV infections: 3700 new infections
among children, a lack of safe drinking water, and adequate sanitation. The latter, as a result of
uneven distribution of comprehensive health services to women and children in rural states.
 Situation of Children’s human rights (Contd..2)
2. Right to Education :

• Access to education in India remains a very problematic and key barrier to realizing children’s rights.
India continues to have the largest number of illiterate people in the world at 287 million adults, the
largest population globally, and 37% of the world’s total. Although India’s literacy rate increased by
15% between 1991 and 2006, subsequent population growth had meant that the total number of
illiterate people remained high. Despite India’s efforts to devote 10.5% of its total government
expenditure on education, its decentralized nature means that rich states can spend much more on
education than poorer states. For example, a rich state like Kerala spent $685 per person per year on
education while a poorer state like Bihar only spent $100. This unequal distribution of education
further marginalizes children especially those living in rural area.

• Discrimination linked to the caste system as well as discrimination against woman also remains,
marginalizing millions of young Indians in the educational system. Despite this, the Indian government
is trying to find solutions to allow all Indians, young or old, to benefit from high-quality education in
order to fight against illiteracy. In spite of the continuing problems, India can be very proud of itself for
having made considerable progress in its educational system.
 Situation of Children’s human rights (Contd..3)
3. Right to life :

• Thousands of children lose their lives each day, not only because of poverty but also because
female Infanticides are practiced with impunity. The main threat to Indian children’s right to life stems
from these female infanticides, a cultural practice that persists. In fact, each day, thousands of small
Indian girls either die before being born or lose their lives because they are not desired or accepted by
their family. There are several factors which contribute to the practice of female infanticides, including
the dowry system which makes daughters “an unaffordable economic burden”.

• To deal with this problem, many Indian families turn to selective abortion of the female fetus (feticide).
Even more alarming, when the birth of the child is unavoidable, families kill the babies by drowning,
poison, suffocation, or deliberate negligence leading to the death of the child.

• The reality is even more frightening: globally 117 million girls demographically go missing due to
selective sex-abortions, and in India, every minute, 9 abortions of female fetuses will take place.
Furthermore, as a result of sex-abortions India ranked number four among countries with the most
skewed sex ratio at 112 males for every 100 females.

•
 Situation of Children’s human rights (Contd..4)
4. Right to protection, and freedom of expression :

• In India, a child has the right to be protected from neglect, exploitation, and abuse at home
and elsewhere. Children have the right to be protected from the incidence of abuse,
exploitation, violence, neglect, commercial sexual exploitation, trafficking, child labour, and
harmful traditional practices to name a few. Yet according to a study conducted by the
government in 2007, more than 69% of children aged 5 to 18 years old are victims of abuse.
There are many who must face humiliation and violence every day.

• More than half of the abuses inflicted upon children are committed by a close group of people
who have a relationship of confidence and authority with the child. In Indian families, parents
have absolute authority over their children. Furthermore, this strict discipline is also found in
academic areas, a study found that 65% of school-going children have faced corporal
punishment at the hands of academic staff.
 Situation of Children’s human rights (Contd..5)
4. Right to protection, and freedom of expression : (Contd..1)

• A contributing factor to the neglect of children is a result of cultural values which does not
have high esteem and standing for the words and opinions of children. As such, no Indian
legislation specifically mentions this right, and education focuses on the respect children
must show to adults.

• To fully realize children right to protection, it is important to adopt a different attitude

towards children and their needs. It is also necessary to invest in educating and training
caregivers on children’s fundamental right to protection, and prosecuting those who neglect
it.
 Situation of Children’s human rights (Contd..6)
❑ Risk Areas for Children :
1. Poverty, and access to water
• Since 1991, India has experienced strong economic growth. This often-spectacular development offers
hints of new hopes relating to human rights and social development. However, given India’s large
population, many people continue to live in great poverty. The country is strongly characterized by
inequalities between different regions and groups of populations. Children are most affected by poverty
and social inequality. A major contributing factor to this poverty is the lack of clean water.

• Even though 96% of the population living in cities has access to clean water, 73% of Indian children live
in rural areas where access to potable water remains a considerable problem: 20% of the rural
population does not always have access to potable water. As a result of this, it is the children living in
these areas who are most exposed to various health problems linked to water.

