Human rights are a practical expression of social justice

Feb 19, 2025

By Jesuit Father Myron J. Pereira
Most of us are very sensitive to social justice issues, and UN organizations remind us of this at various times during the year. Within social justice however, nothing makes for a more substantive democracy than the observance of human rights.

When we think of democracy, we think of free and fair elections, a political connotation.

But beyond the narrowly political, societies are also judged on their socio-economic values — on the religious space they offer, on the opportunities for material and spiritual growth, especially if not based on caste or creed, but solely because they are fellow human beings.

For human rights are the practical implementation of all what democracy stands for. Amnesty International asks that all political parties consider these five areas when campaigning for change.

1. Protecting people's rights to freedom of speech and expression, and privacy.
In India, this means repealing Section 124/A [sedition] and Section 499 [criminal defamation] of the Indian Penal Code and other provisions that unduly restrict the right of freedom of expression.

The above laws were enacted during British times, when we were a subject people. They have no place in a free society.

We must ensure that law enforcement authorities uphold their duty to protect all whistle-blowers, journalists, artists, activists, and others who face threats, violence and intimidation for their speech or writings.

Further we need to ensure that any governmental measures that interfere with privacy — including those associated with the Aadhaar biometric project — are proportionate to the ends proposed, and are always subject to judicial review and supervision.

How easily democratic governments turn autocratic!

2. Curbing discrimination and violence based on gender identity and sexual orientation
In many ways, sex is the last frontier of oppression and control. Most societies assiduously practice freedom in matters of politics, economics, and social identity but rigorously control sexual behavior and gender identities.

In India, we need to criminalize marital rape which alleges that wives too are forced to submit to sex "against their will" from their legitimate spouses — rape, in other words (Sec.375 of the IPC).

We also need to work to recognize transgender people's right to self-identification and to revise the Transgender Persons (Protection of Rights) Bill 2018 to align with Supreme Court rulings and international human rights law.

Implement laws and policies to prevent all forms of gender-based violence, including online violence and abuse, and sexual harassment at the workplace.

It means that governments should provide specialized training to police officials, doctors, lawyers, judges, and others working in the criminal justice system to ensure that all investigations, prosecutions, treatment, and medical examinations of survivors of gender-based violence respect their rights and dignity.

3. Ensuring justice for Dalits (oppressed groups), Adivasis (tribal groups), and religious minorities who have faced human rights abuses.
Bring to justice all those responsible for human rights abuses. It includes political leaders, police, or government officials whenever incidents of mass violence against marginalized communities or religious minorities take place.

In recent years, there has been violence against the Sikhs in Delhi (1984), against Christians in Kandhamal (Orissa, 2008) and Manipur (2023), and against Muslims in Gujarat and elsewhere (2002).

Ensure that the data on such crimes is not only collected but that it is made publicly accessible.

4. Improve the functioning of the criminal justice system, and the use of the death penalty.
The justice system is where wrongs are redressed. Despite much public posturing in India, the whole legal system is decrepit and just one step away from total collapse.

It has often been said that in India, the police are the most organized group of law-breakers. It reflects not just on their poor training, but also on how their political masters have corrupted the whole system.

The urgent need is for police officials to have continuous professional training, especially in the use of firearms and in the investigative process.

Enact a law against torture and ill-treatment in custody, and bring India in line with the UN Convention against Torture. Investigate all cases of alleged custodial rape and torture, and establish mechanisms to inspect all places of detention.

Similarly, judiciary reform is needed: more judges to fill vacancies in the high and lower courts and to reduce the length of criminal trials.

5. Build a culture of respect for human rights in India and reject all public decisions based on caste, class, and religious sentiment.
To live and work in a climate of mutual respect and fair play towards all, we must ensure that education promotes equality, dignity, respect, and participation.

For this to happen, private and public schools must institutionalize human rights education in their curricula, co-curricular activities, school policies, and everyday practices.

Even more, TV channels, other entertainment and public media should promote a culture of respect and tolerance.

India has a long and arduous journey from being a nominal "electoral" democracy to a real "substantive" democracy. For this, the role of human rights cannot be stressed enough.

As we stated at the beginning, attention to human rights is social justice in practice.--ucanews.com