Human rights in India

Human rights in India is an issue complicated by the country's large size and population as well as its diverse culture, despite its status as the world's largest sovereign, secular, socialist democratic republic. The Constitution of India provides for fundamental rights, which include freedom of religion, freedom of speech, as well as separation of executive and judiciary and freedom of movement within the country and abroad. The country also has an independent judiciary as well as bodies to look into issues of human rights.
The 2016 report of Human Rights Watch accepts the above-mentioned facilities but goes to state that India has "serious human rights concerns. Civil society groups face harassment and government critics face intimidation and lawsuits. Free speech has come under attack both from the state and by interest groups. Muslim and Christian minorities accuse authorities of not doing enough to protect their rights. The government is yet to repeal laws that grant public officials and security forces impunity from prosecution for abuses."

Chronology of events

1950	The Constitution of India establishes a sovereign democratic republic with universal adult franchise. Part 3 of the Constitution contains a Bill of Fundamental Rights enforceable by the Supreme Court and the High Courts. It also provides for reservations for previously disadvantaged sections in education, employment and political representation.
1952	Criminal Tribes Acts repealed by government, former "criminal tribes" categorized as "denotified" and Habitual Offenders Act enacted.
1955	The Untouchability Act, 1955. Reform of family law concerning Hindus gives more rights to Hindu women.
1958	Armed Forces Act, 1958
1973	Supreme Court of India rules in Kesavananda Bharati case that the basic structure of the Constitution is unalterable by a constitutional amendment.
1975–1977	State of Emergency in India. Extensive rights violations take place.
1978	SC rules in Menaka Gandhi v. Union of India that the right to life under Article 21 of the Constitution cannot be suspended even in an emergency.
1978	Jammu and Kashmir Public Safety Act, 1978
1984	Operation Blue Star and the subsequent 1984 Anti-Sikh riots
1984	2006 Extrajudicial disappearances in Punjab by the police
1985–1986	The Shah Bano case, where the Supreme Court recognised the Muslim woman's right to maintenance upon divorce, sparks protests from Muslim clergy. To nullify the decision of the Supreme Court, the Rajiv Gandhi government enacted The Muslim Women Act 1986
1987	Hashimpura massacre during communal riots in Meerut.
1989	Scheduled Caste and Scheduled Tribe Act, 1989 is passed.
	Kashmiri insurgency sees ethnic cleansing of Kashmiri Pandits, desecrating Hindu temples, killing of Hindus and Sikhs, and abductions of foreign tourists and government functionaries.
1992	A constitutional amendment establishes Local Self-Government as a third tier of governance at the village level, with one-third of the seats reserved for women. Reservations were provided for scheduled castes and tribes as well.
1992	Demolition of the Babri Masjid occurred after a political rally at the site turned violent.
1993	National Human Rights Commission is established under the Protection of Human Rights Act.
2001	Supreme Court passes extensive orders to implement the right to food.
2002	2002 Gujarat riots which claimed at least a thousand lives of Muslims and Hindus.
2005	A powerful Right to Information Act is passed to give citizen's access to information held by public authorities.
2005	National Rural Employment Guarantee Act guarantees universal right to employment.
2006	Supreme Court orders police reforms in response to the poor human rights record of Indian police.
2009	Delhi High Court declares that Section 377 of the Indian Penal Code, which outlaws a range of unspecified "unnatural" sex acts, is unconstitutional when applied to homosexual acts between private consenting individuals, effectively decriminalising homosexual relationships in India. See also: Homosexuality in India.
2013	Criminal Law Act was passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offences.
2015	Black Money and Imposition of Tax Act was passed by both the Houses of the Parliament. This act aims to curb black money, or undisclosed foreign assets and income and imposes tax and penalty on such income.

Civil liberties

In 2021, United States-based Freedom House ranked India as partly free, at 67 points, in its annual Freedom in the World rankings on political rights and civil liberties.
and as of 2023, annual reports on the state of democracy around the world Sweden-based V-Dem Institute classified India as an electoral autocracy because of "restrictions on multiple facets of democracy" such as civil society groups and free speech. The 2023 report stated that, "The process of autocratisation seems to have slowed down considerably or even stalled in India but after turning into autocracies." India was previously classified as an electoral democracy up until 2018.