• Moreover, children suffering from a lack of water miss the possibility to grow up in a healthy
environment because neither homes nor schools allow them to benefit from the minimum required
hygiene standards. Addressing poverty, the uneven distribution of water and other social inequalities
are crucial for realizing children’s rights.
 Situation of Children’s human rights (Contd..7)
❑ Risk Areas for Children : (Contd..1)
2. Child labour
• In the last years, India has put efforts in programs to fight against child labour. Major factors which
contribute to this problem are the lack of food, high poverty, as well as social and economic
circumstances. Other contributing factors include the lack of awareness about the harmful effects of
child labour, as well as the lack of access to basic and meaningful quality education and skills training.
• A recent analysis of census data in the country shows an overall decrease in child labour of only 2.2
percent yearly, over the last 10 years. Also, it has revealed that child labour has grown by more than 50
percent in urban areas.
• Children under 14 often work full days in hacking cobbles stones, stitching shoes and footballs, rolling
cigarettes and incense sticks, embroidery work on clothing, crafts, packing, and sticking labels to name
a few. Child labour is often the result of adult unemployment or low parental wages forcing children to
contribute to home production.
• Children forced in labour rather than education are not given the opportunity to develop physically,
intellectually, emotionally, and psychologically. India has one of the youngest populations in the world,
yet more than 42.7 million children are out of school.
 Situation of Children’s human rights (Contd..8)
❑ Risk Areas for Children : (Contd..2)
3. Child Abuse
• Child sexual abuse is a dark reality that is highly prevalent in India and adversely impacts the health and
wellbeing of children. Statistics show that every 15 minutes one child is sexually abused. According to
research, child sex offenders can be distinguished into two groups. The first group account for about
60% of officially known offenders and show no sexual preference disorder, but who, for different
reasons, sexually abuse children. The other groups are those showing a sexual preference disorder,
namely pedophilia.
• Individual factors such as poor socio-economic status, the death of a parent or husband, and being born
to a commercial sex worker are pathways to initiation into commercial sex work. Early childhood
experience because of sexual abuse was also documented as a risk factor for re-victimization as well as
initiation into commercial sex work. The lack of proper family support, family and personal history of
mental health pathologies, and family exposures to sexual images were some of the other potential risk
factors.
• Moreover, the lack of sanitation and poor safety of women were also found to be community-level
factors which increased the risks for sexual abuse. The health outcomes of child sexual abuse can be
grouped into mental health, physical health, behavioral, and interpersonal. Children who experience
sexual abuse have a high risk for psychiatric disorders including obsessive-compulsive disorders,
suicidal behaviors, and depression.
 Situation of Children’s human rights (Cont..9)
❑ Risk Areas for Children : (Contd..3)

4. Child Marriage

• In India, there was a decline in the percentages of girls getting married under the age of 16 as well as
below 18 over the 20-year period 1992–2012. In addition, the mean age at marriage is 16.6 years old.
There is some evidence from that child labour may in itself increase the risk of child marriage.
Furthermore, girls who married as children were less likely to have been enrolled in secondary school.
By the age of 15 years, only 40 percent of the girls who were child brides continued to be enrolled in
school, compared to 86 percent of the girls who were unmarried when they turned 18.
 Situation of Minority Group’s human rights
❑ In any discussion on ‘Human Rights Issues of Minorities in Contemporary India’ one has necessarily to
be reminded of the aspirations that our founding fathers and mothers had. This vision they
encompassed in the Constitution of India.
❑ Secularism does not signify anti-religion. In India people fervently believe in their respective religions
and overwhelming number of persons of all communities give equal respect to the religion of others.
Secularism signifies giving equal dignity and respect to all religions.
❑ All religions have the same message. Thus Vasudhaiva Kutumbakam (the world is one family) shows
the spirit of tolerance in Hinduism. Same message of humanity and common good runs through all
religions. Thus Holy Quaran proclaims: “All the created ones belong to the family of God….. so, an Arab
has no precedence over a non-Arab, a white over a black.” And Christ said succinctly: “All are children
of God.”
❑ Still, the continuous violence and crimes against the minorities that are Muslims, Sikhs, Christians have
been popping up on daily in India. This issue came up in the eighth session of the UN forum at Geneva.
It was held in that section that the rights of minorities are in virtual collapse. About 1.8 million people
who are minority communities are tortured in police custody every year. The word murder of
minorities has been replaced by the term encounter killings. Torture have increased to such a huge
extent that it questions the credibility of the rule of law and criminal justice.
 Situation of Minority Group’s human rights (Contd..1)
The minorities, many a time, may feel that there is discrimination against them in the matter of
employment, housing, for obtaining loans from the public or private sector banks, or opportunities for
good schooling. It is self evident that if minorities have these perceptions, law must provide an effective
mechanism which should examine their complaints and be able to give effective relief. It is imperative that
if the minorities have certain perceptions of being aggrieved, all efforts should be made by the state to
expeditiously.
This mechanism should operate in a manner which gives full satisfaction to the minorities that any denial
of equal opportunities or bias or discrimination in dealing with them, either by public functionary or any
private individual, will immediately be attended to and redress given. Such a mechanism should be
accessible to all individuals and institutions desirous to complain that they have received less treatment
from any employer or any person on the basis of his/her Supporting Resources Collection (SRC)
background and gender. It is wrong to assume that there is an inevitable conflict between the interests of
majority and minority communities in the country. This is flawed reasoning and assumption.
Deprivation, poverty and discrimination may exist among all SRCs although in different proportions. But
the fact of belonging to a minority community has, it cannot be denied, an in-built sensitivity to
discrimination. This sensitivity is natural and may exist among religious minorities in any country.
Recognizing this reality is not pandering to the minorities nor sniping at the majority. This recognition is
only an acceptance of reality. It is a well accepted maxim in law that not only must justice be done but it
must appear to be done.
 Situation of Minority Group’s human rights (Contd..2)
In contemporary India communalism has emerged as a discourse for articulating differences. In run-up
to the Parliamentary election of 2014 the differences between the Hindus and the Muslims of India was
articulated through communal riots originating in Muzaffarnagar district of Uttar Pradesh.

