Tag: humanrights

INTRODUCTION

Human rights are considered to be sacrosanct. It is the set of rights with which a person is born. These rights ensure that a person has a good standard of living. Human rights give people good life full of happiness and prosperity. Each human right plays a very crucial role in shaping a person’s life. Human rights are mostly referred to as fundamental or inherent, birthrights. These rights are not created by any state or any legislation and neither are they subjected to any kind of amendment. The Universal Declaration of Human Rights defines human rights as the right derived from the inherent dignity of a human person. Human rights are inclusive of civil and political rights. These rights usually limit the government authority that may affect the individual’s independence. There are also rights called ‘social rights’ where the government has various ways to improve the life quality of the citizen.

CHARACTERISTICS OF HUMAN RIGHTS

Some notable characteristics that define human rights are-

1. Human rights are inalienable– Human right is a right given to a person even when the person is in the womb. These rights are given to a person irrespective of his religion, creed, sex, or nationality. His mere existence gives him this right.
2. Human rights are necessary and essential– In absence of human rights, a person cannot achieve their fullest potential. Physical welfare, moral welfare, and social welfare are adversely affected without human rights.
3. Human rights are in connection with human dignity– Human rights are about treating people with dignity; giving them respect as normal individuals irrespective of gender or race. Example: African Slaves were treated badly by the Americans, they were given many sorts of punishment like whipping, mutilation, raping, burning, etc.
4. Human rights are irrevocable– Human rights cannot be taken away from any person as they originate from the social nature of the person, merely because he is a human he is enshrined with these rights.
5. Human rights are dynamic– Human rights are not static, they cannot be defined in a restricted sense, and people change with respect to changes in time. Formulation of different treaties and conventions with change in time is a depiction of the dynamic nature of human rights.
6. Human rights are never absolute– Human is a social animal, he can enjoy all of their rights without any restrictions but for a common good, the state may impose some restrictions and they can be only imposed by the state.

ORIGIN OF HUMAN RIGHTS AND ITS EVOLUTION

Human rights originated in 539 BCE, when Cyrus the Great captured Babylon, Cyrus freed all the slaves and said that all men are free, they can choose any religion and must have racial equality. Then in the year 1215 Magna Charta introduced the concept of Rule of Law wherein it defined basic idea of rights and liberties for all persons. Rule of Law concept mentions the sense of accountability, stability, equality and access to justice for all. Magna Charta was signed in 1689.

The Declaration of Rights of Man and of Citizen in 1789 which was adopted by the French National Assembly is a historical event based on the political concerns of civil and political rights. This declaration contained principles that inspired French Revolution. This declaration has specified some aspects of rights of liberty, private property, right to participate in elections, freedom of religion but these rights were not fully established due to the fall of French National Assembly in 1791. During this time the famous principles of some political thinkers like Rousseau, that good government must have freedom of all its citizens and Montesquieu, who argued the elimination of idea of Divine Rights of the King to Rule and if people are not satisfied with the rule of the king then they can rebel; gained popularity. These ideas have enlightened some kind of knowledge about human rights to common people. This resulted in French Revolution of 1789. During the 17^th -18^th century, it was considered an enlightenment stage where the people themselves were taught about their rights of life, liberty and pursuit of happiness.

The Second Generation of Human Rights in 19^th century emerged when people realized that the rights which were stated in the 17^th century were only established for some class of people. The poor and weaker sections hardly had leverage to exercise these rights. They realized that civil and political rights can be established by the people of the elite class. So the primary focus during these times was economic, social and cultural rights. The views originated from socialist thinkers like Marx and Lenin emerged about a stage of communist revolution for the welfare of the people and that state must ensure the welfare to the people so that people can reach up to their maximum potential. There must be democratic centralism and there must be an establishment of one party socialist state. The intervention of state is more here. This included the right to work, right to a standard of living, right to health and right to education. They are termed as the welfare rights as they pertain to the development of the people.

The Third Generation of human rights emerged with dynamic nature of human activities that affected the globe. The world suffered from two world wars. Geneva Convention and Hague Convention promoted basic level of dignity of individuals. The concerns over the protection of certain minority nations and peaceful co-existence were raised by the League of Nations at the end of First World War. Due to some political reasons and rise of dictatorship, it led to the fall of League of Nations. Then Second World War happened and thousands of lives were lost during that time; treatment of Jews in the concentrated camps, atomic bombing in Japan horrified the world and human rights were propagated as the global consciousness and eventually this led to rise of United Nations Organisation in 1945. There are other specialized agencies like International Labour Organisation for protecting workers rights increasing their safety and economic growth. People also did not like the concept of nation state so they thought for the benefit of whole mankind. They thought that all humans must get benefit in the process of human rights, the emergence of solidarity rights came into existence where rights were not spoken for a people in a specific country but in the whole world.

During the Fourth Generation of human rights, there were many technological developments and there were few growing concerns that whether the technology would encroach on human rights. Universal Declaration of Human Rights (UDHR) was established in 1948. Although UDHR is not legally binding it has different ways which keep a check and balance the exercise of state power and how a state should treat its citizens. There were other international covenants on Economic Social and Cultural Rights and Civil and Political Rights constituting the International Bill of Rights. It is mandatory now that all members of the UN must incorporate the provision of human rights in their constitution. UN has also adopted various treaties including conventions to prohibit various kind of crime that is against humanity like Convention on Elimination of All Form of Discrimination against Women and Convention on Rights of the Child.

