HUMAN RIGHTS VIOLATION IN INDIA

[Special lecture delivered at National E-Conference on Human Rights Issues, Social Problems and Changes in 21st Century on 26th and 27th June 2021, organized by the Department of
Sociology, Ranchi University] ].

Anirban Banerjee,
Professor of Sociology,
The University of Burdwan
P.O.Rajbati,
Burdwan 713104, West Bengal
 Banerjee: Human Rights Violations in India p.1
WHAT ARE HUMAN RIGHTS?

 Human rights are rights which human beings naturally acquire

since birth . The Universal Declaration of Human Rights (1948)
proclaimed: "All human beings are born free and equal in dignity
and rights. They are endowed with reason and conscience and
should act towards one another in a spirit of brotherhood." (Article
1)

 10TH DECEMBER IS OBSERVED EVERY YEAR AS HUMAN RIGHTS DAY

TO COMMEMORATE THE ADOPTION OF UNIVERSAL DECLARATION
OF HUMAN RIGHTS BY THE GENERAL ASSEMBLY OF THE UNITED
NATIONS .

 Definition of Human rights

 "Human rights are norms that aspire to protect all people
everywhere from severe political, legal, and social abuses” ( James
Nickel)
 Banerjee: Human Rights Violations in India p.2
UNIVERSAL DECLARATION OF HUMAN RIGHTS

• The Universal Declaration of Human

Rights (1948) proclaimed by United
Nations has incorporated a list of
thirty human rights, like Right to Life,
Liberty and Security of Person (Article
3) , Freedom from arbitrary arrest and
detention (Article 9), Right to Freedom
of Speech and Expression (Article 19),
Right to a Nationality (Article 15) ,
Right to Marry (Article 16) , etc.
 Banerjee:Human Rights Violations in India p.3
RIGHTS & DUTIES

Rights , however, go with duties. If I

have the right to walk on the
pavement without hindrance , it is
the duty of other people to give me
reasonable room. But very often we
see that we cannot freely exercise
our rights.
Banerjee:Human Rights Violations in India p.4

Here is an example.

I had gone to Corvinus

University, Budapest, Hungary
to participate in the Indo-
Hungarian Educational
Exchange Programme in 2011.

I found that the people of

Budapest could freely walk on
the pavement or zip past in
human transporters .
 Banerjee: Human Rights Violations in India p.5
DENIAL OF RIGHT TO WALK ON PAVEMENT UNHINDERED

But the pavements of

Kolkata have been taken
over by hawkers.
Walking on this pavement
would require some
acrobatics.
Pedestrians have lost their
right to walk freely on
pavements.
This is a picture of Park
Street .
Other areas, like Gariahat or
Hatibagan have the same
problem.
Banerjee: Human Rights Violations in India p.6
All civilized countries have their
Bill of Rights.
Pictured here are (from Left to right:
American Bill of Rights,
French Bill of Rights and
Fundamental Rights (India)

(India)
 B a n e rje e : Hu m a n Rig h ts V io la tio n s in In d ia p . 7
HUM A N R IGHT S V IOL A T IONS
E XA M P L E 1 .
GE OR GE F LOY D’ S M U RDE R BY A P OL IC E M A N( U S A )
T h is v io la te d Ge o r g e ’ s r ig h t to L if e ( A rt . 3 )
u n d e r th e Un iv e rsa l De cla ra tio n o f Hu m a n r ig h ts

Plate 1 George_Floyd_neck_knelt_on_by_police_officer

George_Floyd_neck_knelt_on_by_police_officer
 Banerjee: Human Rights Violations in India p.8
THE NEW MILITARY JUNTA IN MYANMAR HAS KILLED
138 UNARMED PROTESTERS SINCE 1ST FEBRUARY,2021.
Article 3 of Declaration of Human rights is flouted at will.

