Human Rights, Health, and Education
in India: A Comprehensive Overview
I. Introduction: The Interconnected Pillars of Human
Development
Human rights, health, and education are fundamental pillars of societal well-being and
economic progress. In India, a nation characterized by its vast diversity and rapid
development, the interplay of these three domains is particularly complex and critical. This
report delves into the foundational aspects of human rights as enshrined in international and
national frameworks, examines the multifaceted landscape of health services, and explores
the dynamic evolution of the education system. For aspiring entrepreneurs, understanding
these areas is not merely an academic exercise; it is essential for identifying societal needs,
navigating regulatory environments, and building ventures that contribute meaningfully to
inclusive growth and social progress.
II. Human Rights: Foundations, Violations, and
Redressal Mechanisms
Human rights are inherent entitlements that belong to every individual, regardless of their
background. India, as a signatory to key international human rights instruments, has a
constitutional and legal framework designed to protect these rights, particularly for its most
vulnerable populations.
A. The Universal Declaration of Human Rights (UDHR) and India's
Role
The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General
Assembly in Paris on December 10, 1948, stands as a landmark document in the history of
human rights. It was the first time countries globally agreed upon a comprehensive set of
fundamental human rights to be universally protected, serving as a "global road map for
freedom and equality". Comprising 30 articles, the UDHR outlines a wide array of civil,
political, economic, social, and cultural rights, including the right to life, liberty, and security of
person; freedom from slavery and torture; the right to recognition before the law and equal
protection; freedom of opinion and expression; the right to education; and the right to an
adequate standard of living, including health and housing. The Declaration has been
translated into over 500 languages, underscoring its universal relevance.
India played a significant role in the drafting and adoption of the UDHR. It was one of the 48
countries that voted in favour of the Declaration. Notably, India's Hansa Mehta, a staunch
feminist and social worker, was a member of the drafting committee and was instrumental in
changing the original phrase "all men are created equal" to "all human beings are created
equal," reflecting a commitment to gender equality from the outset. India had previously
signed the United Nations Charter on June 26, 1945, affirming its adherence to the principles
and purposes of the UN, including the promotion of social progress and better standards of
life in larger freedom.
B. Human Rights Violations and Redressal for Vulnerable Groups
Despite a robust constitutional and legal framework, vulnerable groups in India continue to
face human rights violations. The Indian government, supported by a rights-oriented
constitutional framework, an independent judiciary, and various national and state-level
commissions, continues its efforts to fulfill its human rights commitments, recognizing the
universality and interrelatedness of all human rights.
1. Women
Violations: Women in India face various forms of human rights violations, including
objectification in media, which often depicts them as sexual objects and commodities. This
has been linked to an increase in crimes against women, such as sexual harassment,
voyeurism, and stalking. Domestic violence, encompassing physical and economic abuse,
deprivation of resources, and alienation of property, remains a significant concern.
Legal Framework and Redressal: India has several legal provisions and mechanisms for
the redressal of women's rights violations:
● The Indecent Representation of Women (Prohibition) Act: This act prohibits the
indecent representation of women in advertisements, publications, and other forms.
An amendment bill was introduced in 2012 to expand its scope to audio-visual, digital,
and electronic media.
● IT Rules: These rules regulate digital media platforms, including social media,
prohibiting content that is invasive of privacy, insulting, or harassing based on gender.
A three-tier self-regulation mechanism is established for digital publishers.
● Protection of Women from Domestic Violence Act, 2005: This act provides for
protection orders, monetary relief, and custody orders for victims of domestic violence.
● National Commission for Women (NCW): The NCW is a statutory body that strives
to enable women to achieve equality and equal participation. It formulates policies,
recommends legislative measures, and provides a complaint redressal mechanism,
including online registration, investigation cells, and an anti-human trafficking cell.
2. Children
Violations: Children are particularly vulnerable to exploitation and abuse. This includes child
labor, trafficking for begging and prostitution, forced bonded labor, and being compelled by
economic necessity into occupations unsuited to their age or strength. Child marriage also
persists. In educational settings, children may face discrimination, violence, or exploitation.
Legal Framework and Redressal: India has recognized persons below 18 years as distinct
legal entities.
● UN Convention on the Rights of the Child (CRC): India ratified the CRC in 1992,
leading to changes in its juvenile justice laws to ensure care and protection for all
persons under 18.
● Constitution of India: The Constitution guarantees several rights to children,
including the Right to free and compulsory elementary education (Article 21A),
protection from hazardous employment (Article 24), protection from abuse and
economic necessity (Article 39e), equal opportunities (Article 39f), protection from
trafficking and bonded labor (Article 23), and special provisions for women and
children (Article 15(3)).
3. Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes
(OBC)
Violations: These communities have historically been vulnerable to exclusion,
marginalization, and human rights violations due to historical factors and existing social
structures. They face atrocities and hate crimes, as well as discrimination based on caste.
Legal Framework and Redressal:
● The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989 (SC/ST Act): This act was enacted to prevent atrocities and hate crimes against
SCs and STs. It has been comprehensively amended multiple times to strengthen its
provisions. Its roots lie in Articles 15 (prohibiting discrimination based on caste) and 17
(abolishing untouchability) of the Indian Constitution.
● Protection of Civil Rights Act (PCRA) 1976: This act, an amendment of the
Untouchability (Offences) Act, 1955, was a significant step towards protecting civil
rights.
● Affirmative Measures: India prioritizes protective and affirmative measures for these
groups, including schemes like the Stand-Up India Scheme (2016) which facilitates
bank loans to SC/ST entrepreneurs, promoting inclusive growth.
4. Elderly Population
Violations: India's rapidly growing elderly population faces increasing vulnerability to neglect
and abuse, primarily from family members, with nearly 1 in 2 elderly individuals reportedly
experiencing abuse. This vulnerability is exacerbated by modernization, migration, and the
erosion of traditional caregiving systems due to the rise of nuclear families.
Legal Framework and Redressal:
● Maintenance and Welfare of Parents and Senior Citizens Act (2007): This is a
landmark act designed to protect aged parents and senior citizens. However, scholars
have criticized its weak enforcement and limited awareness.
● Age-Inclusive Policies: Research by the UN and WHO consistently emphasizes the
need for age-inclusive policies to address the challenges faced by the elderly.