Constitution of India contains basic human rights of all citizens, irrespective of their gender, caste, religion etc. India had signed the Universal Declaration of Human Rights on January 1942. If a part in the constitution is against the fundamental right then it is declared as void. These sections are vital elements of the constitution which includes Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion and Right to Constitutional Remedies among others.

In Kesavananda Bharati v State Of Kerala¹ case it was stated that Universal Declaration of Human Rights may not be legally binding instrument but it shows how India understood the nature of human rights at the time the constitution was adopted. In Consumer Education & Research v Union Of India & Others² case it was stated that the directive principles are the forerunners of UN Convention on right to development. The right to development is inalienably a human and fundamental right and everyone is entitled to it, along with being entitled to enjoy economic, social cultural and political development. In Air India Statutory Corporation v United Labour Union & Ors³ case it was held that right to health and medical care is a fundamental right of a worker under Article 21, read with Articles 39(e), 41, 43, 48A to make the life purposeful. In Mrs. Valsamma Paul v Cochin University And Others⁴ case it was stated that human rights are derived from the dignity and human rights and fundamental freedoms are interdependent.

CONCLUSION

Human rights are the basic rights given to every individual to achieve their maximum potential. Human rights have a very long way of history and development. India has also enshrined human rights in Part III and IV of the Constitution which are the fundamental rights and directive principles. Violation of fundamental rights will eventually cause a legislation to be declared void. All rights are covered under these two parts. Further, as part of the fourth generation of human rights, one needs to be careful about the fast developing technologies. In future there may be fusion of nuclear, biological, chemical and technological aspects which need to be looked at carefully and we must protect the human dignity at any cost. There might be future risks regarding human rights preservation and necessary steps must be taken to protect it. Though the human rights have several articles and conventions among nations, there is only limited progress of human rights as many people suffer from extreme poverty or they suffer from the policies of their own states. So, the human rights in future must be further progressive, giving everyone in this world a dignified life.

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CITATIONS

1. SC Writ Petition (civil) 135 of 1970.

2. 1995 AIR 922, 1995 SCC (3) 42.

3. SC Civil Appeal Nos. 15536-37, 15532-15534 of 1996 (Arising out of SLP (C) Nos. 7418-19/92 and 12353-55/95).

4. 1996(1) SC 571.

This article is written by Sree Lekshmi B J, a third year law student.

INTRODUCTION

Women all across the world have demonstrated that they are vibrant, talented, truthful, and diligent in a variety of disciplines. Their ongoing efforts and contributions to the country’s progress have demonstrated that women are not inferior. Women who are educated and contemporary have let go of their inhibitions and concerns. Females have demonstrated to the world that they can be successful as mothers as well as professionals, academics, bureaucrats, and politicians. However, in previous ages, women could not be so tough and furious. In reality, they were exposed to numerous difficulties and were denied their human rights. Although numerous places in the world still reflect no changes, there has been some progress in the condition of women, and governments and other organisations are also realising the need of preserving women’s human rights.

While India struggled to break free from the constraints of the British Raj, women stepped forward to share the burden. Rani Laxmibai represents the zenith of female strength and courage. Several freedom fighters, including Sarojini Naidu, Sucheta Kriplani, and Vijay Laxmi Pandit, were pivotal in the Indian independence struggle. The woman’s astonishing display of bravery and persistence hinted at her hidden abilities. Mary Kom, Sania Mirza, Saina Nehwal, and Sumitra Mahajan have all made significant contributions to their sports. Modern Indian women have honed their talents and launched a life-long battle against societal restraints, emotional attachments, religious obstacles, and conventional clutches.

Despite these accomplishments, many obstacles remain: harsh laws and societal norms persist, women continue to be underreported at all levels of political leadership, and one in every five women and girls aged 15 to 49 report sexual and physical assault by an intimate partner within a year.

PLIGHT OF WOMEN AND VIOLATION OF THEIR RIGHTS

Women’s feminist groups have worked tirelessly for many years to address these societal injustices, organising support for legislative reform or protesting in the streets to demand that their rights be honoured. New movements have blossomed in the internet era, including the #MeToo campaign, which also emphasises the prevalence of sexual identity abuse and assault. Here are a handful of the many women’s rights abuses that she faces daily:

1. Inequality of Gender

2. Violence against women

3. Sexual Harassment and Violence

4. Discrimination at work

5. Over 500,000 women die each year as a consequence of pregnancy and maternity care-related causes.

6. HIV infection rates among women are increasing at an alarming rate. Because of their financial and social vulnerabilities, young women now make up the bulk of newly infected people aged 15 to 24.

7. Sexual identity abuse kills and disables as many women between the ages of 15 and 44 as cancer. Perpetrators are often unpunished.

8. Globally, women are twice as likely as males to be illiterate.

9. As a result of their working circumstances and characteristics, a disproportionately significant percentage of women are destitute in both developing and affluent countries.

EFFORTS TOWARDS RECOGNISING WOMEN’S RIGHTS BY THE GLOBAL COMMUNITY

UN Women is a United Nations organisation committed to gender equality and women’s empowerment. UN Women was established to accelerate progress in meeting the needs of women and girls worldwide. It works internationally to make the Sustainable Development Goals vision a reality for women and girls, and it advocates for women’s equitable involvement in all aspects of life via four key goals.:

• Women lead, participate in and benefit from governance systems on an equal footing.

• Women and girls participate in, and have a greater impact on, creating long-term peace and resilience, and they benefit equally from natural disaster and conflict prevention, as well as humanitarian assistance.

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979) is a landmark international treaty that tackles gender discrimination and offers particular protections for women’s rights. The agreement established a global charter of women’s and girls’ rights, as well as governments’ responsibilities to guarantee that women may enjoy those rights.