Plate 2. Military fires at protesters

 Banerjee: Human Rights Violations in India p.9

HUMAN RIGHTS : LITERATURE REVIEW

TABLE NO.1.LITERATURE REVIEW

TYPE AUTHOR/S MAIN STUDIES / CONCLUSIONS

1) Conceptual and Theoretical a) Somers and Roberts(2008) a)Argued in favour of a

Studies Sociology of human rights.

b) Mc Cormic and Mitchell(1997) b) They developed a Master

concept : repression of human
rights
2) Human rights violations of a) Drew et.al (2011) a) Human rights violations of
people with Disabilities and people with mental disabilities
diseases b) Schizhophrenics suffer human
b) Paul(2018) rights violations
3) Human rights violations and a) Sarin et .al(2011) a) human rights problems faced
Marginalized people b) Venkatesan, (2010) by intravenous drug users.
Banerjee(2020) b) Studied human rights
violations of hijras and other
c) Saxena(2020) queer groups
c) Studied human rights
violations of undertrial
prisoners.
4) Violation of Children's rights 4) Balakrishnan,(2020) Haldar and 4) Violation of childrens rights
Jaishankar , (2010) Mercier (2006) including orphans, child marriage ,
etc.
5) Human Rights Education 5) Bajaj(2011, 2012) 5) Bajaj studied the role of
teachers and institutions in human
rights education.
 Banerjee: Human Rights Violations in India p.10

Methodology:Marxian dialectics
 In his ‘Afterword’ to 2nd German Edition of Capital,Marx
distinguished between the method of enquiry and the method of
presentation .
 The method of enquiry is the appropriation of the matter in detail
and tracing its inner connections
 The method of presentation must be such that it will be a mirror
reflection of the life of the subject.
 My method of enquiry :I first divided human rights violations into
four categories: 1) violation of right to life and liberty, 2)
violation of right to nationality , 3) violation of right to marriage4)
violation of the right to freedom of speech and expression .On
the basis of this classification I have collected materials from the
Internet Method of presentation : Qualitative case studies .
Narratives, graphics and cartoons.
 Banerjee: Human Rights Violations in India p.11

 What are human rights violations?

 The main objective of my study is to discuss
human rights violations in India.
 I have defined human rights violations as
violations of basic personal rights of individuals
by the State or representatives of the State .
 Basic personal rights which are recognized
as human rights include the right to life,
freedom of speech and expression, freedom to
marry and right to nationality. These rights are
under threat in contemporary India.
 Banerjee: Human Rights Violations in India p.12
Human rights Violations

• Human rights violations include:

• wrongful imprisonment

• laws that seek to restrict

the rights of certain sections of society

• denial of citizenship by
ingenious methods like
exclusion from National
Register of Citizens and
consequent incarceration
 Banerjee: Human rights Violations in India p.13

 Gaps in Knowledge
 We have done a literature review .We found that no
overarching study dealing with all aspects of human
rights violations have been studied. My objective is to
fill this gap.
 Main focus of the study
 Human rights violations by the Indian State that had
taken place in the last decade(2011-2021). I have
selected four categories for detailed study : 1)
violation of right to life and liberty, 2) violation of
right to nationality , 3) violation of right to
marriage,4) Violation of Right to Freedom of Speech
and Expression .
 .

Banerjee: Human Rights Violations in India p.14

1a) VIOLATION OF RIGHT TO LIFE
2 people per week were killed in police firing (2009-15)
SITALKUCHI FIRING
10th April,2021.
During West Bengal Assembly elections,
4 voters died in firing by CISF
at Booth No.126 , Jorepatki village , Sitalkuchi

MAP 1.SITALKUCHI

.
 Banerjee: Hu man rig hts Violations in India p.15
CAUSE OF FIRIN G
Police version :Armed peop le su rroun ded p olice
forcing th em to op en fire
Villagers version : Forc es fired on p eaceful voters

Plate 3.Last rites of vic tims.

Source:Internet
 Banerjee: Human rights Violations in India p.16
POLITICIANS ‘REACTIONS
Dilip Ghosh defended
the firing by para-military forces
Plate No.4.Dilip,Ghosh
Source:Internet.

