India’s Approach To Human Rights And Government Initiatives

Author: LawSphereX

Category: Constitutional & Human Rights

Published: 2026-08-23T20:19:49.646682+00:00

Updated: 2026-08-26T17:11:08.662+00:00

INDIA’S APPROACH TO HUMAN RIGHTS AND

GOVERNMENT INITIATIVES

Rahul Jamatia, B.A. LL.B., KLE Law College, Bengaluru “Human rights are not only the rights of the human beings, but also about the responsibilities that the human beings must assume towards each other, and towards the broader ecosystems in which they live” - Upendra Baxi1

ABSTRACT

From the very initiation of the steps of drafting the constitution of India to its adoption in 1949 and later coming into effect in the 1950s, the concepts of Human Rights were taken into the first pages of the provisions of the constitution. The Drafting Committee and the members of the constituent assembly came into one uniform decision to have a secular and democratic nation due to the idea of protecting human rights. The concept of human rights is way back to when Indians identified it before the adoption of the International Covenant on Civil and Political Rights in 1954. This was the period when the deliberation of the Universal Declaration was going on over the International Organizations, and by nature, only the framers were influenced by the concept of human rights.

If we go according to the historical school of thought, it will be well subscribed by the scholars of human rights that India has encountered a series of evolutions in understanding human rights. Rooted in the ancient philosophies, including Vedas, Upanishads, and the teachings of enlightened beings like Adi- Shankara, Gautam Buddha and Jain tirthankaras, the ancient Indians have always emphasized the idea of dignity, integrity, equality, and the interest of the individuals. The concept of human rights that we see today embedded in Indian laws was due to the steps which were further taken by colonial struggles and the Indian freedom movement, with key figures and individuals such as Mahatma Gandhi advocating for the freedom of the citizens, nonviolence and Justice to all.

Therefore it can be considered that the concept of human rights in India are not new and it was obvious that the characteristics of the human rights be seen in the Laws enacted in parliament and the judgments made in the court.

1 Baxi, U., The Future of Human Rights, Oxford University Press 2002

HISTORICAL OVERVIEW OF HUMAN RIGHTS IN INDIA

As earlier mentioned in the article, Human Rights in India are not a new concept. If we go back to the past, way back before the Concept of Mahajanapadas, we have the same concept evolving in the Vedas and the Upanishads (1500-500 BCE). These ancient texts profoundly articulate the concepts of Dignity, Truth (Satya), and the Cosmic Order (Rita). The Rig Veda’s concept of “Vasudaiva Kutumbakam” or “The world is my family” embodies the early phases of human rights values and interest of the communities with Modern human rights principles2. In the epic Ramayana and Mahabharata, the principle of Dharma, which is “the Duty and righteous action”, tells us how the ethical responsibility and the idea of morality of the rulers and individuals echoed in the contemporary ideas of justice and fairness.

3 For example, Lord Rama’s adherence to ethical governance of the state and Yudhisthira’s commitment to truth and justice demonstrate early models of respecting human dignity. Then comes, the 6th BCE, the teachings of Dhamma by Gautam Buddha. His movement for self preservation and reliance go widespread that today half of the East and south east avian countries give respect to the Buddha and to the nation from which his Dhamma emerge. Buddha in his last stage of Mahaparinibanna or the Final Enlightenment said in pali language- “Apo Dipo Bhavah” which means “ be your own light”. This is based on the concept that we humans are born with sufferings can get their own shield from protection of oneself which is embedded within themselves in the form of righteous deeds.

Buddha’s teachings are in align with human rights as it emphasized in the concepts of non-violence(Ahimsa), Equality, Compassion (Metta) countering social discrimination based on caste, creed, gender or status. These ideas laid a founding pillar for the universal respect and ethical treatment. 4 Mahaprajmna Paramita Sutta in Vajrayana tradition of Tibetan Buddhism gave this beautiful mantra of compassion which can be slightly translated in English as – Gone, gone, gone beyond the shore. Here Buddha tried to elucidate that rights are not just limited to the covenant made between divine and the individuals but it is based on the wisdom which come through reasoning which if require to unlearn something the we must do it for the sake of understanding how we are supposed to protect our rights.

In simple terms, he tried to deliver that the rights are not limited to one sanction given by 2 Sen, A. , The Argumentative Indian: Writings on Indian History, Culture, and Identity (Penguin Books 2005)

3 Badrinath, C., The Mahabharata: An Inquiry in the Human Condition (Orient Longman 2007).

4 3. Harvey, P., An Introduction to Buddhism: Teachings, History, and Practices (Cambridge University Press 2013).

particular individual, rather it surpasses all the dimensions like illuminating light just as how compassion is being accepted by all the living beings through mutual share of love and affection. Then we have ideas of Tirthankaras in Jainism. Lord Mahabir was the one great profounder of the word “Aparigraha” which means non-possessiveness. It says human have this moral duty to respect the rights of others. Others in Jainism will include all living beings, which have their own inherent rights by virtue of birth in any form and human beings as the main caretaker or this being holds a duty to not breach them. Violating it means bringing suffering to oneself. 5 322-185 BCE serves the important establishment of Mahajanapadas and the Great Mauryan Empire in Ancient Medieval India.

