Civil Liberties and Human Rights
Movements
1. Civil Rights
Rights which are considered necessary for civilized existence are called as civil rights e.g. Right to life,
liberty, property, equality before law, right against arbitrary detention etc. are considered civil rights.
Civil rights are based on philosophy of liberalism. The basic purpose of civil rights is to check the
arbitrary exercise of power by the executive and to maintain the rule of law.
1.1 History of Civil Rights Movement in India
Indian freedom struggle was not just a movement for independence, but it was the largest civil rights
movement. Early nationalist’s demands for basic freedoms like, freedom of press, greater
representation in assembly, agitation against Rowlett bill were all examples of civil rights movement.
Pt. Nehru was one of the prominent civil right activist. On 7th Nov 1936, ‘Indian Civil Liberties Union’
was established at the initiation of Pt. Nehru. Rabindranath Tagore was made President and Sarojini
Naidu was made working president.
Pt. Nehru promised that there will no black law in independent India.
1.2 Civil Rights in Constitution of India
Constitution of India is a revolutionary document. It is perhaps the first constitution which
incorporates the spirit of human rights. In India, fundamental rights are available even to non-
citizens. Indian constitution also has a scheme of social and economic rights. It was unfortunate that
the provision related to preventive detention has been incorporated in the constitution, and that too
in part III of it.
Art 22 provides certain protection to the person detained under preventive detention. However,
these protections are just for the namesake. In other countries, preventive detention laws are only
applied in case of emergencies like war, but in India, it can be implemented even during normal
times.
The trend has been, misuse of preventive detention against political opponents to curb political
dissent. India even continued with the colonial law like Sec. 124 dealing with sedition.
Sec. 124 A outlaws any speech, written text, sign, visible representation or otherwise, which aims to
bring hatred, contempt or even attempt to excite disaffection towards govt. established by law in
India.
In above case, the penalty that it is non-bailable, non-compoundable, cognizable offence, which may
result into upto 3 years or life imprisonment, with or without fine.
The government of Pt. Nehru became the 1st govt. to use preventive detention law, which was used
against communist leader like A K Gopalan.
We can commend the government, that under Bharatiya Nyaya Samhita Act 2023, which replaced
Indian Penal Code, there is a clarification provided under Article 152 that deals with sedition. It
reads:
Explanation – Comments expressing disapprobation of the measures, or administrative or other
action of the Government with a view to obtain their alteration by lawful means without exciting or
attempting to excite the activities referred to in this section do not constitute an offence under this
section.
1.3 Emergency and Aftermath
There has been decline in the Rule of Law and the rise of police state in India after independence.
There was a growth of executive high-headedness, corruption.
Towards 1970s, we see the beginning of the new phase of civil rights activism in the country. By this
time the nostalgia of freedom movement was over, economic failure of govt. was on surface. There
was growth in anti-price-rise agitation. Jaiprakash Narayan called for ‘total revolution’. He even called
for armed forces, not to obey the orders of the govt.
Government imposed emergency on the ground of internal disturbance. It called for committed
bureaucracy and committed judiciary. Emergency was darkest hour for India’s democracy. It was trial
period for India’s democratic values.
Fortunately, democracy survived. Not only it survived, emergency has strengthened the democracy
in India. There was proliferation of civil rights organizations like Citizens for Democracy, Association
for Democratic Reforms (ADR), People Union for Civil Liberties etc. led by lawyers like Shanti
Bhushan, who preferred the path of judiciary to ensure the Rule of Law. After emergency, judiciary
also became an active participant in India’s civil rights movements.
2. Human Rights Movements in India
From 1980s, around the world, there has been growth in the consciousness of human rights. In case
of India also, a new phase of activism started in this period.
Civil society working with judiciary has led to the beginning of a new phase of human rights activism.
Activist judges like PN Bhagawati institutionalized PIL (Public Interest Litigation). PIL proved to be a
revolutionary step in providing access to justice to marginalized sections.
