SCHOOL OF LEGAL STUDIES

DEPARTMENT OF LAW

COURSE NAME: HUMAN RIGHTS COURSE CODE: IL -C- 701

ASSIGNMENT ON:

ENFORCEMENT OF HUMAN RIGHTS IN INDIA

Submitted With Regards,

To,

Dr. Falak Naaz

Assistant Professor
Department of Law, School of Legal Studies, Central University of
Kashmir.

PREPARED & SUBMITTED BY:

Name: Sheikh Mohsin Farooq

Er. No.: 2007CUKMR30

Semester: 7th (Seventh)

Course: B.A. LLB (5 Yrs.)

E-mail: sheikhmoshin2861@icloud.com

Phones: +91 7006301336

 ENFORCEMENT OF HUMAN RIGHTS IN INDIA
Enforcement of human rights in India is a multifaceted endeavor that involves various
stakeholders, including governmental bodies, the judiciary, civil society organizations, and
international mechanisms. India, as a democratic republic, has enshrined the protection of human
rights in its Constitution and has established numerous laws, institutions, and mechanisms to ensure
their enforcement. However, the reality of enforcing human rights in India is complex and often
challenged by systemic issues, societal norms, and historical legacies. In this comprehensive
discussion, we will explore the enforcement of human rights in India, covering its legal framework,
institutional mechanisms, challenges, progress, and future prospects.

1. Constitutional Framework for Human Rights Protection:

The foundation of human rights enforcement in India lies in its Constitution, which came
into effect on January 26, 1950. The Constitution guarantees a comprehensive set of fundamental
rights to all citizens, including the right to equality (Article 14-18), freedom of speech and
expression (Article 19), right to life and personal liberty (Article 21), right against exploitation
(Article 23-24), right to education (Article 21A), and cultural and educational rights of minorities
(Article 29-30).
These fundamental rights are justiciable, meaning individuals can directly approach the
judiciary to seek remedies for their violation. The Constitution empowers the Supreme Court and
High Courts to issue writs for the enforcement of fundamental rights (Article 32 and Article 226).
Over the years, the Indian judiciary has played a crucial role in expanding the scope and protection
of human rights through landmark judgments, interpreting constitutional provisions liberally to
uphold human dignity and equality.

2. Legislative Framework and Institutional Mechanisms:

In addition to constitutional protections, India has enacted various laws to safeguard human
rights and address specific issues. The Protection of Human Rights Act, 1993, established the
National Human Rights Commission (NHRC) at the national level and State Human Rights
Commissions (SHRCs) in each state to inquire into complaints of human rights violations and
promote awareness about human rights.
The NHRC and SHRCs have quasi-judicial powers to investigate complaints, summon
witnesses, and recommend compensation or prosecution in cases of human rights violations. While
these institutions have made significant contributions to human rights enforcement, there have been
criticisms regarding their effectiveness, independence, and limited powers, particularly in cases
involving security forces or high-level government officials.
Additionally, India has specific legislation addressing various human rights issues, such as
the Protection of Women from Domestic Violence Act, 2005, the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989, the Juvenile Justice (Care and Protection of Children)
Act, 2015, and the Right to Information Act, 2005, among others.

3. Judicial Enforcement and Role of the Judiciary:

The Indian judiciary, particularly the Supreme Court, has been a significant actor in the
enforcement of human rights. Through its expansive interpretation of fundamental rights and
proactive judicial activism, the Supreme Court has delivered several landmark judgments that have
advanced human rights protection in India.
Some notable cases include:
Maneka Gandhi v. Union of India (1978): Expanded the scope of Article 21 (right to life and
personal liberty) to include the right to travel abroad.
Vishaka v. State of Rajasthan (1997): Laid down guidelines to prevent sexual harassment at the
workplace.
NALSA v. Union of India (2014): Recognized the rights of transgender persons and directed the
government to provide them with affirmative action.
K.S. Puttaswamy v. Union of India (2017): Affirmed the right to privacy as a fundamental right
under the Constitution.
These judgments have not only provided relief to individuals whose rights were violated but
have also set precedents for future cases and influenced policy-making in various domains.