UN Women has devised a rapid and focused response centred on five priorities to reduce the impact of the COVID-19 disaster on women and girls while also ensuring long-term recovery benefits them:

1. Gender-based violence, particularly domestic abuse, is minimised and decreased.

2. Social security and economic stimulation programmes assist women and girls.

3. People believe in and practise equal sharing of caring responsibilities.

4. COVID-19 contingency planning and decision-making are led by women and girls.

5. Gender perspectives are incorporated into data and coordination approaches.

In 1946, the United Nations Economic and Social Council formed the Commission on the Status of Women to produce recommendations and reports to the Council on strengthening women’s rights in politics, economics, social order, and education.

THE INDIAN PERSPECTIVE OF WOMEN’S RIGHTS

In the post-independence era, political authorities recognised the importance of women’s liberation in the country’s growth. They recognised that a country’s prosperity cannot occur until women are given equal rights. Unfortunately, the target has yet to be met. Men continue to fail to give women the credit they deserve. It is past time for society to change its perspective on women. Professionally, they must be regarded as equals with their male counterparts.

Because coordinated and integrated measures are essential to ensure the survival, safety, and empowerment of girls, the government has launched the “Beti Bachao, Beti Padhao” programme. Sukanya Samridhi Yojana, a modest deposit plan for the female child, was also introduced as part of the Beti Bachao, Beti Padhao campaign, to prevent gender-biased sex selection elimination and assure the survival and protection of a girl child. Other initiatives include Mahila-E-Haat (a women’s online marketing platform), Mahila Shakti Kendra (a rural women’s empowerment organisation that provides skill development, digital literacy, employment, and health care), and UJJWALA (a women’s empowerment initiative) (scheme for prevention of trafficking and rescue, rehabilitation of women).

The Indian government has currently created and implemented a total of legislation empowering women and girls. These are:

• The Prohibition of Child Marriage Act,2006
• Sexual Harassment of Women at Workplace Act, 2013
• National Commission for Women Act, 1990
• Indecent Representation of Women ( Prevention) Act, 1986
• Equal Remuneration Act,1976
• Medical Termination of Pregnancy Act, 1971
•  Indian Divorce Act, 1969
• Dowry Prohibition Act,1961
• Medical Termination of Pregnancy (MTP) Act ,1971
• Special Marriage Act, 1954

WOMEN’S HUMAN RIGHTS UNDER CONSTITUTIONAL FRAMEWORK

• Article 14 guarantees the right to equality.
• Right against Discrimination- No citizen should be subject to any handicap, liability, limitation, or condition, based solely on religion, race, caste, sex, place of birth, or any combination of these factors
• Consider stores, public restrictions, hotels, and public entertainment venues. The usage of wells, tanks, bathing Ghats, highways, and public resorts is funded entirely or partially by state money or is devoted to the general public. However, under Article 3(3), the state may make special provisions for women as an exemption to the non-discrimination requirements.
• Equal Opportunity in Public Employment- Women have equal opportunities in government employment because there is fairness and equality for all common people, whether males or females, in respect of employment, occupation, or appointment to any office under the state, and no citizen can be unqualified for or discriminated against in respect of any employment or office under the state solely based on religion, race, caste, sex, descent, place of birth, residence, or national origin.
• Right to Freedom of Expression- Women have the right under Article 19 (1) (a) of the Indian Constitution to speak out on any issue that affects them.
• Right to work- Recognizing such a right in its structure, the Indian Constitution, in article 19 (1) (g), grants the right to work to Indian women by giving freedom of employment, profession, and business to all citizens.
• Right to Life and Personal Liberty- Article 21 of the Indian Constitution guarantees all women and men the right to live freely.
• Right against Exploitation- Article 23 of the Indian Constitution safeguards against human trafficking and bonded labour, acting as a safeguard for women’s protection and ensuring their right to work.
• Right to Livelihood- Article 39 (a) states that all citizens, men and women alike, have the right to an adequate means of subsistence. Article 23(3) of the UDHR recognises the same right, stating that everyone who works has the right to reasonable and favourable payment.
• Equal Pay for Equal Labor- Article 39 (d) of the Indian Constitution states that the state should, in particular, direct its policies toward ensuring equal pay for equal work for both men and women.
• Just and Human Working Conditions and Maternity Relief- Article 42 of the Constitution states that the state must provide for just and humane working conditions as well as maternity leave.
• Right of Constitutional Remedies- If any of these fundamental rights are violated, the aggrieved woman can approach the Supreme Court and High Court and file a writ petition under Article 32 and Article 226 to seek redress; however, there is no such mechanism available in the case of Directive Principles of State Policy, which are not enforceable by any court with writ jurisdiction.

CONCLUSION AND SUGGESTIONS

Despite these accomplishments and improvements, there are still considerable issues with implementing these standards. These are graphically shown in the Secretary General’s assessment of conflict-related sexual assault in 2012. Gender-based violence prevails in many settings, and women have restricted access to justice, decision-making, and resources. Previous Secretary-General reports also emphasized the remaining barriers to women’s participation in peace processes and presented extensive ideas and policy measures for United Nations agencies to overcome these barriers more effectively in partnership with other stakeholders.

These unresolved challenges highlight the value of a holistic approach. Because human rights are linked and interdependent, women and girls’ rights in war and post-conflict settings must be prioritised, including civil and political rights as well as social, economic, and cultural rights. The same holds for peace and reconciliation reforms: safeguarding the human rights of all women and girls is important for comprehensive post-conflict development.