Supreme Court, which has been reluctant with respect to Directive Principles, became the champion
of Social and Economic rights. It has given wide and substantive interpretation of right to life, which
includes rights like right to education, health, clean environment, safe drinking water, and right to
life, for not just animal existence but to live with dignity.
Globalization has increased the number of advocacy groups in India. It has resulted in various
international NGOs like Amnesty International, opening their offices in India and have actively
participated in Human Rights movement. UNHRC conducts Universal Periodic Review (UPR) of
member countries. Up till now, there have been 3 UPRs of India. (2008, 2012, 2017).
The government of India have also established institutional mechanisms like NHRC, Right to
Information etc. However, GOI has not been able to meet targets it had taken up after 1st Universal
Periodic Review (UPR)
2.1 Prominent Human Rights Concerns in India
1. Large number of undertrials
2. Poor situation in prisons
3. Human Rights violation by members of armed forces in insurgency affected areas. (And their
protection under AFSPA – Armed Forces Special Powers Act)
4. Extremely slow judicial system
5. Misuse of preventive detention laws against political opponents
6. Caste and religion-based violence and exclusion
7. Negative sex ratio
8. Hunger
Above analysis shows that human right activism in India has not resulted into any qualitative
improvement. India’s commitment towards protection of human rights is more of a rhetoric than
reality.
2.2 Weaknesses of Human Rights Movements.
According to Upendra Bakshi, there is no human rights movement in India. What we find is not
human right movement but human right industries. Advocacy groups, employee management
graduates rather than social activists. These organizations act with corporate approach rather than
attitude of social service. They lack legitimacy in the country because their approach has been
biased. They have raised human rights issues by member of armed forces but hardly talk about
human right violation by militant organizations of innocent civilians or killing members of armed
forces, paramilitary forces by militant groups.
According to human right activist Nandita Haksar, human rights movement in India has to work
within defined limits. Indian state does not tolerate any activism going beyond the pertinent of
national discourse. Whenever govt. adopts ‘zero tolerance’ towards terrorists, it ends in zero
tolerance towards human rights.
It is to be noted that so long India will continue to suffer threats to territorial integrity, there will
always be a justification for the laws like AFSPA. However, to enhance the credibility of India, it is
necessary that govt. brings reforms in NHRC, give greater powers it with respect to violation of
human rights even by members of armed forces.
Government has to ensure discipline among enforcement agencies. There is also an urgent need for
police reforms, prison reforms, judicial reforms, criminal justice system reform etc.
Discuss the challenges in balancing human rights and civil liberties with the need for internal
security in India.
Approach
Candidates can start the answer with giving basic idea about Indian situation with related to internal
security and human rights, civil liberties. Then explain the multifaceted challenges in balancing both
wrt to Indian diversity and complexity.
Introduction
India has a diverse population and a complex security environment, including insurgencies,
terrorism, and communal violence. While ensuring internal security is essential to safeguard citizens,
protect the territorial integrity of the country, and maintain public order, this cannot be done at the
cost of human rights and civil liberties.
Body
The challenges in balancing human rights and civil liberties with the need for internal security in
India are multifaceted and complex. Some of the key challenges include:
• Misuse of security laws: The government has been accused of misusing security laws to
suppress political dissent, intimidate journalists, activists, and civil society organizations. This
has resulted in arbitrary detention, torture, and extrajudicial killings, which have raised
concerns about the impact of such measures on civil liberties and human rights.
• Communal violence: India has a history of communal violence, which often stems from
tensions related to religious, ethnic, or linguistic differences. Balancing public safety and
protecting the rights of individuals and communities is a challenging task, particularly when
government policies and actions favor one community over another.
• Independence of the judiciary: The independence of the judiciary is essential to ensuring
that government actions are consistent with the rule of law and respect the rights of citizens.
However, there have been concerns about the independence of the judiciary in India,
particularly in cases related to internal security and communal violence.