The Edicts of Emperor Ashoka serve as some of the earliest state sanction declarations on human rights and animal rights, which advocate for the welfare, the tolerance of all religions and the ethical treatment of all living beings. The policies of Ashoka is a move towards the codification of law for offering necessary respect for individual and collective rights. 6 The rise of the Mughal empire in India does not just mean how foreigners invaded the state, but also needs to be understood as to how the administration was during that period, as all these years of Mughal rule cannot be considered as exploitation. Like any other period of rise and fall, the Mughal Empire also has the Golden Period.

For instance, Emperor Akbar implemented policies of religious tolerance and social reforms, challenging the orthodox social hierarchy system and advocating for the rights of all the religious communities7. The period of Colonial rule at around 18th-20th C. E, encountered a systemic human rights violations, which galvanized reform movements led by figures such as Mahatma Gandhi and other freedom fighters, who Championed non-violence, civil disobedience and equal rights as fundamental to fight against oppression. 8 The Comes Dr. B. R. Ambedkar, Draftsmen of Constitution and the individual to raise the issue of grave human rights violations in the name of caste. He emphasized the idea of Equality before the law, and rights need to be protected in the draft of the constitution. Being inspired from the American Revolution and the fight for recognizing freedom of minorities.

He brought the ideas of how India should create giving

5 Dundas, P., The Jains, Routledge 2002

6 8. Thapar, R., Ashoka and the Decline of the Mauryas, Oxford University Press 1961.

7 Richards, J. F., The Mughal Empire, Cambridge University Press 1993.

8 Parel, A. J., Gandhi: 'Hind Swaraj' and Other Writings (Cambridge University Press 1997).

validation to certain interest of individuals in the form of basic human rights that later we call as fundamental rights through lots of discussion and debates made in the assembly. Finally, 1950, we the people of India, Adopt the Constitution of India which codified Fundamental rights such as Freedom of speech, and protection from discrimination, drawing heavily both Indian and Western philosophy on human rights9 These are some of the sequences that we can observe in the human rights progress in the Indian context.

LEGAL FRAMEWORK FOR HUMAN RIGHTS IN INDIA

The Concept of human rights varies from one state to the other based on their livelihood, culture, social structure, economic infrastructure and political setup. The way the state practices the system also reveals the idea that human rights are best protected in the National system. Human rights are secured under the national system. The protection and preservation of human rights in India lies upon its Constitution. The Constitution of India guarantees fundamental rights and other laws which are put into action through the executive and judiciary acting as a mediator. India is also signatory to various international conventions and declarations such the International convention of civil and political rights 196610. These ratifications made by India gave a huge impact to the Indian legal system. Human rights exist in two sets of law that is International law and domestic laws.

These two sets of law often need to work in consonance with each other so as to promote and ensure human rights. For domestic laws, the Constitution is the grand norm sovereign authority to promote rights as the constitution declares that it is the source of all authority and power and is for the people of India. So how can we ensure that the rights which are ensured internationally in regard to human rights are engraved within the concept of domestic laws? In India, no other laws apart from our constitution and the laws made by legislation are applicable. As Art. 2 of the International Covenant on Civil and Political Rights, 1966 says that each party states can take necessary steps in accordance with their constitutional processes and adopt such legislation as may be necessary to give effect to the rights recognized by the

9 Austin, G., The Indian Constitution: Cornerstone of a Nation (Oxford University Press 1999).

10 It is ratified in 27th march 1979.

covenant. It means that it is solely up to the discretion of the sovereign state to whether or not to accept the rights in the international covenant as domestic right in the nation. But if we go with this understanding, then it will mean that the state will go with those rights which it finds suitable for the administration and control over the subject and discard the rest. To avoid this conflict between the International covenant and the provision of CPC in the case of Jolly George Varghese v. Bank of Cochin, the court held that the later shall prevail unless specifically adopted municipal law.11 For instance, when there is a mischief between sec 51 CPC and art

11 of the International Covenant of civil and political rights as in regard to prohibition of arrest

and detention of the debtor unable to fulfil duty, Justice Krishna Iyer make an observation here that if the person have means and chances to fulfil, but he has no money at present or that money had gone somewhere, then it is violative of the spirit of Art. 11 of the International covenant and it is essential to prohibit confinement the person to bound him for payment. It is essential to have harmonious construction of both laws, but alas, it is up to the state to make law. International covenants cannot be compelled by the state but can only be recommendatory. As we understand earlier, the Constituent Assembly, in its initial stages, firmly proclaimed India as an Independent Sovereign Republic. The ideals of the objectives in the resolution of