For example, achieving socioeconomic rights is crucial for decreasing gender-based violence and allowing women to take more active roles in reconciliation. Absolute poverty and unequal access to land, property, education, and services have been mentioned as reasons for women’s low participation in peace processes and politics, and structural differences, notably socioeconomic inequality, are regularly recognised as underlying causes of gender-based violence. As a result, treaties such as the Convention on the Elimination of All Forms of Discrimination Against Women and the International Covenant on Economic, Social, and Cultural Rights play an important role in ensuring women’s rights during and after the war.

CITATIONS

1. Sustainable Development Goals, https://www.un.org/sustainabledevelopment/gender-equality/
2. Women’s Rights- Amnesty International, https://www.amnesty.org/en/what-we-do/discrimination/womens-rights/
3. United Nation Population Fund; study on the Human rights of Women, https://www.unfpa.org/resources/human-rights-women
4. UN Women, https://www.unwomen.org/en/about-us/about-un-women   

The article is written by Ajita Dixit, who has graduated from ILS, Dehradun and is presently pursuing Master’s in Law.

Human Trafficking is the illegal transportation of human beings from one place to another against their will or by use of force or by luring them in under a misconception. It is aimed at the use of a class of persons for forced labour, sexual exploitation and many other activities that benefit in economic terms. It is considered a social problem as it violates the human rights granted to citizens of every nation, it also adds to global health problems, and the organized crime rate. The Act itself is of such heinous nature that it was called ‘Flesh Trade’¹. Victims of human trafficking may suffer for a longer duration of time. The Act itself puts a big question mark on the security of countries.

LAWS RELATED TO HUMAN TRAFFICKING

INDIAN CONSTITUTION

Article 23: Provides that trafficking in human beings, the begar and other forms of forced labour are debarred by the Indian Constitution under this Article and if someone violates this law, he/she shall be punishable by law. The only exception to this rule is that the state can impose obligatory service on its citizens without making any discrimination on grounds of race, caste, religion, class, or gender.

As per the case of People’s Union for Democratic Rights v. Union of India^2, the term forced labour was defined by the court as ‘the labour that one performs against his/her will or the job he/she is doing is not paying the minimum wage to the worker’. The state is bound to protect citizens from heinous offences like this by taking immediate and effective action against it and under Article 35 of the Indian Constitution, the Parliament has the authority to make laws that punish the offender of Article 23. Acts like the Suppression of Immoral Traffic in Women and Girls Act, 1956 and the Abolition of Bonded Labour System Act, 1956.

Article 24: It forbids children below the age of 14 years to be employed in any factory or mine or any other hazardous arrangement for employment. Whereas, employment in non-hazardous industries is permissible.

In pursuance to provide protection under this article, certain Acts were passed by the Government of India:

The Factories Act, 1948: First act to be passed after independence to define the minimum age limit for children who work in factories i.e., 14 years. Later, amended and provided the minimum age of work as 17 years at night.

The Mines Act, 1952: Forbids the employment of children below the age of 18 years in mines.

Bonded Labour System (Abolition) Act, 1976: This act provides for the protection of weaker sections of society economically and physically. Providing the punishment for those who are involved in acts of bonded labour. The government provides compensation to the victims of bonded labour and rehabilitation³.

The Child Labour (Prohibition and Regulation) Act, 1986: This act provides a detailed view of places where children are allowed to work and where not. This act provides a list of 13 places and 57 processes where children are not allowed to work. 

Child Labour (Prohibition and Regulation) Amendment Act, 2016: This act prohibits the employment of persons who have not completed the age of 14 years. Also, a complete ban on persons between the age of 14 and 18 years working in hazardous factories.

Child Labour (Prohibition and Protection) Amendment Rules, 2017: This provides an overview of prevention, protection, rescue, and rehabilitation of children and adolescent workers and also provides fixed working hours and other environment-friendly conditions for working.

IMMORAL TRAFFIC (PREVENTION) ACT, 1956

Section 3: Provides punishment to a person responsible for having a brothel or renting someone a place to be used as a brothel.

Section 4: Punishment for those who are above the age of 18 years and living on the allowances that come through someone being a prostitute.

Section 5: Punishing those who are involved in inciting a person for the sake of prostitution.

Section 6: It punishes the one who detains another person with or without their consent to any brothel or any place that is for prostitution with having an intention that the person who is detained is to have sexual intercourse with any person who is supposedly the spouse of the detained person.

Section 7: Any person who carries out prostitution or the other person with whom the prostitution is carried out is in the proximity of public places including hospitals, clinics, hostels, education institutes, or in any other area i.e., mentioned in provisions of this act is punishable with a term of imprisonment of 3 months.  

Section 8: Luring someone for the purpose of prostitution in first conviction punishable with imprisonment of 6 months and a fine up to Rs. 500. In case of second conviction imprisonment of a year inclusive of fine of Rs. 500.

Section 18: Magistrate has the power to order the immediate closing of a location used as a brothel and located within 200 Meters radar to any public place. The owner is only given 7 days to evict from such a place.

Section 20: Magistrate has the power to order any person who is in the profession of prostitution and residing in any area within the jurisdiction of the concerned Magistrate to be present before the court and show cause why he should be allowed to continue to live in that area.

Section 21: State government may direct and establish enough protective homes and corrective institutions and their maintenance as mentioned under this act. If the procedure is not followed as mentioned in the act, may be liable for punishment.