• Transparency and accountability: The lack of transparency and accountability in government
actions related to internal security and communal violence is a significant challenge. This can
make it difficult for citizens to hold the government accountable for any abuses of power or
violations of rights.
• Weak institutions: Weak institutions, including law enforcement agencies and the judiciary,
can limit the government’s ability to balance internal security and human rights.
Strengthening institutions is essential to ensuring that government actions are consistent
with the rule of law and respect the rights of citizens.
• Major challenge is the misuse of anti-terrorism and security laws by authorities to suppress
political dissent, intimidate journalists, activists, and civil society organizations. There have
been instances of extrajudicial killings, arbitrary detention, and torture in the name of
internal security. This has raised concerns about the impact of such measures on civil
liberties and human rights.
• Another challenge is the persistence of communal violence, which has a long history in India.
Riots and inter-religious conflicts have led to a loss of lives, damage to property, and
displacement of communities.
• These incidents often stem from tensions related to religious, ethnic, or linguistic differences.
Addressing such violence requires a delicate balance between ensuring public safety and
protecting the rights of individuals and communities.
• The Indian government has taken measures to address these challenges, such as enacting
laws to protect the rights of marginalized communities, strengthening the independence of
the judiciary, and investing in community policing.
Conclusion
However, there is still much work to be done to ensure that internal security measures are consistent
with human rights and civil liberties. This requires strong institutions, transparency, and
accountability mechanisms, and a commitment to upholding the rule of law.
4] Examine the nature of the civil liberty movement in India. [2020/15m/200w/8c]
Rights that are considered necessary for civilised existence are called “civil rights.” Its basic purpose is
to check the arbitrary exercise of power by the executive.
In India, the freedom struggle was the first civil rights movement. The Indian Constitution, too,
incorporates the spirit of human rights. Some of the fundamental rights are available to non-citizens
also and the constitution also has a scheme of social and economic rights.
Unfortunately, post-independence, we see the growth of executive highheadedness and corruption.
One of the chief area of debate against civil liberty, preventive detention, has remained part of the
constitution and has been misused time and again.
Towards the 1970s, in light of the curb on civil liberties, a new phase of civil rights activism began in
the country. This time, the excuse was the economic failure of the government. The government
declared an emergency on the grounds of internal disturbance, marking the darkest phase of Indian
democracy.
Fortunately, democracy survived and has strengthened since then. There has been a proliferation of
civil rights organizations. The judiciary, too, has become an active participant in India’s civil rights
movements.
The ambit of civil rights is much more than what it was at independence. With increasing awareness,
education and globalization, the movement has strengthened. This has contributed to the stability of
democracy in present times. [221 words]
Dr. Ambedkar’s clarion call, “Educate, Agitate and Organize”, strategizes the Dalit movement towards
achieving civil liberty. Discuss. [2023/15m/200w/7c]
Dr. B. R. Ambedkar’s clarion call to “Educate, Agitate, and Organize” underscores the importance of
education, mobilization, and organized collective action as key components of the Dalit movement.
Education has been the cornerstone of the Dalit movement. Dr. Ambedkar recognized the power of
education in emancipating individuals and communities from the shackles of caste-based
discrimination and inequality. Education not only imparts knowledge and skills but also builds self-
esteem and confidence among Dalits.
Through education, Dalit leaders and intellectuals have emerged who have played a significant role in
advocating for the rights and dignity of their community. These leaders have been instrumental in
shaping the Dalit movement and representing their concerns in various forums.
In addition, agitation and mobilization create pressure on the government and the legal system to
enact and enforce anti-discrimination laws. Movements like the Dalit Panthers and various other
Dalit rights organizations have used agitations to demand equal civil liberties.
Organizing is about bringing Dalit communities together to address common issues and concerns.
Through community-based organizations and networks, Dalits can collectively advocate for their
rights and well-being. Organized Dalit groups have sought political representation at various levels of
government. The formation of Dalit political parties and alliances has been a significant part of the
organizing process, aiming to increase the political voice and representation of Dalits.