1947 are reflected in the preamble. There are essentially four objectives, as Justice, Liberty,

Equality and Fraternity. In view of these the framers of the constitution has incorporated human rights into two parts, much the same way as in the International law. The Human rights were being instituted to the part III of the Constitution as fundamental rights. In Smt. Maneka Gandhi v. Union of India12, Justice Bhagavati observed that “ These Fundamental rights represent the basic values cherished by people of this country since the vedic times and they are calculated to protect the dignity of the individual and create conditions in which every human being can develop his personality to the fullest extent. They weave a pattern of guarantee on the basic structure of human rights and impose negative obligations on the state no to encroach on individual liberty in its various dimensions. ” In A. k. Gopalan v. State of Madras13, C.

J Kania make and observation that “the constitution is the supreme and for a statute to be valid must subscribe to the principles which are present in the constitutional requirements. ”

11 Jolly Goerge Varghese v. Bank of Cochin AIR 1980 SC 470

12 AIR 1978 SC 597

13 AIR 1950 SC 27

Mere declaration of fundamental rights is meaningless unless there is an effective machinery for the enforcement of the rights. These are provided in Art. 32 of the constitution which guarantees the rights to move to the Supreme Court to issue appropriate orders for the enforcement of the fundamental rights. Same manner we have Art. 226 of the constitution which enable the High courts to issue writs, however Art 226 will not supersede Art 32. The order of the higher will always supersede the orders passed by the lower so as to about derogation. In Bandhu Mukti Morcha v.

Union of India,14 it is observed by the bench that “The public Interest Litigation is a challenge and opportunity to the government and its officers, to make basic human rights meaningful to the deprived sections of the community and to assure them social and economic justice which is the significant tune of our Constitution. These human rights are being laid down in the constitution of India in written format, therefore the question arose as to whether these rights are exhaustive as per the need of the citizen and whether this rights are in consonance with the needs of the civilization which is growing rapidly. For this issue, judicial interpretation is being used over time and many new rights have been evolved over a period of time to make the exercise of fundamental rights meaningful and more effective.

15 The Constitution of India provides a robust framework for the protection of human rights, primarily under Part III (Fundamental Rights).

1. Right to Equality (Articles 14-18)

2. Right to Freedom (Articles 19-22)

3. Right against Exploitation (Articles 23-24)

4. Right to Freedom of Religion (Articles 25-28)

5. Cultural and Educational Rights (Articles 29-30).

6. Right to Constitutional Remedies (Article 32)

14 AIR 1984 SC 803

15 AIR 1967 SC 1643.

Directive Principles of State Policy (Part IV, Articles 36-51) Though not enforceable by courts, Directive Principles of State Policy (DPSP) are essential in promoting social and economic rights: - Article 39A: justice and free legal aid. - Article 41: Right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement. - Article 43: Living wage, etc. , for workers. - Article 47:Duty of the state to raise the level of nutrition and the standard of living and to improve public health.

Other Legal Frameworks for Human Rights Protection • Protection of Human Rights Act, 1993 • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 • The Juvenile Justice (Care and Protection of Children) Act, 2015 • The Protection of Women from Domestic Violence Act, 2005 • The Rights of Persons with Disabilities Act, 2016 • The Right to Information Act, 2005 • International Human Rights Framework in India • Universal Declaration of Human Rights (UDHR), 1948 • International Covenant on Civil and Political Rights (ICCPR), 1966 • International Covenant on Economic, Social, and Cultural Rights (ICESCR), 1966

Convention on the Elimination of All Forms of Discrimination Against Women

(CEDAW), 1979

Convention on the Rights of the Child (CRC), 1989 Constitution of India is technically made flexible so as to ensure nation’s growth and development and thus the amendment process for various provisions were laid down in Art.

368. It provides power to amend the Constitution, but judicial interpretation has placed

significant limitations on whether this power extends to amending fundamental rights. The scope of Article 368 has evolved through landmark judgments, each shaping the extent to which fundamental rights can be altered. In Shankari Prasad Singh Deo v. Union of India16, the Supreme Court held that Parliament, under Article 368, had the authority to amend any part of the Constitution, including the fundamental rights enshrined in Part III. The Court stated that an amendment made under Article 368 was not considered a "law" under Article 13, which prohibits the making of laws that contravene fundamental rights. However, this position was overturned in Golak Nath v. State of Punjab17, where the Supreme Court, by a narrow majority, held that Parliament could not amend fundamental rights.

