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| Human rights in India | |
|---|---|
| Country | India |
| Capital | New Delhi |
| Population | 1.4 billion |
| Constitution | Constitution of India |
| Human rights mechanism | National Human Rights Commission of India |
| Languages | Hindi; English language in India |
Human rights in India Human rights in India are framed by the Constitution of India and interpreted through the Supreme Court of India, the President of India, the Parliament of India, and a constellation of central and state institutions including the Ministry of Home Affairs (India), the National Human Rights Commission of India, and state human rights commissions. Judicial decisions from the Kerala High Court, Bombay High Court, Delhi High Court, and other superior courts interact with statutes such as the Indian Penal Code and the Code of Criminal Procedure to shape civil liberties, access to justice, and social entitlements across diverse regions like Kashmir, Assam, Manipur, and Tamil Nadu.
The Constitution of India establishes Fundamental Rights and Directive Principles that courts such as the Supreme Court of India and judges like former Chief Justices P. N. Bhagwati and S. H. Kapadia have interpreted in landmark rulings including Kesavananda Bharati v. State of Kerala, Maneka Gandhi v. Union of India, and K. S. Puttaswamy v. Union of India to define privacy, equality, and liberty. The constitutional architecture involves institutions such as the Election Commission of India, the Attorney General of India, the Comptroller and Auditor General of India, and the Rashtrapati Bhavan in the exercise of powers under instruments like the Constitution (Forty-second Amendment) Act, 1976 and the Constitution (Ninety-third Amendment) Act, 2005. Federal arrangements implicate states governed by assemblies such as the Maharashtra Legislative Assembly and the West Bengal Legislative Assembly in implementing socio-economic rights referenced in cases like Olga Tellis v. Bombay Municipal Corporation.
Civil and political rights encompass freedoms protected under Articles of the Constitution of India and enforced through writs from the Supreme Court of India and the High Courts of India. Freedom of speech debates engage entities such as Prasar Bharati, Times of India, The Hindu, NDTV, and personalities like Arundhati Roy, while electoral rights involve the Election Commission of India and leaders from parties like the Bharatiya Janata Party and the Indian National Congress. Law enforcement institutions including the Central Reserve Police Force, Border Security Force, and state police forces have been scrutinized in controversies tied to statutes such as the Unlawful Activities (Prevention) Act and incidents in locations like Srinagar, Naxalbari, and Guwahati. Legislative measures like the Arms Act, 1959 and judicial interventions in cases such as Shreya Singhal v. Union of India shape online speech, assembly, and association rights.
Economic, social and cultural rights intersect with schemes and laws including the National Food Security Act, 2013, the Right to Education Act, 2009, the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), and the Goods and Services Tax Act. Administrative bodies such as the Ministry of Rural Development (India), the Ministry of Health and Family Welfare, and agencies like the National Health Mission operationalize entitlements in rural districts like Puri and urban centers like Mumbai. Landmark litigation—Vishaka v. State of Rajasthan and State of Tamil Nadu v. A. Raja—and commissions including the National Commission for Women and the National Commission for Scheduled Castes address discrimination against groups such as Dalits, Adivasis, and religious minorities in regions like Uttar Pradesh and Kerala.
India's enforcement architecture comprises the Supreme Court of India, the network of High Courts of India, trial courts, tribunals like the National Green Tribunal, and quasi-judicial bodies such as the National Human Rights Commission of India and the Central Information Commission. Law enforcement oversight engages the Central Bureau of Investigation, the National Investigation Agency, and state police led by Directors General of Police in states like Bihar and Punjab. Legal aid mechanisms include the National Legal Services Authority and its state counterparts, and public interest litigation has been advanced by advocates like Fali S. Nariman, Kapila Hingorani, and NGOs such as Human Rights Law Network and Commonwealth Human Rights Initiative.
Significant controversies involve counterinsurgency and internal security operations in Jammu and Kashmir, Northeast India, and Chhattisgarh amidst tensions with groups such as Maoist insurgents and militias tied to ethnic conflicts. Issues of custodial death, extrajudicial killings, and enforced disappearances have prompted scrutiny by actors including Amnesty International, Human Rights Watch, and parliamentary committees like the Parliamentary Standing Committee on Home Affairs. Communal violence episodes such as the 2002 Gujarat riots, debates over the Citizenship Amendment Act, 2019, and tensions following the abrogation of Article 370 have mobilized courts, civil liberties organizations, and political actors including Narendra Modi and Rahul Gandhi.
India is party to instruments such as the International Covenant on Civil and Political Rights (signed), engages with the United Nations Human Rights Council through periodic reviews, and participates in forums including the Universal Periodic Review and treaty bodies addressing the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of the Child. International scrutiny by rapporteurs, delegations from European Union missions, and judgments referenced in the International Court of Justice discourse inform domestic policy on extradition, refugee protection linked to cases involving Rohingya refugees, and compliance with conventions like the Convention Against Torture.
Civil society and media actors include NGOs such as Centre for Policy Research, Asian Development Research Institute, Common Cause, and grassroots movements like the Narmada Bachao Andolan, Chipko Movement, and the Right to Information Movement driven by activists like Anna Hazare and Aruna Roy. Journalists and outlets including The Wire, Scroll.in, The Indian Express, and freelance reporters often litigate for protections under the Right to Information Act, 2005 and face legal challenges involving sedition provisions and defamation suits. Student activism in institutions such as Jawaharlal Nehru University and protests at sites like Shaheen Bagh illustrate public mobilization alongside union actions by bodies like the All India Trade Union Congress.