It’s important to note that this strategy is ongoing, as the struggle for civil liberties and social justice
is far from over. The Dalit movement continues to evolve and adapt to new challenges, but the
principles of education, agitation, and organization remain at its core. [263 words]
Backward Classes and Dalit Movements in India
The Backward Class Movement traces its origins to the early 20th century when communities
perceived as socially and economically disadvantaged began to organize for their rights. Leaders such
as B.R. Ambedkar, Periyar, and Jyotirao Phule played pivotal roles in highlighting the need for
affirmative action to uplift these classes. The movement sought not only political representation but
also socio-economic empowerment for the historically marginalized.
The Dalit movements, born out of centuries of untouchability and discrimination, gained momentum
in response to social injustice. Pioneered by leaders like Jyotirao Phule and later championed by Dr.
B.R. Ambedkar, these movements aimed to annihilate caste-based prejudices and secure social
justice for Dalits. The struggle extended beyond legal reforms, encompassing a quest for dignity, self-
respect, and economic independence.
Caste Movement in India: An Interplay of Identities
The Backward Class movement is not a monolithic entity; it encompasses a diverse array of
communities, each facing unique challenges. Understanding the intersectionality within this
movement is crucial for appreciating the multifaceted nature of their struggles. Different regions,
religions, and cultural nuances contribute to the complexity of their experiences, shaping the
movement in varied ways.
The anti-caste movements that arose alongside these struggles aimed at dismantling the rigid caste
system. These movements not only advocated for the rights of the oppressed but also challenged the
deeply ingrained hierarchical structure of Indian society. The fight against caste discrimination
expanded to encompass broader societal reforms, challenging age-old norms and advocating for the
dignity of every individual.
Adi Dharma Movement: A Quest for Spiritual Liberation
The Adi Dharma movement, initiated by the followers of Babasaheb Ambedkar, sought to redefine
the spiritual narrative for Dalits. It aimed at breaking away from traditional Hinduism, providing a
space where Dalits could practice their faith without the burden of caste-based discrimination. The
movement underscored the significance of spiritual liberation as an integral part of the broader
struggle for equality.
Impact and Challenges
The Backward Classes and Dalit movements have significantly influenced the social and political
landscape of India. From reservations in educational institutions to political representation, their
impact resonates across various spheres. The inclusion of these communities in decision-making
processes has diversified perspectives and enriched the democratic fabric of the nation. However,
the transformative impact is an ongoing process, requiring sustained efforts for comprehensive
societal change.
Despite the considerable strides made, challenges persist. Discrimination, economic disparities, and
social prejudices continue to be hurdles in the path of true equality. Addressing these issues remains
a pressing concern for the sustained progress of these movements. The battle is not just against
systemic injustices but also against ingrained societal attitudes that perpetuate discrimination. As
these movements adapt to contemporary challenges, new strategies are essential to overcome
deeply entrenched prejudices.
Ongoing Struggles and Future Prospects
As society evolves, so do the strategies of these movements. Advocates are employing new-age tools
such as social media to amplify their voices, mobilize communities, and garner support for their
causes. The digital age has brought unprecedented connectivity, enabling a broader dissemination of
the narratives of struggle and triumph. This evolution highlights the adaptability and resilience of
these movements in the face of changing societal dynamics.
In recent years, there has been an increasing emphasis on collaborative initiatives that bridge gaps
between various marginalized communities. Unity in diversity becomes a powerful force against
deeply entrenched caste-based divisions. Collaborative efforts facilitate the sharing of experiences,
resources, and knowledge, fostering a collective push towards a more inclusive society.
Conclusion
In conclusion, the Backward Classes and Dalit movements in India have been instrumental in
reshaping the discourse around caste and social justice. These movements, rooted in a quest for
equality, have left an indelible mark on the nation's history. As India continues its journey towards a
more inclusive society, acknowledging and understanding these movements becomes imperative.