The Court declared that fundamental rights were "transcendental" in nature and beyond the reach of Parliament's amending power. It was ruled that an amendment under Article 368 is a "law" within the meaning of Article 13, thus subjecting it to the same restrictions as ordinary legislation, preventing Parliament from curtailing fundamental rights. This ruling was revisited in Keshavananda Bharati v. State of Kerala18, where the Supreme Court overruled the decision in Golak Nath. The Court held that while Parliament does have the power to amend any part of the Constitution, including fundamental rights, this power is limited by the basic structure doctrine. The Court introduced the concept of the basic structure, holding that Parliament could not alter the fundamental framework or the basic features of the Constitution.

Thus, while fundamental rights could be amended, any amendment that damaged or destroyed the Constitution's basic structure would be invalid. In the aftermath of the Keshavananda Bharati case, Parliament passed the 42nd Amendment, which sought to give Parliament virtually unlimited power to amend the Constitution by placing amendments beyond judicial review. This amendment was challenged in Minerva Mills

16 AIR 1951 SC 458

17 AIR 1967 SC 1643

18AIR 1973 SC 1461

v. Union of India19, where the Supreme Court struck down parts of the 42nd Amendment. The Court held that the amending power under Article 368 is not absolute and is subject to the basic structure doctrine. Any attempt to curtail judicial review or dilute the essential framework of the Constitution would be unconstitutional. Therefore, while Article 368 allows amendments, it does not empower Parliament to abrogate or destroy the fundamental rights or basic structure of the Constitution.

CHALLENGES AND FUTURE PROSPECTS FOR HUMAN RIGHTS IN INDIA

Though the legal framework of India seems complex and advanced in the protection of human rights, India does face ongoing challenges related to the enforcement and realization of human rights in the current scenario. One of the major issue is caste based discrimination which still continued to be prevalent. According to the National Crime Records Bureau 2021 report, crimes against SC-ST communities have risen between 2020-2021 where SCs it is 1. 2% and STs it is 6. 4%. The SC/ST Prevention of Atrocities Act 2989 even though enforceable, it remains ineffective particularly in around village areas where caste status and hierarchies still prevails.

20 Women in India still faces major challenges of human rights concerns as the National Family Health Survey(NFHS-5)21 make an observation that 305 of the women population of aged 15-49 still experienced physical or sexual violence at some point of their lives. The NCRB in 2019 make a report in regards to sedition laws that more than 1,200 cases were registered between 2016-2019 and in 2020 when the Human Rights Commission while making a report on unlawful Activities prevention Act, it makes an observations that sedition laws are being used to suppress rights under art. 19(1)(a) of the constitution which ensures freedom of expression. Indian government has implemented initiatives to curve and strengthen the human rights in India. For instance, The Supreme Court’s Decision in Justice K. S. Puttaswamy v. Union of India 2017 22ensures right to privacy as a fundamental right under Art.

21 and the court thus issued guidelines to prevent misuse of laws like sedition and UAPA to stifle dissent. The National Human rights Commission In its 2020-2021 Annual report, it mentioned that over

19 AIR 1980 SC 1789

20 National Crime Records Bureau 2021. Crimes in India 2021 statistics

21 National Family Health Survey,2020-21. Ministry of Health and Family welfare.

22 K.S Puttaswamy v. Union of India( 2017) AIR 2017 SC 4161

70,000 cases were being handled acknowledging the judicial delays23 The Ministry of Home Affairs amended the Foreign Contribution Act to ensure transparency in NGO funding24 There are two future prospects that need to be acknowledged, that is • More resources to be allocated to law enforcement agencies and human rights commissions to ensure affectivity to carry out the mandates of human rights,25 • Adoption of technology such as e-courts and online grievance mechanisms to reduce delays in judicial proceedings and enhance transparency in dealing cases26. • Increase Awareness of human rights among citizens through education in curriculums aiming to promote human rights and campaigns led by NGOs for empowerment.27

CONCLUSION

While India made progress in human rights through a constitutional framework in alignment with legal aspects, various human rights issues still remain. Social disparity, gender violence, and violations of fundamental rights such as freedom of expression continue to hinder the utmost realization of the nation’s human rights. The future of human rights in India will depend on the strategies India follows in the coming days by strengthening enforcing mechanisms and leveraging technology for better administrative utilization. With self-reliant dignity that India always affirmed. India can continue on its path to building a better society which serves the interest of the citizens.

23 NHRC Annual Report 2020-2021.National Human Rights Commission.

24 Ministry of Home Affairs, 2021. Amendment to FCRA Act.

25 Law Commission of India, Report no. 273

26 Supreme Court e-committee,2020.E-court Report.

27 Ministry of Education 2020. Report on Human rights Education.