The event which initially began with an altercation in a locality of Muzaffarnagar, later led to a
nationwide rage and claimed many innocent lives. Inflammatory speeches by right –wing Hindu
leaders and allied groups led to three days of mass violence and riot in most of the districts of Uttar
Pradesh. The violence ceased after a curfew was imposed and Indian army was deployed to restore
peace and order.

The incidents had massive repercussion on the lives of the local Muslims. Nearly hundreds were killed
and Muslim citizens from almost 150 villages had to flee from their homes. The local groups working
with victim has reported that even today approximately 27000 Muslims from Muzaffarnagar and
neighbouring district remain displaced.

Despite, their being a proper framework of rights and safeguards for minority protection under the
constitution, the failure of the state to surmount this has resulted in failure of consensus.
 Situation of Minority Group’s human rights (Contd..3)
The distribution of the government jobs and access to economic resources in the modern India is a
reflection upon dramatic inequities. Tracing from the colonial ear, the data shows that the Muslims
who had 35% jobs in the government offices now have only 3.5 % job in free India, likewise Christians
had 15% their figure has dropped to 1%. But the most striking contrast is in employment of the
Brahmins.

Under the colonial administration the Brahmins had 3% employment in government offices,
fractionally less than the proportion of their 3.5% population. In independent India the figures raised
to 70% of government jobs. They do equally well in electoral post, of the 503 Lok Sabha members 190
are Brahmins and of the 244 members of Rajhya Sabha 89 are Brahmins. These figures clearly indicate
that 3.5% of the Brahmin community in India holds 36% to 63% of the plump jobs of the country.

Apart from discrimination in access to resources, minorities in India have also been the victim of hate
politics. In a recent incident in October 2015 four Muslim men were killed by Hind vigilante groups in
separate incidents across the country, based on suspicion that they had killed or stolen cows for beef.
The violence was perpetrated by aggressive Right wing Hindu groups who of their own accord
undertook the task of protecting cows and put a ban on beef consumption, because they are considered
scared by Hindus.
 Situation of Minority Group’s human rights (Contd..4)
Invariably the Muslim and the Christian minorities have been the targets of hate politics in India. The
violence against these communities have existed ever since the formation of the Indian nation-state,
however, the trajectories of these recent incidents reveal that India’s commitment to communities
versus India’s commitment to equal citizenship, the political balancing act which worked well in the
first decades of the independence is proving impossible to sustain over the long haul. In these recent
cases violence against minorities are perpetuated and sustained by the State.

The present situation needs to be evaluated critically to give the minorities in multicultural societies
their perspective and place in democratic polity. Democracy is significant not simply in terms of free
speech and other things, it is significant because its overall purpose is to bring different point of views,
and different sensibilities into constant creative interaction, as truth can only come out of intercultural
dialogue.

The adoption of rights and safeguards for minorities, the spirit of secularism and equality in the
constitution already fulfils this requirement. However, what we lack is the political will of reinforcing
these of these constitutional values by strengthening and fortifying them. Secularism and equality may
not be able to stand as a foundational concept by itself; hence there is a need for stronger political will
in order to meet the challenges faced by these concepts.
 Situation of Indigenous People’s human rights
In India, 705 ethnic groups are notified as Scheduled Tribes (STs) spread across all states and UT's. s.
These are considered to be India’s indigenous peoples. There are, however, many more ethnic groups
that would qualify for Scheduled Tribe status but which are not officially recognized. The largest
concentrations of indigenous peoples are found in the seven northeastern states India, and the
so-called “central tribal belt” stretching from Rajasthan to West Bengal, where the STs are usually
referred to as Adivasis, which literally means indigenous peoples.