"The naughty boys, who had

presumed that the rifles of the
central forces were just for a show
during election duty, will not dare
repeat the same mistake after seeing
what happened in Sitalkuchi. This will
happen in the whole of Bengal. If
anyone dares to take the law into his
hands, this will happen to him also."
(Dilip Ghosh , President West Bengal
BJP. See
https://www.indiatoday.in/elections/west-b
engal-assembly-polls-2021/story/dilip-ghos
h-sitalkuchi-cooch-behar-violence-bengal-p
olls-1789898-2021-04-12
)
Banerjee: Human rights Violations in India p.17
POLITICIANS ‘REACTIONS
Rahul Sinha chastised the para military forces
for not killing more voters
Plate No.5.Rahul Sinha
Source:Internet

"Not four, eight people should have

been shot dead in Sitalkuchi. The
central forces should be issued a
show cause notice asking why they
killed only four and not eight…
Goons are trying to deprive people
of their democratic rights. Central
forces responded appropriately. If
it happens again, they will answer
again,” Rahul Sinha, Formerl
Secretary ,West Bengal BJP .(
HTTPS://THEWIRE.IN/POLITICS/WES
T-BENGAL-COOCH-BEHAR-POLL-VIO
LENCE-SITALKUCHI-BJP-RAHUL-SIN
HA
)
“

Banerjee: Human rights Violations in India p.18

POLITICIANS ‘REACTIONS
Mamata Banerjee promised justice
to the people of Sitalkuchi.
Plate No.6.Mamata Banerjee
Source: Internet

“The families of the deceased will get justice

We will not spare anybody …
….we have decided to make a memorial for all those killed”.
-Mamata Banerjee

https://indianexpress.com/elections/m
amata-banerjee-sitakuchi-firing-victim
s-7273701
/


Banerjee: Human rights Violations in India p.19

ELECTION COMMISSION OF INDIA
defends police firing at Sitalkuchi.
Should we accept their argument?
Plate No.7: Nirvachan Sadan
Source:Internet

1) Firing result of misunderstanding

2) CISF personnel fired to save their lives
(https://www.indiatoday.in/elections/west-bengal-assembly-polls-2021/story/election-commission-report-locals-attacked-cisf-jawans-in-sitalkuchi-cooch-behar-due-to-misunderstanding-1789518-2021-04-10 (Accessed on 16-06-2021) .
 Banerjee: Human rights Violations in India p.20

CALCUTTA HIGH COURT DIRECTIVES ON POLICE FIRING

Plate No.8.Calcutta High Court
Source: Internet

In case of need to fire

1) A magistrate must
be present 2) The
senior most officer
must give the order to
fire.3) Before firing a
warning must be
issued .4) Firing must
be such as to cause
minimum injuries.4)
An accurate diary of
all incidents must be
maintained by the
police.
 Banerjee: Human rights Violations in India p.21

Violation of Right to Life

Plate No.9.Emblem of CID
Source:Internet

The Criminal Investigation Department (CID) of West

Bengal has formed a Special Investigating team (SIT)
to fast track the enquiry. in Sitalkuchi.
I think among the matters the terms of enquiry of the
SIT should include whether1) the claim of the EC that
there was an unlawful assembly and violence by people
at Booth No.126 was true and 2) whether the
directives of the Calcutta High Court on police firing
have been followed.
***
CONCLUSION
To conclude, the Sitalkuchi incident is definitely a
violation of the right to life
as given in
Art.3 of the Universal Declaration of Human Rights and
Art 21 of the Constitution of India
 Banerjee: Human rights Violations in India p.22
1b ) ATTACKS ON LIBERTY
PREVENTIVE DETENTION in the Constitution nullifies the
Right to Freedom which the Constitution claims to protect
Government is using NIA & CBI to crush dissent and
jail dissidents.

Plate .No.9a) : Dissidents behind bars .

9b) Emblem of NIA 9c) CBI emblem .
Source: Internet
 Banerjee: Human rights Violations in India p.23
The use of UAPA by the govt has been severely criticized.