Use of torture by police

The Asian Centre for Human Rights estimated that from 2002 to 2008, over four people per day died while in police custody, with "hundreds" of those deaths being due to police use of torture. According to a report written by the Institute of Correctional Administration in Punjab, up to 50% of police officers in the country have used physical or mental abuse on prisoners. Instances of torture, such as through a lack of sanitation, space, or water have been documented in West Bengal as well.
A report by the National Campaign Against Torture, an international human rights body revealed as many as 1,731 custodial deaths recorded in India in 2019. Victims were mostly from vulnerable communities, Dalits, Muslims and Adivasis. During the 10-year period to 2019–20, the National Human Rights Commission reported, on average, 139 police custody cases and 1,576 judicial custody cases annually. In the eight years to 2019–20, the NHRC reported more than 1,500 judicial custody deaths each year.

Freedom of religion

Religious violence

Communal conflicts between religious groups have been prevalent in India since around the time of its independence from British rule. Communal riots took place during the partition of India between Hindus/Sikhs and Muslims where large numbers of people were killed in large-scale violence.
The 1984 Anti-Sikh Riots was a four-day period during which Sikhs were massacred in India. According to some estimates state that more than 2,000 were killed. Investigations by various committees appointed both by the government and independent civil societies have found complicity on the part of Indira Gandhi's Congress party. Other incidents include the 1987 Hashimpura massacre during communal riots in Meerut, where it was alleged that 19 members of the Provincial Armed Constabulary shot 42 Muslim youths in cold blood, and dumped their bodies in a nearby irrigation canal, 1992 Bombay riots and the 2020 Delhi riots, which resulted in the death of about 53 people, 36 among whom were Muslims and 15 were Hindus. It is commonly believed that the riots were incited by a threatening speech and an ultimatum targeted towards peaceful anti-CAA protesters by Kapil Mishra, a BJP politician from Delhi. The Supreme Court of India blamed the Delhi police for "unprofessionalism" during the Delhi riots and directly indicated that the police were waiting for the Central Government of India led by the Bharatiya Janata Party to give them instructions, instead of acting independently and conscientiously. In the hearing, Justice K.M. Joseph said – "Look at how police acts in the UK. If somebody makes an inflammatory remark, they swing into action. They don't wait for orders. Police should not be looking for here and there for nods".
According to official figures, 2002 Gujarat riots ended with 1,044 dead, 223 missing, and 2,500 injured. Of the dead, 790 were Muslim and 254 Hindu. Unofficial sources estimate that up to 2,000 people died. There were instances of rape, children being burned alive, and widespread looting and destruction of property. It is believed to have been incited by the Godhra train burning, where 59 people were burnt to death. Subsequently, circulation of false news in local newspapers alleging ISI hand in the attacks and that the local Muslims conspired with them, and also about false stories of kidnap and rape of Hindu women by Muslims further inflamed the situation. Numerous accounts describe the attacks to be highly coordinated with mobile phones and government issued printouts listing the homes and businesses of Muslims. Although many calls to the police were made from victims, they were told by the police that "we have no orders to save you."
The house of prominent human rights activist, J.S. Bandukwala was burnt down in Vadodara and he barely escaped with his life. In many cases, the police led the charge, using gunfire to kill Muslims who got in the mobs' way. According to a 2002 Human Rights Watch report, a key Bharatiya Janata Party state minister is reported to have taken over police control rooms in Ahmedabad on the first day of the carnage, issuing orders to disregard pleas for assistance from Muslims. Portions of the Gujarati language press meanwhile printed fabricated stories and statements openly calling on Hindus to avenge the Godhra attacks. Also in many cases, under the guise of offering assistance, the police led the victims directly into the hands of their killers. The then Chief minister of Gujarat, Narendra Modi was cleared of the accusations levied against him by a local court based on the investigation carried out by a Special Investigation Team. However, this report was challenged by Zakia Jafri, whose husband Ehsan Jafri, a former Congress politician, was killed by a mob in Ahmedabad city. Ms. Jafri claimed the investigation had revealed sufficient evidence to implicate Mr. Modi and 62 others. The Supreme Court of India, subsequently turned down a plea challenging the clean cheat given to Modi. The 2020 report by the United States Commission for International religious freedom designated India as a Country of Particular Concern