Section 22A: If the State government believes that cases related to offences mentioned in this act should be decided through speedy trial, it may along with consultation of the state High Court may establish more courts for Judicial Magistrate First Class or Metropolitan Magistrate in any such area.

Section 22B: Irrespective of anything that is mentioned in CrPC state government has authority to direct the trial of any offence mentioned under this act shall be done in a summary way by the magistrate.

Supreme Court passed an order in the case of Gaurav Jain v. Union of India³ that a committee must be constituted for an in-depth study of problems faced by prostitutes, child prostitution, and children of prostitutes and help them through suitable schemes that help in their rehabilitation in society.

INDIAN PENAL CODE, 1860

Section 360: Whosoever he/she may take any person beyond the premises of India without his consent or any other person who is authorized to give consent on behalf of that person is called an offence of kidnapping a person from India.

Section 361: Whoever lures or takes a minor i.e., under the age of 16 years for males and under the age of 18 years for females or any other person who is incapable of giving his consent is stated as kidnap a person from the custody of his lawful guardianship.

Section 362: Any person who got trafficked is also a victim of abduction as the person was forced to move from a place of his/her choice.

Section 363A: Prescribes the punishment for those who kidnap and cripple a person of minor age for purpose of begging.

Section 366A: Provides punishment for any person who entices any minor girl to move from one place to any other place where she may be forced to have sexual intercourse with another person.

Section 370: Punishment for the persons who are involved in the trafficking of human beings and in any other acts related to human trafficking.

Section 372: If any person who sells disposes of, or lets her be hired for the purpose of prostitution any person who is below the age of 18 years shall be liable for imprisonment for up to 10 years with a fine.

Section 373: If any person buys, obtains, or hires any person who is below the age of 18 years shall be liable for imprisonment for up to 10 years with a fine.

GOVERNMENT’S ATTEMPT

The Ministry of Home Affairs of India has introduced a scheme ‘Strengthening Law Enforcement Response in India Against Trafficking’ under the scheme 330 Anti Human Trafficking Units will be established throughout the country and training would be given to up to 10,000 police officers. Funds as the first instalment for the same were released by the government in the year 2010-2011 to all state governments. Around 85 units have already been established all over India.

Ministry of Women and Child Development provides a scheme called ‘Ujjawala’ that provides for measures to be taken for preventing human trafficking, rescue, and rehabilitation of the victims. With the help of funds granted for scheme 101 centres that provide for rehabilitation and can be home to 4056 victims.⁴

CONCLUSION

Supreme Court claimed that when a child is given in adoption, he/she must be treated well and great care must be taken especially in cases of inter-country adoption so that the child must have moral security and must not end up being a product of sale and purchase for the foreign parents⁵. Even after the implementation of many schemes by the government of India still records more than 5,000 registered cases of human trafficking for a year and India comes under Tier 2 in the index of human trafficking meaning a moderate level of crime. While some people do not even register FIR for the offence due to lower rates of successful conviction in the cases.

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CITATIONS

1. Vishal Jeet v. Union of India 1990 AIR 1412.
2. 1982 3 SCC 235.
3. 1997 8 SCC 114.
4. Bandhua Mukti Morcha v. Union of India, 1984 AIR 802.
5. Laxmi Kant Pandey v. Union of India, 1984 2 SCC 244.

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This article is written by Simran Gulia currently pursuing a BA LLB from Maharaja Agrasen Institute of Management Studies.

INTRODUCTION

The pandemic of Corona Virus (COVID-19) hit India recently and the associated uncertainty increasingly tested the psychological resilience of the masses. When the global focus has mostly been on testing, finding a cure, and preventing transmission; people went through a multitude of mental problems in adjusting to their current lifestyles and fear of the disease.

SITUATION PRIOR TO THE PANDEMIC

The government’s National Mental Health Survey reported that about 10 percent of adults meet diagnostic criteria for a mental health condition (ranging from mood and anxiety disorders to severe mental illness). The Global Burden of Disease study estimated that nearly 200 million people in India have experienced a mental disorder, nearly half of whom suffer from depressive or anxiety disorders. India accounts for more than a third of the female suicides globally, nearly a fourth of all male suicides, and suicide has been the leading cause of death in young Indians.

THE PANDEMIC

The Covid-19 cases first erupted in China and in no time the cases could be seen throughout the world. With the increase in cases so rapidly, a pandemic was declared and a nationwide lockdown was imposed in India. This pandemic resulted in 2 phases of impact on the mental health of the people. The first phase was when the pandemic surged throughout the country. The cases and acute severity of the transmission. The second phase was basically the economic fall down of the country which got deeper with an increasing number of cases. The virus terrified the people of dying or their loved ones getting contracted the infection. They are even agitated with the whole social distancing, isolation and several precautions that are expected and being followed by the people in order to stay protected.

Covid-19 enables us to witness something that our generation had never seen before. The nationwide lockdown, the devastating no. of surging cases, bans on social gatherings, a lot of precautions, fixed hours to buy essentials and the whole catastrophic situation at the hospitals for medical help. Indian Medical Facilities hit rock bottom when the cases became uncontrolled but resurrected once the solution was found. People started to go along with the home remedies, the easier, healthier and more accessible options to stay fit and fight the virus.

In the First-ever nationwide lockdown, the roads went empty, shops closed, no possible human could be seen, tight security of police personnel and the introduction of masks in our lives were few of the instances that every Indian experienced. With all this came the difficult part, the lives of poor people just got worse, the daily wagers, migrant workers, beggars, and street animals just got stranded. More than Covid, surviving the lockdown was the only resort left to them. Below mentioned are the various challenges that were faced by people during the Covid era.

