CIVIL RIGHTS
Civil Rights in India: A Primer
Civil rights in India are fundamental to a free and fair society. They allow individuals to have equal protection and treatment from politics and society, regardless of caste, creed, religion, gender or other social status. Civil rights are authorized, ensured and protected by the Constitution of India. They are a medium by which an individual has the ability to live with dignity, liberty and freedom of speech and expression. A civil right can act as a barrier against injustice, discrimination and abuse by the State.
There are several specific articles relevant to civil liberties in India, which serve as foundations of civil liberties, such as: Article 14 (equality before the law), Article 19 (freedom of speech and expression), and Article 21 (right to life and personal liberty). These constitutional rights show India's respect for democratic governance and justice.
Civil Rights Activists and their Role
Over the years, civil rights activists have played an important role in the promotion of civil liberties. As advocates, lawyers, journalists, and social reformers, civil rights activists contest illegal arrest, custodial violence, caste-based discrimination, and restrictions in freedom of expression. Civil rights activists in India make a real difference by continuing to demand accountability, raising awareness of violations, and public interest litigation addressing those wrongs, and by holding government actors and non-state actors accountable for human rights violations.
Civil rights organizations (CUCL) and Right to Information (RTI) advocates created awareness, fostered democracy, and mobilized public activism and accountability on human rights abuses.
Human Rights and their Legal System in India
Introduction to human rights in India
Human rights in India are fundamental and universal. Human rights are inherent and exist for all people simply by being human. Human rights have been given a legislative framework in the Constitution of India and through international treaties such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR).
Human rights protection in India is delivered through:
-The Protection of Human Rights Act 1993
-National Human Rights Commission (NHRC)
-State Human Rights Commissions
-Provisions in the Constitution such as Articles 15, 17, and 23
Types of Human Rights in India
Human rights are, in part, as follows:
Right to life and personal liberty
Right to equality and non-discrimination
Right to freedom of religion
Right to education and work
Right not to be tortured or inhumanly treated
There is considerable overlap in the application of civil rights and human rights in India concerning issues such as police violence, arbitrary detention, freedom of the press, and gender violence.
Civil Rights vs Human Rights: The Indian Legal Aspect
While civil rights are derived from a states laws (like a constitution or statute), human rights encompass a wider scope in moral principles and international law.
For example:
Civil rights allow for a person to participate freely in public and political life (voting in elections or protesting).
Human rights allow for a person to live at minimal standards in life in addition to a provision of healthcare, housing, freedom from torture.
In India these differences become blurred often, yet the judiciary has developed a unique jurisprudence which allows protection for both civil and human rights. The Indian Supreme Court has consistently interpreted civil rights in India as human rights including Article 21, Article 21 under the umbrella of environmental laws, privacy laws, healthcare laws etc.
Continuing Challenges to Civil Rights in India
Although India has a strong constitutional and legal framework, civil rights violations continue to occur. Among the most serious challenges are:
Police violence and custodial deaths
Internet and Social Media shutdown and censorship
Suppression of peaceful protest
Discrimination on caste and religious grounds
Criminalization of dissent and press freedom
We must remain vigilant about the role of civil rights activists, the judiciary, and their enforcement to protect civil rights in practice.
Legal Remedies for Civil Rights Violations
If you have been subjected to a civil or human rights violation, there several legal remedies that you can pursue:
Writ Petitions under Articles 32 and 226 for enforcement of fundamental rights.
-Complaints to NHRC or State Human Rights Commissions.
-Petition in the form of PILs (Public Interest Litigations) for groups of people who are affected.
-Criminal cases or civil suits depending on the nature of the violation.
Vrin Legal assists people whose civil rights and human rights have been violated with effective legal support. Our team assists clients with filing petitions, representing the client in courts and seeking relief, through the Constitution or act, statutes, policy etc.
Influence of Global Players on Civil Rights in India
India is a party to many international conventions which have a direct impact on domestic policies regarding civil rights and human rights. These are: