Human Rights in India: Evolution,
Protection and Challenges
Acknowledgement
I take this opportunity to express my sincere gratitude to all those who have contributed to
the completion of this dissertation on 'Human Rights in India: Evolution, Protection, and
Challenges.' I am deeply thankful to my teachers and mentors for guiding me with valuable
insights and encouragement throughout the research and writing process. I also
acknowledge the role of various books, journals, reports, and online resources that helped
me shape this work. Lastly, I thank my family and friends for their constant support.
Abstract
This dissertation explores the historical evolution, constitutional safeguards, protection
mechanisms, international commitments, and contemporary challenges of human rights in
India. It highlights how ancient traditions, colonial experiences, and the freedom struggle
shaped the framework of rights enshrined in the Indian Constitution. The study also
discusses the role of the judiciary, legislature, civil society, and statutory bodies in
safeguarding rights. Despite significant progress, challenges such as poverty, gender
discrimination, custodial violence, restrictions on free speech, and digital privacy concerns
persist. Through analysis of landmark cases and international commitments, this work aims
to provide a comprehensive understanding of human rights in India and suggests ways
forward for strengthening their protection.
Chapter 1: Introduction
Human rights are the fundamental rights and freedoms that belong to every person in the
world, from birth until death. These rights apply regardless of where one is from, what one
believes, or how one chooses to live. In the Indian context, human rights have always been
closely tied to the principles of justice, equality, and liberty. This chapter introduces the
concept of human rights, its global development through documents like the Universal
Declaration of Human Rights (1948), and its relevance for India, a country marked by
cultural diversity, socio-economic challenges, and democratic aspirations.
Human rights in India have evolved from ancient traditions of morality and dharma to
modern constitutional guarantees. The introduction sets the stage for an exploration of how
India has sought to protect these rights and the persistent challenges that remain.
Chapter 2: Evolution of Human Rights in India
The history of human rights in India can be traced back to ancient civilization. Texts such as
the Vedas and Upanishads emphasized human dignity, equality, and duties. Emperor
Ashoka’s edicts promoted non-violence, tolerance, and welfare measures for subjects.
During the medieval period, the Bhakti and Sufi movements challenged caste and gender
inequalities and called for spiritual equality.
Under colonial rule, human rights were systematically suppressed, as exploitation, forced
labor, and economic deprivation were widespread. The nationalist movement placed
human rights at its core. Documents like the 1931 Karachi Resolution of the Indian National
Congress demanded fundamental rights such as freedom of speech, equality before law, and
protection from exploitation. Leaders like Mahatma Gandhi, Jawaharlal Nehru, and B.R.
Ambedkar championed the cause of liberty and justice.
The Constituent Assembly debates (1946–49) gave birth to the Constitution of India, a
charter of rights combining justiciable Fundamental Rights and non-justiciable Directive
Principles of State Policy. This marked the institutionalization of human rights in
independent India.
Chapter 3: Constitutional Safeguards and Legal Framework
The Indian Constitution is the cornerstone of human rights protection in India. Part III
guarantees Fundamental Rights such as the Right to Equality (Articles 14–18), Right to
Freedom (Articles 19–22), Right against Exploitation (Articles 23–24), Right to Freedom of
Religion (Articles 25–28), Cultural and Educational Rights (Articles 29–30), and the Right to
Constitutional Remedies (Article 32).
Directive Principles of State Policy (Part IV) direct the state to ensure social and economic
justice, adequate livelihood, and equal pay for equal work. Although non-justiciable, these
principles serve as guidelines for governance.
The Constitution also imposes Fundamental Duties (Article 51A) on citizens, balancing
rights with responsibilities. Landmark amendments such as the 42nd Amendment (1976)
and judicial interpretations have further enriched the rights discourse.
Chapter 4: Protection Mechanisms
Protection of human rights in India involves multiple institutions. The judiciary plays a
central role, particularly through Public Interest Litigations (PILs) and judicial activism.
Landmark cases such as Maneka Gandhi v. Union of India (1978) expanded the meaning of
the right to life and liberty under Article 21.
The legislature has enacted laws like the Protection of Human Rights Act (1993), Protection
of Women from Domestic Violence Act (2005), and Right to Information Act (2005). The
National Human Rights Commission (NHRC) and State Human Rights Commissions serve as
watchdogs. Civil society organizations and the media also play crucial roles in highlighting
violations and advocating for reforms.
Chapter 5: International Dimension
India has actively engaged with international human rights instruments. It was a signatory
to the Universal Declaration of Human Rights in 1948 and has ratified covenants such as the
International Covenant on Civil and Political Rights (ICCPR) and the International Covenant
on Economic, Social and Cultural Rights (ICESCR). India is also a member of the UN Human
Rights Council.
While India upholds its global commitments, international organizations have criticized it
for issues such as restrictions on freedom of speech, treatment of minorities, and custodial
violence. Nonetheless, India continues to balance its international obligations with its
domestic priorities of security and development.
Chapter 6: Contemporary Challenges to Human Rights in India
Despite constitutional guarantees, India faces numerous human rights challenges. Poverty
and inequality deny large sections access to basic rights such as food, shelter, and
healthcare. Gender-based violence, discrimination, and unequal access to education and
employment remain pressing concerns.
Minorities and marginalized groups, including Dalits, Adivasis, and LGBTQ+ individuals,
often face exclusion and violence. Custodial deaths, encounter killings, and police brutality
highlight weaknesses in accountability. Freedom of expression is frequently challenged
through sedition laws, internet shutdowns, and censorship.
Emerging issues include environmental displacement, where large infrastructure projects
displace communities without adequate rehabilitation, and digital rights, as surveillance
technologies threaten privacy and freedom online.
Chapter 7: Case Studies
Several landmark Supreme Court judgments have shaped human rights jurisprudence in
India:
- Kesavananda Bharati v. State of Kerala (1973): Established the Basic Structure doctrine,
safeguarding democracy.
- Maneka Gandhi v. Union of India (1978): Expanded Article 21 to include procedural
fairness.
- Vishakha v. State of Rajasthan (1997): Laid down guidelines against sexual harassment at
the workplace.
- Justice K.S. Puttaswamy v. Union of India (2017): Recognized the Right to Privacy as part
of Article 21.
- Navtej Singh Johar v. Union of India (2018): Decriminalized homosexuality, affirming
LGBTQ+ rights.
These cases highlight the judiciary’s role in interpreting rights progressively.
Chapter 8: The Way Forward
To strengthen human rights in India, several steps are necessary. Institutions such as the
NHRC need greater independence and enforcement powers. Police reforms and
accountability mechanisms must be prioritized to reduce custodial violence. Education and
awareness campaigns can foster a culture of rights and duties among citizens.
Balancing rights with responsibilities is crucial, as citizens must also respect the freedoms
of others. Technology should be harnessed to promote transparency rather than
surveillance. Greater collaboration with international human rights bodies and adherence
to global norms can enhance India’s reputation as a democracy committed to justice and
equality.
Chapter 9: Conclusion
Human rights in India have evolved through centuries of philosophical, social, and political
developments. The Constitution provides a comprehensive framework of rights, while the
judiciary, legislature, and civil society work to protect them. However, the persistence of
poverty, inequality, gender violence, and state excesses reveals that much work remains to
be done.
Strengthening institutions, increasing public awareness, and balancing rights with duties
will be crucial in the years to come. As India navigates the challenges of the 21st century,
human rights must remain at the center of its democratic ethos and governance.
Bibliography
1. Basu, D.D. *Introduction to the Constitution of India.*
2. Pandey, J.N. *Constitutional Law of India.*
3. Austin, Granville. *The Indian Constitution: Cornerstone of a Nation.*
4. National Human Rights Commission of India - Official Reports.
5. United Nations Human Rights Council documents.
6. Supreme Court Cases (Maneka Gandhi, Kesavananda Bharati, Vishakha, Puttaswamy,
Navtej Johar).