In context of Welfare and Rights of Scheduled Tribes, India supported is to put in place appropriate
monitoring mechanisms to ensure that the intended objectives of the progressive policy initiatives and
measues for the promotion and protection of the welfare and the rights of the vulnerable, including
scheduled tribes, are well achieved.

This is related to the recommendations noted by India to monitor and verify the effectiveness of, and
steadily implement, measures such as quota programmes in the areas of education and employment
and ensure that laws are fully and consistently enforced to provide adequate protections for members
of adivasi groups, among others. India has partially implemented those recommendations but there
have also been actions against them.
 Situation of Indigenous People’s human rights (Contd..1)
There have been reports of slow implementation of quota programmes of STs in employment. As of
May 2013, there was a backlog of vacancies for the STs with central government of 12,195 posts and as
a result, India’s Prime Minister approved a Special Recruitment Drive to fill the backlog by end of 2013.

Update on the recruitment drive has not been available yet. At the same time, there have been reports
that huge amounts of Tribal Sub-Plan (TSP) funds, under India’s five year-plans, have either been
diverted and misused or remained unspent since 2011.

Because of this diversion of TSP funds, tribals have been deprived of the socio-economic development
envisaged in the plan. Central ministries and departments have been diverting funds meant for
targeted TSP into universal schemes or programmes that have little to do with the welfare of tribals.

On land rights of the STs, recognition of the right of the STs to say “no” to acquisition of their land, and
their right to access and manage forests and other resources and limiting exercise of “eminent domain”
or “public purpose” projects in tribal areas. It also recommended for an inquiry into the quality of
resettlement and rehabilitation in development projects in the last 50 years in scheduled and other
tribal dominated areas given the widespread discontent of among displaced tribals.
 Situation of Indigenous People’s human rights (Contd..2)
In context of Crimes against Scheduled Tribes, India’s Parliament passed the Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Amendment Bill to provide for stringent action against
those involved in crimes against STs. The Bill amends certain existing categories and adds new
categories of actions to be treated as offences, including wrongfully occupying land belonging to STs
and assaulting or sexually exploiting an ST woman, among others, and makes further provisions on
role of public servants and courts.

However, crimes against STs in India are only increasing every year. A total of 6,793 cases of crimes
committed against STs were reported in the country during 2013 as compared to 5,922 cases in 2012,
thus showing an increase of 14.7%. This increase was observed under crimes of rape, kidnapping &
abduction, dacoity, arson, protection of civil rights act and the SC/ST Act.

These are only the reported cases of atrocities committed by non-tribals and do not include cases of
human rights violations by the security forces.
 Situation of Indigenous People’s human rights (Contd..3)
There has been growing concern over incidents of racial discrimination against people from the
northeast in Indian cities. In August 2012, over 5,000 panic-stricken northeasterners fled the
southern city of Bangalore after reports that their communities would be attacked to avenge sectarian
violence between indigenous communities and Muslim immigrants in Assam, in which 74 lives were
lost the earlier month.31 In February 2014, in what many described as “hate crimes” against
northeasterners, a student died of internal injuries after shopkeepers, who had ridiculed his
appearance, had beaten him.

The incident sparked protests of thousands in Delhi calling for justice against racism. In the most
recent incident, in August 2016, a student from Arunachal Pradesh was beaten in Pune while the police
delayed to lodge the complaint of the case. Indigenous peoples’ organizations point to inadequate
government efforts to prevent or address such incidents.

On the other hand, violent acts against tribals at the hands of the State security forces and armed
opposition groups have continued. The tribals are trapped in between the armed groups and security
forces in areas of armed conflicts such as Maoist insurgency areas in mainland India. Particularly, in
northeast India, there has been significant opposition to increasing militarization.
 Situation of Indigenous People’s human rights (Contd..4)

In context of Rights of Indigenous Women, India supported a recommendation to continue to

promote the rights of women in their choice of marriage and their equality of treatment independently
of tribe and other considerations.

Indigenous women continue to face discrimination and unequal treatment in many forms. In a shadow
report to CEDAW, indigenous women’s groups from India have detailed out such discrimination in
education, health and other social and economic areas. Child marriage practice, as per the report, still
exists in rural tribal areas, which can be stopped and prevented through quality education and
rigorous mass awareness. Indigenous women have benefitted least despite large funds invested for
rural and tribal development.

Further, massive land alienation and displacement of tribals due to infrastructure projects in northeast
India and mining in adivasi areas, have increased vulnerability of indigenous women and girls by
multifold to food security, poverty, violence and abuse, including in forms of trafficking and
prostitution, and resulted in systematic discrimination. Around 70 cases of such violence against tribal
women were collected from across the country in the report