PSIR Optional

social movements

CIVIL LIBERTIES AND HUMAN RIGHTS MOVEMENTS – 
  • What are civil rights?
    • Rights which are considered necessary for leading a civilised existence are called as civil right. For eg – Right to life, liberty, property, equality before law, right against arbitrary arrest are considered as civil right.
    • Civil rights are based on the philosophy of liberation. The basic purpose of civil rights is to check the arbitrary exercise of power by the executive and to maintain the rule of law.
  • Indian freedom movement was not just a freedom movement or national movement. It was one of the largest civil rights movement. Early nationalist demanded basic freedom like – freedom of press, greater representation in assemblies agitation against Rawlett bill was also an example of civil rights movement.
  • Pt Nehru was one of the prominent civil right activist, on Nov 7th 1936 “Indian Civil Liberties Union” was established at the initiative of Pt Nehru.
  • Ravindranath Tagore was made president and Sarojini Naidu was made working president. Pt Nehru promised that there will be no black law in independent India.
  • Constitution of India is a revolutionary document it is perhaps the first constitution which incorporate the spirit of human rights. In India FR are also available for non-citizens. Indian constitution also has a scheme of social and economic rights. It was unfortunate that the provision related to preventive detention laws has been incorporated in the constitution that too in part 3 of the constitution.
  • Art 22 provides certain protection to the person detained under preventive detention. However these protections are just for the name sake. In other countries preventive detention laws are applied only during emergencies like war. But in India preventive detention laws can be implemented even during normal times. The trend has been the misuse of preventive detention laws against political opponents to curb political dissent. India even continued with the colonial law like sec 124A dealing with sedition. Sec 124 A outlaws any speech written or verbal, sign or visible representation or otherwise which aims to bring hatred, contempt or excite or even attempt to excite disaffection towards governed established by law in India.
  • In above case the penalty that it is non-bailable, non-compoundable cognizable offence which may result into 3 years or life imprisonment with or without fine.
  • The govt of Pt Nehru became the first govt to use preventive detention laws, which was used against the communist leaders like A.K Gopalan.
  • There has been the decline of rule of law and the rise of police state or overdeveloped state in India after independence. There was a growth of executive highhandedness, corruption. Towards 1970s we see the beginning of the new phase of civil rights activism in the country. By this time the nostalgia of freedom movement was over, economic failure of the govt was on surface. There was growth of anti-price rise agitation. Jaiprakash Narayan called for total revolution. He even appealed to armed forces not to obey the order.
  • Govt imposed emergency even on the ground of internal disturbance govt called for committed bureaucracy and committed judiciary. Emergency was the darkest hour for India’s democracy. It was a trial period for democracy. Fortunately democracy survived. Not only democracy survived, it has strengthened the democracy in country. There was proliferation of civil rights organisation like citizens for democracy, association for democratic reforms (ADR), people union for civil liberties led by lawyers like Shanti Bhushan who preferred the path of judiciary to ensure the rule of law. After emergency judiciary also became an active participants in India’s civil and human rights movements.
HUMAN RIGHTS MOVEMENT IN COUNTRY – 
  • From 1980s around the world there has been growth of the consciousness of human rights. In case of India also a new phase of activism started. Civil society working with judiciary has led to the beginning of new phase of human rights activism. Activist judges like P.N Bhagwati institutionalised PIL. PIL proved a revolutionary step in provision access to justice the marginalised section.
  • SC which has been earlier reluctant with respect to directive principle because they champion of social and economic rights. It has given wide and substantive interpretation to right to life to include rights like – right to education, health clean envt and right to life not just animal existence but to live with dignity.
  • Globalisation has increased the number of advocacy groups in India. Govt of India have also established institutional mechanisms like NHRC, RTI.
  • UNHRC conducts – universal periodic review (UPR) of member countries. Uphill now there have been 2 UPRs of India (2008-2012).
  • GOI has not been able to meet the targets. It has taken up after 1st review. Some of the prominent human rights concern in India are –
  • Above analysis show that human rights activism has not resulted into any qualitative improvement. India’s commitment towards protection of human rights is more of a rhetoric than reality.
  • What are the weaknesses in human rights movement?
    • Acc to prof Upendra Baxi there is no human rights movement in India. What we find is not human rights movement but human right industries. Advocacy group employee management graduates rather than social activists. These organisation act with corporate approach rather than the attitude of social service. They lacked legitimacy in the country. Because their approach have been biased they have raised issues like human rights violation by members of armed forces but sadly talk about human rights violation by militant organisation of innocent civilians on killing of members of armed forces, paramilitary forces by militant.
    • Acc to human right activist Nandita Haskar human rights movement in India has to work within the defined limits. Indian state does not tolerate any activism going beyond the periphery of nationalist discourse. Whenever govt adopts zero tolerance towards terrorism it ends in zero tolerance towards human rights.
  • It is to be noted that so long India will continue to suffer threats to territorial integrity, there will always be a justification with the govt for laws like – AFSPA. However to enhance the credibility of India, it is necessary that govt brings reforms in NHRC, give greater powers to NHRC with respect to enquiry on HR violation even by the members of armed forces. Govt has to ensure discipline among law enforcement agencies. There is also an urgent need for police reform, prison reform, judicial reform, criminal justice system reform.