THE CHALLENGES

• THE PLIGHT OF MIGRANT WORKERS

The Migrant Workers were forced to migrate back to their villages with no money or job in hand. They were completely clueless about how to earn their bread and butter and look after their family. The families too welcomed them although there were apprehensions about them bringing back the virus from the cities. There was soon a substantial increase in the population of the villages and the locals were afraid that the migrants might start to claim a stake in their property. The poor were though strained as to their limited resources and one time meal for the entire family would be a blessing for them.

The adjustments with the migrants were also tough. There were basically two categories of migrant workers, firstly the unskilled ones like the labors and mazdoors, who availed work under MNREGA and managed to get ration. The second category was those semi-skilled workers like those working in factories and bearing some skill. The adjustment was tough for them and they were the ones who started to develop psychological issues and mental trauma.

While the government focused on providing food and essential supplies to people, there were still no facilities for mental health treatment. With the increasing no. of cases, NGOs like PANI, a social development organization working in underdeveloped regions of Uttar Pradesh, started to arrange counseling and clinical treatments for those affected. Health camps, providing medicines that people could not afford due to lack of money, sufficient check-ups and Therapy sessions were conducted after a survey of the no. of migrant workers that got migrated in the pandemic.

The question was also raised as to the violation of Human Rights when a complete lockdown was imposed on such short notice. There was no chance provided for such lower income group people to arrange their survival. They lost their jobs and the only source of income that kept their family afloat. They have to leave their cities and many returned to their villages on foot since there was no availability of transport. They were given no recourses to survive. No doubt the poor ravaged the major brunt of the pandemic.

• THE WOMEN STIGMA

The continuing surge in cases of Covid took a heavy toll in the second wave than the first. The second wave was truly a disaster. As a matter of fact, the rural fatalities were disproportionately higher in men than in women. Several women became widows and lost the breadwinner of their family and suffered a double burden of grief and survival. The rural population majorly depends upon agriculture and with no source of income, even women resort to agriculture for survival as it could very well be seen, that the virus might be gender-neutral, but its effects were not. The women faced disparity in land ownership. They were included in the unpaid agriculture labor force even under adverse conditions without any decision-making power. Single women were stigmatized, marginalized, and excluded both in the sphere of community and government policies. The Patriarchal society clearly showcases that with the death of a male member there come many social sanctions and restrictions that disadvantage the women. Women are either compelled to waive off their land rights or their voices are unheard of or suppressed by society. There is a wide gap between the enabling legal framework and the actual extent to which women’s land rights are exercised.

• THE WHO REPORT ON MENTAL HEALTH AND COVID-19: EARLY EVIDENCE OF THE PANDEMIC’S IMPACT

The World Health Organization published a report wherein it emphasized the impact of Covid 19 that is been generated on the mental well-being of the people throughout the world. The cases of Suicides, self-harm, Depression, Mental Trauma and stress, physical and mental exhaustion, sleep disturbances, and physical and mental exhaustion. The data even indicated that there is a higher risk of suicidal behavior in the young generation. The report also stated that the risk of severe illness and death from COVID-19 was higher among people living with mental disorders. There is no consistent evidence that people living with mental disorders were more susceptible to COVID-19 infection. Inadequate infrastructure, pre-existing inequalities, and low levels of technological literacy were reported e-health barriers.

• COVID-19 AND THE INCREASE IN DOMESTIC VIOLENCE AGAINST WOMEN

Covid-19 unveiled the existing inequalities in families and society and exacerbated the structural factors that contribute to domestic and intimate partner violence. Even the UN Secretary-General appealed to the leaders of Member states to put ‘Women’s Safety First’ and to build gender-responsive measures in their plans to address the Covid Challenge. The National Commission for Women (NCW) reported a two-fold increase in complaints relating to Domestic Violence since the imposition of lockdown. Data from National Legal Services Authority (NALSA) observed an increase in cases of domestic violence during the lockdown. Complaints of rape or attempted rape have risen sharply. The Childline India Helpline 1098 recorded that of the 3.07 lakh calls received by the helpline for children in distress across the country. A national collective of sex workers reported that close to 60% of sex workers had to return to their home states due to the threat of COVID-19.

Research undertaken by a Think Tank on the virus’s impact on slum communities in Mumbai, India’s financial capital and one of the biggest COVID-19 hotspots, reveals that with the lack of basic infrastructure, women from urban poor households are queuing up for long hours, most often during the early morning when still dark, to collect water from community taps. Many women are also buying water from the black underground markets that operate in the wee hours of the morning and often face sexual and verbal harassment.

With the increase in domestic responsibilities and household care due to the COVID-19 outbreak, where women also tend to eat the least and the least, the financial strain and food storage have severely impacted women’s health and nutrition more than men.

The trauma of women migrant workers has been invisible in media reports as has been the response and relief measures by the Government and others. A state-wide survey by a Karnataka-based organization reported that over 60% of surveyed women (284 of 1387 respondents were women laborers, sex workers, and trans-persons), and did not have access to basic medical treatment, food, and incomes due to the lockdown.

• DOCTORS AND FRONTLINE WORKERS

A survey of 152 doctors found that more than a third of them are experiencing depression and anxiety due to the pandemic. Frontline workers are reportedly burdened by over-work, and anxious about contracting the virus.

