HUMAN RIGHTS VIOLATIONS: THE IMPACT ON HUMAN RIGHTS

Introduction:

Human rights are basic rights and freedom that are guaranteed to all people regardless of race, gender, religion, nationality, or any other attribute. These rights are universal and inalienable, which means they cannot be revoked or relinquished under any circumstances. Human rights are recognized and protected by international law and many national constitutions, and they are critical for promoting dignity, equality, and justice in society. Individual rights have been declared in a variety of written writings, including the Magna Carta (1215), the French Declaration of Man and Citizens (1789), and the United States Bill of Rights (1791). Following World War II, the United Nations was established in the twentieth century in 1945. The Universal Declaration of Human Rights (UDHR) was adopted three years later.

Unfortunately, despite the presence of laws and international treaties aimed at protecting human rights, abuses of these rights continue to occur on a worldwide basis. Discrimination, torture, arbitrary detention, forced disappearances, and extrajudicial executions are all examples of human rights breaches. Such infractions not only affect people, but also undermine the concepts of justice, equality, and democracy, all of which are necessary for a peaceful and thriving community.

Causes of human rights violations

Lack of respect for the rule of law: When governments or institutions neglect laws intended to safeguard human rights, a situation is created in which human rights can be violated with impunity.

Political repression: Human rights transgressions are frequently committed by governments seeking to suppress dissent, opposition, or criticism.

Inequality and poverty: Inequality and poverty can lead to a scenario in which certain groups are marginalised and excluded from society, making them vulnerable to human rights violations.

Lack of accountability: When people who violate human rights are not held accountable for their conduct, a culture of impunity develops, which can promote additional abuses.

Lack of knowledge and awareness:  Lack of human rights education and awareness can make it difficult for individuals to recognise when their rights are being infringed or to advocate for their rights.

Various forms of Human rights violations:

 Extrajudicial execution: Security personnel in Jammu & Kashmir have been accused of utilizing excessive force against civilians, resulting in multiple deaths and injuries.  The usage of pellet guns has resulted in several deaths and injuries. Similarly, there have been reports of extrajudicial murders by security personnel conducting counter-insurgency operations in India’s northeast. Security personnel in states such as Manipur, Assam, and Nagaland have been accused for carrying out extrajudicial killings of suspected militants and civilians under the pretence of encounter. “According to Article 3 of the Universal Declaration of Human Rights, “everyone has the right to life, liberty, and security of person.” This right is violated through extrajudicial killing, which is the purposeful death of a person without a lawful trial or judicial procedure.

Arbitrary detention: Dalits, also known as Scheduled Castes, are a historically marginalized population who confronts many types of discrimination and violence. The police have been accused of employing excessive force against Dalits, and there have been several reports of Dalit people who die in custody. Similarly, Muslims in India have faced police assault while in custody. There have been complaints of police violence during protests against the Citizenship Amendment Act (CAA) and the National Registry of Citizens in recent years (NRC). Muslim people have also been detained under harsh laws like the Unlawful Activities (Prevention) Act (UAPA) and the National Security Act (NSA), both of which allow for detention without trial and have been condemned for being used to silence dissent.

According to Article 9 of the UDHR, “no one shall be subjected to arbitrary arrest, imprisonment, or expulsion.” Arbitrary detention is defined as restraining an individual with no legal basis or without following necessary legal processes.

According to Article 2 of the UDHR, “everyone is entitled to all the rights and freedoms enshrined in this Declaration, without regard to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other position.” Discrimination is defined as treating someone unjustly or differently because of a certain attribute, such as race, gender, or religion.

Forced evictions:

Many Adivasi groups were evicted from their homes and lands in Chhattisgarh in 2005 as a result of the creation of the Salwa Judum camps, a state-sponsored vigilante organisation intended at suppressing Maoist insurgency in the region. Adivasi groups have been displaced from their homes and lands, resulting in the loss of traditional livelihoods and access to natural resources, as well as social and cultural upheavals.

The state government has forcibly evicted over 200 Adivasi people from Chhattisgarh from their homes in Telangana. These families had moved to Telangana in quest of work and had lived on government land in the forest areas. They were, however, evicted by the Telangana Forest Department for disobeying forest restrictions.

Forced evictions and relocation can result in the loss of land, residences, and other types of property, which can have an economic and social impact.

According to Article 13 of the UDHR, “everyone has the right to free movement and residence within the borders of each state.” Individuals are forcibly removed from their homes or communities, frequently as a result of conflict, persecution, or construction projects which in turn lead to violation of rights.

Restriction on freedom of speech and expression:

1) During farmers’ protests against new agriculture rules in January 2021, regions of India experienced major internet outages. The shutdowns disrupted access to information, education, and healthcare, and had a disproportionate impact on marginalized communities.

2) Restrictions on freedom of speech and assembly, including the use of sedition charges against critics of the government.

3) Use of draconian laws such as the National Security Act (NSA) and Public Safety Act (PSA) to detain individuals without trial.

Article 19 of the Universal Declaration of Human Rights guarantees freedom of expression. It recognizes that individuals have the right to hold and express opinions without fear of censorship or persecution, and that they should be free to seek, receive, and impart information and ideas through any means. But these incidents created suppression of human expression and speech.

Racism based on religion:

In India, there have been several violent atrocities against religious minorities, including mob lynchings of Muslims and Dalits. These attacks have heightened fears in India about communal conflict and the protection of vulnerable populations. Yet, there are accusations that the government has done insufficient to confront the problem, and that some politicians have even condoned or encouraged the violence. There have been several instances of violence against minorities, particularly Muslims, in India in recent years. This includes the communal riots in Delhi in February 2020, where at least 53 people were killed, most of them Muslims. These incidents violate the right to life and security of person (Article 3) and the right to equality and non-discrimination (Article 2 and 7) enshrined in the UDHR.

Methods to prevent human rights violations:

Preventing violations of human rights is a complex and ongoing process that requires    efforts from governments, civil society organizations, businesses, and individuals.

i) Education and awareness initiatives may assist individuals understand their rights as well as the necessity of respecting the rights of others.

ii) Governments can adopt and implement rules and regulations that safeguard human rights, including laws against discrimination, torture, and forced labor.

iii) Civil society organizations, such as human rights organizations and non-governmental organizations (NGOs), may monitor and report on human rights breaches, as well as advocate for reform.

iv) Governments and civil society groups can offer victims of human rights breaches with support and assistance, such as legal aid and counselling.

v) By supporting global standards and holding countries accountable for their actions, international cooperation can help avoid human rights atrocities.

Conclusion:

The establishment of official institutions to promote and preserve human rights is a key protection to ensuring that individuals have recourse and remedy when mistreated. In this process, a dynamic and autonomous human rights commission can play a role. Human rights commissioners must also be backed and encouraged by the international community to extend their bounds and overcome the inevitable opposition from other government bodies. This is a long-term process that can only be accomplished with persistent national and international attention.

 

SRILEKHA