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Human Rights -Meaning of :-

Human rights, means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by Courts in India.

History of Human Rights in India

In its report on human rights in India during 2010, Human Rights Watch stated India had “significant human rights problems”. They identified lack of accountability for security forces and impunity for abusive policing including “police brutality, extrajudicial killings, and torture” as major problems. An independent United Nations expert in 2011 expressed concern that she found human rights workers and their families who “have been killed, tortured, ill-treated, disappeared, threatened, arbitrarily arrested and detained, falsely charged and under surveillance because of their legitimate work in upholding human rights and fundamental freedoms.

 

Chronology of events regarding human rights in India

  • 1829 – The practice of sati was formally abolished by Governor General William Bentick after years of campaigning by Hindu reform movements such as the Brahmo Samaj of Ram Mohan Roy against this orthodox Hindu funeral custom of self-immolation of widows after the death of their husbands.
  • 1929 – Child Marriage Restraint Act, prohibiting marriage of minors under 14 years of age is passed.
  • 1947 – India achieves political independence from the British Raj.
  • 1950 – The Constitution of India establishes a sovereign democratic republic with universal adult franchise. Part 3 of the Constitution contains a Bill of Fundamental Rights enforceable by the Supreme Court and the High Courts. It also provides for reservations for previously disadvantaged sections in education, employment and political representation.
  • 1952 – Criminal Tribes Acts repealed by government, former “criminal tribes” categorized as “denotified” and Habitual Offenders Act (1952) enacted.
  • 1955 – Reform of family law concerning Hindus gives more rights to Hindu women.
  • 1958 -Armed Forces (Special Powers) Act, 1958-[3]
  • 1973 – Supreme Court of India rules in Kesavananda Bharati case that the basic structure of the Constitution (including many fundamental rights) is unalterable by a constitutional amendment.
  • 1975–77 – State of Emergency in India – extensive rights violations take place.
  • 1978 – SC rules in Menaka Gandhi v. Union of India that the right to life under Article 21 of the Constitution cannot be suspended even in an emergency.
  • 1978-Jammu and Kashmir Public Safety Act, 1978 [4][5]
  • 1984 – Operation Blue Star and the subsequent 1984 Anti-Sikh riots
  • 1985-6 – The Shah Bano case, where the Supreme Court recognised the Muslim woman’s right to maintenance upon divorce, sparks protests from Muslim clergy. To nullify the decision of the Supreme Court, the Rajiv Gandhi government enacted The Muslim Women (Protection of Rights on Divorce) Act 1986
  • 1987 – Hashimpura massacre during communal riots in Meerut.
  • 1989 – Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is passed.
  • 1989–present – Kashmiri insurgency sees ethnic cleansing of Kashmiri Pandits, desecrating Hindu temples, killing of Hindus and Sikhs, and abductions of foreign tourists and government functionaries.
  • 1992 – A constitutional amendment establishes Local Self-Government (Panchayati Raj) as a third tier of governance at the village level, with one-third of the seats reserved for women. Reservations were provided for scheduled castes and tribes as well.
  • 1992 – Babri Masjid demolished by Hindu mobs, resulting in riots across the country.
  • 1993 – National Human Rights Commission is established under the Protection of Human Rights Act.
  • 2001 – Supreme Court passes extensive orders to implement the right to food.[6]
  • 2002 – Violence in Gujarat, chiefly targeting its Muslim minority, claims many lives.
  • 2005 – A powerful Right to Information Act is passed to give citizen’s access to information held by public authorities.[7]
  • 2005 – National Rural Employment Guarantee Act (NREGA) guarantees universal right to employment.
  • 2006 – Supreme Court orders police reforms in response to the poor human rights record of Indian police.[8]
  • 2009 – Delhi High Court delcares that Section 377 of the Indian Penal Code, which outlaws a range of unspecified “unnatural” sex acts, is unconstitutional when applied to homosexual acts between private consenting individuals, effectively decriminalising homosexual relationships in India.

N.H.R.S.A Introduction