RESPONDING TO THE CRISIS

There had been proliferating initiatives that were introduced to address the growing mental distress and health issues among the people such as Telemedicine Platforms which would be available 24*7 for medical supplies, and telepsychiatry consultations. Several Central Government initiatives were launched whereby persons with mental illness were provided with electronic medical prescriptions, although this was not much fruitful for the rural population. Several non-profits, private hospitals, and universities have set up helplines and e-counseling—for example, the Neptune Foundation, Trijog, Mastermind Foundation, Samaritans, Jamia Millia Islamia, and others.

The pandemic and the lockdown were a timely opportunity for all those who are concerned and are a part of it to reunite and address the issue of mental health care along with containment of the pandemic. There should be an acknowledgment of the several ways by which mental health gets affected and one must go beyond the narrow, disease-based models of mental healthcare.

This article is written by Ajita Dixit, who graduated from ILS, Dehradun, and is currently pursuing her Master’s in Law.

INTRODUCTION

The privileges of LGBTQ have consistently been an easy to refute theme in India in any case, the LGBTQ people group acquired the highest level of consideration of general society after the verdict of the Honorable Supreme Court of India in September 2018, in which gay sex has been decriminalized which had been banned under an 1860 law forced by the British. The word ‘LGBT’ represents Lesbian, Gay, Bisexual, and Transgender. Prior, the LGBTQ people group was known as a Gay people group, yet later on, different kinds of gay individuals and their networks likewise turned out to be essential for this and presently combinedly alluded to be as LGBTQ[1].

PROBLEMS FACED BY LGBTS IN INDIA

The problems faced by the LGBTQ in India incorporate –

Separation: Discrimination is the major issue for LGBTQ. They are discriminated against in terms of education, employment, entertainment, justice, etc.

Disregard: They are affronted in each part of life besides in a couple of cases like after the introduction of a kid for their gifts or to favour the recently married couple.

Discouraged: These individuals are dealt with gravely or mistreated by individuals in power. They are inclined to battle for civil rights due to their way of life as Transgender.

Youngster Nabbing: This people group consistently looks for those children/babies/kids who are brought into the world with this component of Transgender. When they come to know, they attempt to seize the kid from their folks.

Prostitution: They are compelled to enter the calling of prostitution by their local area, companions, or family members. Indeed, at times, it is seen that their folks are associated with it.

Driven away from parental home: Once their character is recognized, they are constrained and compressed to leave the parental home by society as they can’t be an integral part of ordinary local area and class.

Undesirable consideration: People focus on LGBTQ out in the open. They attempt to cause the situation by annoying, rebuffing, manhandling, or reviling them.

Dismissal of section: They are dismissed to get enter strict spots, public spots like lodgings, eateries, theatres, parks, and so forth.

Assault and verbal and actual maltreatment: This is the most widely recognized Transgender individuals face. They are inclined to confront assault followed by a physical and boisterous attack.

Absence of instructive offices: Like typical individuals, they are not qualified to take training in schools and universities. Indeed, even as far as instruction, they are dealt with unexpectedly.

STI and HIVAIDS issues: The term ‘MSM’ represents Men who engage in sexual relations with Men. Along these lines, Transgender is probably going to have issues like STI and HIVAIDS. Most Transgender has a place with lower financial status and has low education level. It looks to have inappropriate medical services.

Illegal exploitation: Transgender has a place with the most ignored group. That’s why they are inclined to deal with the issue of illegal exploitation too.

Social Exclusion: The serious issue in the entire cycle is that they are socially prohibited from society. They are rejected from taking part in friendly, social, and financial life. To sum things up, they are avoided from –

1. Economy, work, and vocation openings
2. Avoided from society and family
3. Absence of assurance from viciousness
4. Confined admittance to schooling, medical services, and individual consideration
5. Restricted admittance to public spaces
6. Restricted admittance to collectivization
7. Freedoms of Citizenship
8. Avoided navigation
9. Absence of federal retirement aide

ACKNOWLEDGED RIGHTS BY THE SUPREME COURT FOR LGBTQ

On 6th September 2018, the Supreme Court of India unanimously struck down a part of Section 377 of the Indian Penal Code, 1860 in Navtej Singh Johar and Ors. v. Union of India (2) which condemned sex against the nature request to avoid a wide range of grown-up consensual sexual conduct. Section 377 has been reprimanded for oppressing, and lopsidedly influencing, the LGBTQ people group, and for not being in line with current ethical quality.

In this judgment of the Supreme Court, the accentuation was on the basic right of gay people to live with respect, without the disgrace connected to their sexual direction, with equivalent pleasure in freedoms under India’s constitution, and equivalent assurance under the law.

The choice of SC on decriminalization of Section 377 depended on essential grounds under the Constitution – for example, on

1. Right to equality under Article 14;
2. Right against discrimination under Article 15;
3. Right to freedom of speech and expression under Article 19; and
4. Right to privacy under Article 21 (1).

• Right to Equality

Article 14 of the Constitution of India, even though permits that differentiation can be drawn, yet in addition commands that such a qualification should be founded on clear differentia. The Supreme Court held that there was no comprehensible differentia between individuals “who as far as anyone knows to participate in ‘normal’ intercourse and the people who take part in ‘bodily intercourse against the nature request”.

• Right against Discrimination

Article 15 of the Indian Constitution keeps the state from oppressing any resident just on the grounds of sex, religion, race, position, or spot of birth. In the Navtej Johar Case, Supreme Court held that any ground of segregation, regardless of whether immediate or aberrant, which is established on a specific comprehension of the job of the sex, comprises separation under Article 15. In this manner, Section 377 was held to be unfair under Article 15.