Plate 10. Cartoon by Rachita Taneja

Source:Internet
 Banerjee: Human rights Violations in India p.24
ATTACKS ON LIBERTY
Dramatic increase in number of arrests under
Unlawful Activities Prevention Act (1967 ) or UAPA
since 2014 when Narendra Modi took over as Prime Minister
Plate No. 11.Active UAPA cases.Source:Internet
 Banerjee: Human rights Violations in India p.25
Plate No.12.UMAR KHALID
Youth activist .Arrested under UAPA
- a PREVENTIVE DETENTION law in September 2020
Got bail on April 2021
Still in jail due to cases under UAPA
Source:Internet.
 Banerjee: Human rights Violations in India p.26
Father Stan Swamy
Arrested BY NIA in Elgar Parishad case
Critically ill.
But NIA opposes bail
.Mumbai High Court makes provision
for medical treatment.Denies bail.
-

Plate 13.FATHER STAN SWAMY

:SOCIAL ACTIVIST
Source : Internet
 Banerjee: Human rights Violations in India p.27

ATTACKS ON LIBERTY

CONCLUSION

• To conclude this section the dangers to liberty under the Narendra Modi regime are real.
UMAR KHALID and FATHER STAN SWAMY are only two of the numerous examples of
individuals whose right to freedom has been violated by the State.

The arrests under UAPA violate Art.9 of

Universal Declaration of Human Rights (1948)

• “We live under a regime that labels poets, journalists, and even school children as
terrorists and a threat to national security” .-Payoshi Roy, Advocate
****

• What is happening now is the use of the law to crush and quieten dissent.
• For the ideology to establish itself and be accepted by society, it has to root out dissent
and objections. To do so, it will take the help of legal and extra-legal methods. It can
reach to the extent of individual killings such as Gauri Lankesh and others to create a
chilling effect of fear.-MIHIR DESAI
Banerjee: Human rights Violations in India p.28
2.Violation of Right to Nationality
Plate 14.Protest against CAB
Source:Internet
 Banerjee: Human rights Violations in India p.29
2.Violation of Right to Nationality

 Article 15 of the Universal Declaration of

Human Rights says:
• Everyone has the right to a nationality.
• No one shall be arbitrarily deprived of his
nationality nor denied the right to change his
nationality.
 The Citizenship Amendment Act(2019)
violates this provision as it deprives Indian
origin Muslims from selected foreign
countries, stated in the amendment, from the
right to apply for Indian citizenship.
Banerjee: Human rights Violations in India p.30
2.aViolation of Right to Nationality
Protest movements against CAB/CAA
organized throughout India .
Shaheen Bagh sets a unique example of protest
Govt imposed repression
and BJP fomented riots to end the movement.
But did not succeed .

Plate 15.Shaheen Bagh

Source: Internet
Banerjee: Human rights Violations in India p.31
2b) .Violation of Right to Nationality
THE CASE OF NRC IN ASSAM
Map 2.a .Map of India
Plate 2 b. Map of Assam
 Banerjee: Human rights Violations in India p.32
2b) .Violation of Right to Nationality: NRC

 National Register of Citizens(NRC).

 It violates Article 15 of the Universal Declaration of Human
Rights which recognizes the right to nationality for every
individual.
 NRC exercise in Assam conducted to identify illegal migrants
.
 Shoddy implementation turned it into a witch hunt of
Bengalis and other ethnic minorities like Gorkhas.
 PEOPLE BELONGING TO THE FOLLOWING CATEGORIES EXCLUDED
FROM NRC
 Soldiers serving / retired
 Bureaucrats serving / retired
 Teachers serving / retired
 Freedom fighters
 Banerjee: Human rights Violations in India p.33
2B.Violation of Right to Nationality: NRC
HOW DIFFICULT IS IT
TO PROVE ONE’S NATIONALITY
BEFORE A FOREIGNERS’ TRIBUNAL
IN ASSAM?