EXAMPLES
1)The Koodankulam Anti-Nuclear Movement (2011)in Tamil Nadu, India, is a significant
grassroots resistance against the establishment of a nuclear power plant in the village of
Koodankulam. The movement emerged from concerns about industrial safety, displacement, and
environmental hazards, influenced by earlier movements like the Chipko Movement, Bhopal Gas
Tragedy, and Narmada Bachao Andolan.
The Koodankulam plant's origins date back to a 1988 agreement between India and the Soviet
Union, which faced opposition from various groups including farmers, fishermen, intellectuals, and
scientists. The movement gained momentum when the People's Movement Against Nuclear Energy
(PMANE) was formed, focusing on issues like radiation risks, displacement, and the threat to local
livelihoods, particularly from fishing.
Despite government assurances and allocated funds for rehabilitation, public distrust and protests
persisted, highlighting the gap between governmental promises and their execution. The movement
underscores the ongoing struggle between development projects and the rights and safety of local
communities.
2)India against corruption, led by Anna Hazare
Anti-corruption struggles were initiated in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005, and
2008. But none could make a dent in changing the policies surrounding the implementation of strict
anti-corruption measures.
Anna Hazare’s call for the Lokpal bill and his anti-corruption movement was a bright star against the
rising tide of corruption.
Here is a brief timeline of the movement.
• Anna Hazare’s anti-corruption movement started in April 2011.
• Hazare started the hunger strike on 5 April, which drew support and protesters taking to the
streets.
• Anna’s movement was named the Jan Lokpal Andolan.
• After 12 days of hunger strike, the government agreed to compose the Lokpal bill.
• Hazare was still unhappy with the government’s decision and announced his decision to
begin another fast on 16 August.
• When Anna refused to stop his strike, he was arrested. Afterwards, the team behind Anna
Hazare split due to internal differences.
3)Transgender Rights Movement
• Overview: The transgender community in India has been fighting for recognition and rights
for decades. In 2014, the Supreme Court of India recognized transgender people as a third
gender and granted them rights to self-identification.
• Recent Developments: The passing of the Transgender Persons (Protection of Rights) Act in
2019 was a significant moment, though it faced criticism from activists for not adequately
addressing the needs and rights of the community. The movement for transgender rights
continues to push for better legal protections, healthcare, and social acceptance.
4. Citizenship Amendment Act (CAA) Protests (2019-2020)
• Overview: The CAA, passed in December 2019, aimed to provide citizenship to non-Muslim
refugees from neighboring countries like Pakistan, Bangladesh, and Afghanistan. Critics
argued that the law was discriminatory against Muslims and undermined the secular nature
of the Indian Constitution.
• Protests: Widespread protests erupted across the country, with the largest demonstrations
taking place in Delhi, Assam, and Uttar Pradesh. The movement saw significant participation
from students, activists, and civil society groups, leading to a national debate on citizenship
and religious discrimination.
5. Farmers' Protests (2020-2021)
• Overview: Farmers, particularly from Punjab, Haryana, and Uttar Pradesh, protested against
three agricultural laws passed by the central government in September 2020. The farmers
feared that these laws would lead to the corporatization of agriculture and threaten their
livelihoods.
• Protests: The protests included a massive sit-in on the borders of Delhi, which lasted for over
a year. The movement was marked by widespread support, both domestically and
internationally, and eventually led to the repeal of the controversial laws in November 2021.
6. Jallikattu Protests (2017)
• Overview: Jallikattu, a traditional bull-taming sport in Tamil Nadu, was banned by the
Supreme Court of India in 2014 citing animal cruelty. However, this led to widespread
discontent among the people of Tamil Nadu, who viewed the ban as an attack on their
cultural identity.
• Protests: In January 2017, massive protests erupted across Tamil Nadu, particularly in
Chennai's Marina Beach, demanding the lifting of the ban. The protests were largely peaceful
and involved students, professionals, and the general public. Eventually, the state
government passed an ordinance allowing the sport to continue.