• Right to Freedom of Speech and Expression

Article 19 of the Indian Constitution manages the Protection of specific privileges in regards to the right to speak freely of discourse and articulation to all residents. In the Navtej Johar Case, Supreme Court noticed that Section 377 doesn’t qualify as a sensible limitation on a singular’s right to speak freely and articulation (3).

• Right to Privacy

Article 21 of the Indian Constitution peruses, “No individual will be denied of his life or individual freedom besides as per a system set up by law.” This article accommodates the security of life and individual freedom as a crucial right to all residents of India. The Supreme Court found Section 377 to abuse these protected freedoms as the right to security couldn’t profit from the LGBTQ people group individuals.

After the memorable verdict of the Supreme Court, India places itself in the rundown of those rights around 150 nations where gay action is lawful. The decriminalization of Section 377 by giving equivalent central freedoms to the LGBTQ people group as that of different residents was the initial move towards perceiving the privileges of the LGBTQ people group in India.

CONCLUSION

“Not exclusively should Justice be done; it should likewise be believed to be finished.”

From the previously mentioned cases, we can express that our Indian Judiciary has been pushing forward in the accomplishment of the said expression steadily. All central privileges given to residents are allowed to LGBTQ Community by our Judiciary and by regarding this local area as socially and instructively in reverse classes of society and making uncommon arrangements, by law, would assist with individual freedom and nobility. Presently, our Indian culture ought to likewise begin tolerating them as ordinary people and treat them similarly with nobility.

ENDNOTES

1. LGBT RIGHTS IN INDIA. www.lawcolumn.in. [Online] May 14, 2020. https://www.lawcolumn.in/lgbt-rights-in-india/.
2. NAVTEJ SINGH JOHAR & ORS. VERSUS UNION OF INDIA THR. SECRETARY MINISTRY OF LAW AND JUSTICE. Indian Kanoon. [Online] https://indiankanoon.org/doc/168671544/.
3. PROBLEMS OF TRANSGENDER IN INDIA: A STUDY FROM SOCIAL EXCLUSION TO SOCIAL INCLUSION. www.academia.edu. [Online] April 04, 2017. https://www.academia.edu/33006703/PROBLEMS_OF_TRANSGENDER_IN_INDIA_A_STUDY_FROM_SOCIAL_EXCLUSION_TO_SOCIAL_INCLUSION.

This article is written by Sara Agrawal student at Sinhgad Law College, Pune

About the Law school

The Rajiv Gandhi National University of Law (‘RGNUL’), Punjab was established as a National Law University by a legislative act of the state of Punjab in 2006 in order to fulfill the need for a centre of excellence in legal education.
It endeavours to serve the society through reforms in legal services by way of preparing professionally competent lawyers, inquisitive researchers, able administrators, conscientious judicial officers, and above all, socially responsible citizens, who shall be whole-heartedly and continuously engaged in the process of nation-building. In line with its objectives, the University does not only offer various courses but also fosters various centres which aim to promote legal excellence through research.

ABOUT CASIHR

The Centre for Advanced Studies in Human Rights (‘CASIHR’) is a research centre under the aegis of RGNUL, Punjab. The Centre’s primary objective is to undertake, support and promote advanced study and interdisciplinary research on the emerging trends in human rights and its allied fields. It endeavours to encourage debates and discussions on the matters that gyrate around the human rights at regional, national and international level so as to contribute paradigm shift in the cognitive understanding of these issues.

CALL FOR PAPERS

The Centre for Advanced Studies in Human Rights (‘CASIHR’), Rajiv Gandhi National University of Law, Punjab invites articles, case comments and book reviews for Volume 5, Issue 2 of the CASIHR Journal on Human Rights Practice (‘CASIHR JHRP’).
To provide a platform for more pointed, specialized and diverse inputs and analyses, the adherence to a rigid thematic issue has been dispensed with. Therefore, this particular volume is not theme specific in nature and authors are free to write on any topic relevant to the field of Human Rights.
The manuscripts received will, after initial screening, go through a double blind peer review process by relevant academicians and experts. Final selection will be based on the aforementioned process.

Submission Details

THEME

Authors are free to write on any subject of their choice provided it remains within the ambit of Human Rights and adds to contemporary discourse regarding the same.

DEADLINE FOR SUBMISSION

28th October 2021

SUBMISSION GUIDELINES

Submissions can be made under the following heads:

• Long Articles – Word limit of 6000 words.
• Short Articles – Word Limit of 4000 to 4500 words.
• Case Comments – Word Limit of 1500 to 2000 words.
• Book Reviews – Word limit of 2000 to 2500 words.

The word limit is exclusive of footnotes.
Our forum is an egalitarian space and submissions are welcome from human right researchers, academicians, practitioners, members of civil society organizations and policymakers.

Submission format

All the contributors must adhere to the following guidelines:

• All Submissions must be accompanied by an abstract not exceeding 300 words.
• The body of the document must be in Times New Roman with a font size of 12 and Line Spacing of 1.5.
• All the footnotes should be in Times New Roman, Font Size 10 and with single line spacing.
• The citations must conform to The Bluebook: A Uniform System of Citation (20th Edition).
• Co-authorship is permissible up to a maximum of two authors.
• All submissions are required to be mailed in .doc/.docx format only.

Submissions which do not adhere to the guidelines provided shall not be considered for review. Submissions which meet all the requirements would go through a peer review process conducted by academicians, professionals and other experts in the field of Human Rights and only the recommended works would be published.

All the submissions must be mailed only to casihr@rgnul.ac.in with a cover letter
specifying the following:

• Name of Author(s)
• Designation
• Name and Address of Institution
• Contact Details– Address and Mobile Number

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