4. Civil Society and Advocacy:

Civil society organizations (CSOs), human rights activists, and advocacy groups play a
crucial role in monitoring human rights violations, raising awareness, and advocating for policy
reforms. These organizations often provide legal aid and support to victims of human rights abuses,
conduct research, and engage in campaigns to promote human rights education and awareness.
Organizations like Amnesty International India, Human Rights Watch, and the People's
Union for Civil Liberties (PUCL) have been instrumental in highlighting human rights issues,
documenting violations, and pressuring the government for accountability and reforms. However,
CSOs in India also face challenges, including restrictions on foreign funding, harassment, and
intimidation by authorities, and attempts to delegitimize their work.

5. Challenges and Concerns:

Despite the legal framework and institutional mechanisms in place, the enforcement of
human rights in India faces several challenges:
Impunity: There is often a lack of accountability for human rights violations, particularly in cases
involving security forces, police, or powerful individuals. The culture of impunity undermines
public trust in institutions and perpetuates a cycle of abuse.
Discrimination and Marginalization: Vulnerable groups such as women, children, religious and
ethnic minorities, LGBTQ+ individuals, and persons with disabilities continue to face
discrimination, exclusion, and violence based on their identity or social status.
Access to Justice: Many marginalized communities, especially in rural and remote areas, lack
access to legal aid, information, and effective remedies for human rights violations. The judicial
system's complexity, delays, and costs further exacerbate barriers to justice.
Freedom of Expression and Dissent: There have been growing concerns about restrictions on
freedom of speech, censorship, and attacks on journalists, activists, and dissenting voices. Laws
such as the Unlawful Activities (Prevention) Act (UAPA) and sedition laws have been criticized for
their misuse to stifle legitimate dissent.
Socio-Economic Rights: While the Constitution guarantees certain socio-economic rights, such as
the right to education and the right to livelihood, their enforcement remains inadequate, with
significant disparities in access to basic services, healthcare, education, and economic opportunities.
Armed Conflict and Internal Displacement: States affected by armed conflict, insurgency, or
communal violence often witness human rights abuses, displacement, and humanitarian crises. The
situation of internally displaced persons (IDPs) and refugees remains a pressing concern, with
inadequate protection and assistance from the government.

6. International Mechanisms and Accountability:

India is a party to various international human rights treaties and conventions, including the
International Covenant on Civil and Political Rights (ICCPR), the International Covenant on
Economic, Social and Cultural Rights (ICESCR), and the Convention on the Rights of the Child
(CRC). These international commitments provide additional standards and mechanisms for human
rights enforcement and accountability.
India undergoes periodic reviews by international bodies such as the United Nations Human
Rights Council (UNHRC) and submits reports on its human rights record. These reviews offer
opportunities for dialogue, scrutiny, and recommendations for improving human rights protection
domestically.

7. Progress and Future Prospects:

Despite the challenges, India has made significant progress in promoting human rights awareness,
strengthening legal protections, and expanding access to justice. The vibrant democracy,
independent judiciary, and active civil society are vital assets in the quest for human rights
enforcement.
There have been positive developments in areas such as gender equality, LGBTQ+ rights, disability
rights, and environmental justice, driven by grassroots movements, judicial interventions, and
policy reforms.
To enhance human rights enforcement in India, several measures can be considered:
Strengthening Institutional Mechanisms: Empowering NHRC and SHRCs with greater
autonomy, resources, and investigative powers to effectively address human rights violations.
Legal Reforms: Reviewing and amending existing laws to align with international human rights
standards, repealing draconian laws, and enacting comprehensive anti-discrimination legislation.
Access to Justice: Expanding legal aid services, simplifying legal procedures, and promoting
alternative dispute resolution mechanisms to ensure equitable access to justice for all.
Human Rights Education: Integrating human rights education into school curricula, professional
training programs, and public awareness campaigns to foster a culture of respect for human dignity,
equality, and diversity.
Engagement with Civil Society: Creating an enabling environment for civil society organizations
to operate freely, engage in constructive dialogue with the government, and participate in
policymaking processes.
International Cooperation: Strengthening cooperation with international human rights
mechanisms, implementing recommendations from treaty bodies and UN special rapporteurs, and
enhancing accountability for human rights obligations.

In conclusion, the enforcement of human rights in India is a dynamic and evolving process
that requires sustained commitment, collaboration, and vigilance from all stakeholders. While
significant challenges persist, there are also opportunities for progress and positive change through
collective action, legal reforms, and social mobilization. By upholding the principles of equality,
justice, and dignity, India can continue to advance human rights enforcement and contribute to a
more inclusive and equitable society.