• DOCUMENTS REQUIRED FOR NRC

• LIST A
• 1951 NRC
• Electoral roll(s) up to 24 March (midnight), 1971
• Land and tenancy records
• Citizenship certificate
• Permanent residential certificate
• Refugee registration certificate
• Any government issued license/certificate
• Government service/ employment certificate
• Bank or post office accounts
• Birth certificate
• State educational board or university educational certificate
• Court records/processes
• Passport
• Any LIC policy
 These documents must be dated prior to midnight of March 24, 1971.
• The applicants must link the above documents in List A to their father’s /grand father’s documents in List B .
• LIST B
• Birth certificate
• Land document
• Board/university certificate
• Bank/LIC/post office records
• Circle officer/gaon panchayat secretary certificate in case of married women
• Electoral roll
• Ration card
• Any other legally acceptable document
 Banerjee: Human rights Violations in India p.34
2B.Violation of Right to Nationality:NRC
Foreigners’ tribunals set up to identify foreigners.
But they did not dispense justice to applicants
In many cases they rejected documents
supplied by residents to prove nationality.
Plate 16. Foreigners’ tribunals
Source:Internet
 Banerjee: Human rights Violations in India p.35
2B .Violation of Right to Nationality:NRC
Those who failed to prove their nationality
were incarcerated in concentration camps
Plate 17.a) Newly constructed detention centre
at Goalpara
(left)
b) Women detenues in a detention camp (right)
 Banerjee: Human rights Violations in India p.36
DETENTION CENTRES RESEMBLE NAZI STYLE
CONCENTRATION CAMPS

Table No.2.Distinction between Reformatory

and Detention Centre
Source: This table is based on.Anirban Banerjee : Jatiyo Nagarik Panji:Rashtrer
omanobik probonota" in Antarmukh 9(3) January-March 2020, Table No..p.35

FACILITY REFORMATORY DETENTION CENTRE

Work Yes No
Entertainment Yes No

Education Yes No

Contact with family Yes No

members

Facility for bail or Yes, both No Parole

parole Bail only after 3 years
on production of
Rs.100,000/-
As ordered by the
Supreme Court
 Ban erjee: Hu man rig ht s Violations in Ind ia p .37
3.Violat ion of righ t to Marry
Graph ics :In tern et

Article 16 of
Universal Declaration of Human
Rights
says that every human being has
the right to marry and found a
family irrespective of nationality or
religion with full consent of the
spouses.
Yet this right is being violated in
India .
 Banerjee: Human rights Violations in India p.38
3.Violation of right to Marry

 The Hindu right falsely alleges that Muslim men are practicing 'Love Jihad' or
'Romeo Jihad' with a view tricking young Hindu women into marriage in
order to change their religion, explains Charu Gupta. So when they came to
power in various states , the Hindu right introduced laws which infringes
one’s right to marry.
 In 2021 anti –conversion laws, directed against Muslims and Christians ,
colloquially known as 'Love Jihad' laws have been passed in:
 Uttar Pradesh
 Madhya Pradesh
 Gujarat
 In all these states a Hindu right wing party, the Bharatiya Janata Party , is in
power.
 These laws violate one of the basic rights of man , namely the right to
marry and start a family.
 BUT SOME RABIDLY COMMUNAL PEOPLE DO SUPPORT THESE
LAWS.INDEED THEY WANT MORE STRINGENT MEASURES.
 DID NOT A SECTION OF GERMANS IN NAZI GERMANY SUPPORT
HITLER’S WAR AGAINST THE JEWS ?
 Ban erjee: Hu man rig ht s Violations in Ind ia p .38
3.Violat ion of righ t to Marry
Graph ics:Int ernet
WITH THE PAS SAGE OF THE S E LAWS
INDIA BECOME S PE RHAPS THE ONLY
COUNTRY IN THE WORLD TO MAKE
INTERFAITH MARRIAGE ILLE GAL

