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Human Rights Advocacy in India

Introduction​

Human rights advocacy plays a crucial role in promoting and protecting fundamental freedoms and dignity in society. India, this concept is deeply rooted in the country's constitution and various international treaties. This page explores key aspects of human rights advocacy within the Indian legal framework.

Constitutional Framework​

India's Constitution serves as the primary source of human rights protection. The following articles are particularly relevant:

  • Article 14: Equality before the law
  • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth
  • Article 19: Protection of certain rights regarding freedom of speech, expression, assembly, association, movement, residence, and profession

These provisions form the foundation for human rights advocacy in India.

International Treaties​

India is a signatory to several international human rights treaties, including:

  • Universal Declaration of Human Rights (1948)
  • International Covenant on Civil and Political Rights (1966)
  • Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)

These treaties complement domestic laws and provide additional protections for human rights.

Case Law Examples​

In this landmark case, the Supreme Court decriminalized consensual homosexual acts between adults in private. The court relied on Article 21 of the Constitution (Right to Life and Liberty) and Section 377 of the Indian Penal Code (IPC), striking down the law as unconstitutional.

Legal Section: Section 377 of the IPC

Puttaswamy vs Union of India (2017)​

This case established the right to privacy as a fundamental right under the Indian Constitution. The court held that privacy is protected under Article 21 and Part III of the Constitution.

Legal Sections: Articles 19(1)(g), 21 of the Constitution

Olga Tellis vs Bombay Municipal Corporation (1986)​

This case dealt with the rights of street vendors and the issue of homelessness. The court recognized the right to livelihood and housing as fundamental rights.

Legal Sections: Articles 14, 21 of the Constitution

Practical Applications​

Human rights advocacy in India often involves:

  1. Legal aid services for marginalized communities
  2. Public interest litigation to challenge unjust laws or government actions
  3. Awareness campaigns on constitutional rights and international human rights standards
  4. Collaboration with civil society organizations and NGOs

Challenges​

Despite the strong legal framework, human rights advocacy faces several challenges in India:

  • Limited resources and capacity within the justice system
  • Political interference in judicial processes
  • Social stigma and resistance to change in deeply ingrained societal norms

Conclusion​

Human rights advocacy remains crucial in India to ensure that the principles enshrined in the Constitution and international treaties are upheld. By leveraging case law, public awareness, and strategic litigation, advocates play a vital role in shaping India's human rights landscape.

Additional Resources

  • National Human Rights Commission of India
  • United Nations Office of the High Commissioner for Human Rights
  • Amnesty International India