UTTAR PRADESH:
12 FIRS
35 ARRESTS
WITHIN ONE MONTH OF
OPERATION OF
‘LOVE JIHAD’ LAW

GUJARAT
6 ARRESTED ON THE
BASIS OF ONE FIR

ROLE OF COURTS

COURTS HAVE FREED PEOPLE ARRESTED

UNDER THESE LAWS.
 Banerjee: Human rights Violations in India p.40

4.Violation of the Right to Freedom

of Speech and Expression

 Art 19(a) of the Constitution of India guarantees the individual the

right to freedom of speech and expression. But this right is under
threat in contemporary India. Any individual who protests against
anti-people activities of the state is viewed as an enemy of the
state and slapped with sedition laws or UAPA and arbitrary
detention .
 Like Kanhaiya Kumar, Stan Swamy and Umar Khalid .
Plate 18.Kanhaiya Kumar (left), Stan Swamy(middle) and Umar
Khalid (right)
Source: Internet
 Banerjee: Human rights Violations in India p.41
4.Violation of Right to Freedom of Speech and Expression
JNU STUDENTS WHO PR OTESTED AGAINST
THE EXECUTION OF AFZAL GUR U WERE WRONGLY
SL APPED WITH SEDITION CASES.
SEC TION 124 IPC (SEDITION)
DOES NOT APPLY IN THIS CASE
SEC TION 124 APPLIES ONLY IN CASE OF ARMED REBELLION..

Plate 19. JNU students organize a candlelight protest against Afzal Guru’s execution (2016)
Source:Internet
 Banerjee: Human rights Violations in India p.42
4.Violation of Right to
Freedom of Speech and Expression

 Two recent example of political harassment .

 1.Surya Pratap Singh

 Plate 20.Surya Pratap Singh.

 Source: Internet
 Retired IAS officer Surya Pratap Singh criticized the UP govt in a series of tweets . He was booked
in
 6 cases for allegedly using misinformation to divide society. Recently , he was questioned by
police
 He alleged that these are attempts to intimidate him to prevent him from raising people’s issues.
( Vide Former IAS Officer questioned over tweets critical of government “ –Report in Indian Express ,
June 6,2021,
https://indianexpress.com/article/cities/lucknow/former-ias-officer-questioned-over-tweets-critical-o
f-govt-7345946/
) (Accessed on 24-06-2021)
Ba ne rje e: Hum an righ ts Vio lations in In dia p.43
2.M AN JUL
Wh y was p olitica l ca rtoon is t M an jul s usp end ed
from Twitter an d Ne two rk 18?
Is it be cau se he criticized M o di’s
ha nd ling of th e Co vid 19 crisis ?

Plate 21.Ca rto on b y M anjul

 Banerjee: Human rights Violations in India p.44
FOLLOW RAJDHARMA
Remember Emperor Ashoka?
In this inscription he says “All men are my children…”
Like Ashoka, Central and State governments should
follow Rajdharma and stop violating human rights.
Tolerance, listening to criticism is part of Indian tradition .
Dividing people , ignoring the rights of a community , is against Indian tradition.

Plate 22.Ashokan Inscription wriiten in the Prakrit language in Brahmi script (3rd century BC)
Odisha State Museum
Photo : Anirban Banerjee
 Banerjee: Human rights Violations in India p.45

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eds. Agrarian Structure and Social Transformation, Udaipur & New Delhi, RC 15:
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psychosocial disabilities: an unresolved global crisis", Lancet Nov 5. 2011.
 Banerjee: Human rights Violations in India p.46

• Halder, Debarati and K. Jaishankar: Inter-Country Adoption and

Human Rights Violations in India in K. Jaishankar ed.International
Perspectives on Crime and Justice , Cambridge Scholars
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Boston College Third World Law Journal Vol.26.Issue 2.2006
 Banerjee: Human rights Violations in India p.47

• DECLARATION:

ALL INFORMATION,
INCLUDING NEWS REPORTS, GRAPHICS,
PHOTOS,ETC.WITH SOME EXCEPTIONS ,
HAVE BEEN LEGITIMATELY OBTAINED
FROM THE PUBIC DOMAIN AVAILABLE
THROUGH THE INTERNET
Banerjee: Human rights Violations in India p.48

THANK YOU