VisionIAS - Video Classroom Lecture

PSIR Optional Class 02

BRIEF OVERVIEW OF PREVIOUS CLASS (5:14 PM)

CIVIL LIBERTIES & HUMAN RIGHTS MOVEMENT IN INDIA [Continuation] (5:24 PM)

Decade of 1980s:
In the 1980s, there was the rise of self-determination movements, and militancy in North East, Kashmir, and Punjab.
The HRM [Human Rights Movement] was successful in exposing the Indian state's oppression of individuals and highlighted the promulgation of undemocratic laws like AFSPA [Armed Force Special Power Act], TADA [Terrorist & Disruptive Activities Act], etc.
However, it failed to highlight the violation of collective or group rights. Thus Nandita Haskar, a human rights activist commented that the Indian human rights movement functioned very much within the framework of the Indian state's definition of nationalism.
Decades of 1990s:
It witnessed the attack on the integrity of human rights discourse -
i. There was systematic international pressure to highlight human rights violations by non-state actors. This is despite the fact that the primary agenda of HRM is to highlight abuses by the state.
ii. Attack by post-modernist, cultural relativists who undermined the basic premise of universality of Human rights by emphasizing the differences.
iii. The LPG reforms adversely affected the HRM in India. Due to liberalisations, there has been the emergence of what Upendra Baxi refers to as the 'HR Industry or HR market'. The human rights market is governed by principles similar to those of a market economy.
Instances of HR violations need to be packaged in such a way that they can be easily marketed, however, such commodification is of limited value since it does not mobilise long-term support.
With the rise of the HR Industry the 'activist' has been replaced by a 'human rights professional' who has limited capacity to bear with state-afflicted violence.
Also, the HR Industry needs to constantly lobby for funds as a consequence they are more accountable to those funding them rather than the common masses. A large part of the HRM got co-opted in the agenda of globalisation.
Consequently, there is the emergence of trade-related market-friendly human rights. Such HR activism fails to highlight HR violations being committed because of unfair terms of international trade and violations of third-generation human rights.
Other Limitations of HRM in India:
I. It suffers from a crisis of Legitimacy-
Reason:
a. The emergence of the human rights industry; dependency on foreign funding; organizational weakness; lack of committed activists etc
b. Subscription on unbalanced view - over-sensitive to atrocities committed by the Indian state but turned a blind eye towards the atrocities committed by Naxalities or insurgent
c. Failed to highlight HR violations of communities or groups including violation of third-generation HRs.
Human rights discourse is trapped in liberal democratic discourse in India
II. HRM is becoming increasingly depoliticized i.e. fails to highlight the political context in which the violence took place or in other words has failed to emerge as an electoral issue in Indian politics.
III. It has failed to highlight HR violations in the context of caste, race and gender discrimination.
The HRM has been dominated by upper-caste and upper-class males and consequently, there has not been much self-criticism.
HR concerns in India have been highlighted by the Amnesty International Report 2021:
i. It has highlighted that India signed the UN Convention against Torture in 1997 but has not ratified it.
ii. The occupancy rate of Indian Prisons stands at 130% and 77% are under trial.
iii. The Ministry of Home Affairs [MOHA] has cancelled the registration of 10 International NGOs working for human rights and placed 80 of them in the prior reference category which means they can use their funds only after clearance from MOHA
iv. There have been 38 government-mandated shutdowns in the erstwhile state of J&K from 4th August 2019 till 5th Feb 2021.
v. In fact the Indian government has topped the list of countries imposing internet shutdowns in the world
It implies that HRM has not been very effective in checking HR violations by the states. Indian states are not as committed to the protection of the HRs of their citizens. Its commitment is more rhetoric than reality.
However, as long as there exists a territorial threat, there would be justifications for tough laws and state-inflicted violence.

DILEMMA OF HRM IN INDIA (6:41 PM)

Upendra Baxi in the 'State and Human Rights Movement in India' has highlighted the three dilemmas faced by HRM.
I. The general aim of HR is to create state-free spaces, however, because of the regressive practices prevalent in Indian society like the Sati, Child marriage, Child labour, dowry system etc. The HRM in India has worked towards empowering the leviathan through activist praxis. This is counter-intuitive
II. HR is based on universal values on the other hand India's cultures generally respect diversity, believe in multiculturalism and foster multi-culturalism. Thus for instance the Western notion of secularism which is about the indifference of the state to religions is contrary to the Indian value of 'Sarva Dharma Sambhav'
III. The HRM in India has failed to utilise opportunities to ameliorate or reform the state. They failed to organize campaigns around for example - National Police Commission Reports or the Mula Committee on Prison Reforms.
Upendra Baxi himself says one way to explain HRM in India is its fascination with the pathology of power which in fact is the germane reason for its existence.

Note:

Karal Vask gave three generations of rights:

1st : Civil & political rights
2nd: Socio-economic rights
3rd: Collective rights

WOMEN MOVEMENT IN INDIA (7:18 PM)

Evolution of Women's Movement:
Pre-Independence Phase:
1. Social reforms phase:
Liberal men like Raja Ram Mohan Roy, and Ishwarchandra Vidyasagar pressured the colonial government to remove practices like child marriage, Sati, resistance to widow remarriage, etc. But in this phase, women were passive recipients of the measure of improvement worked out by male reformers on their behalf.
2. Nationalist/ Gandhian Mass Struggle Phase [1920 onwards]:
While there was an increase in women's participation in public spaces, Satyagrahis wilfully broke unjust colonial laws to even suffer imprisonment but her increasing presence was surrounded by the discourse of 'true womanhood'.
They described women's feminity as an essential embodiment of the spiritual essence of India. Thus while women's participation in the public sphere increased, there was no demand by the nationalist movement on women's issues.
However, during this phase, there was the rise of women's organizations most prominent being AIWC [All India Women Conference] established in Pune in 1927.
Its major achievements were:
i. Sarda Act, 1929 which increase the marriage age for girls to 14 and for boys to 18.
ii. Lady Irwin College was set up in Delhi in 1932.
iii. Focused on Vocational training
Along with AIWC, other radical women organizations like Mahila Atmaraksha Samiti in Bengal, Andhra Mahila Sangham, and Women Self Defence League in Punjab led to the establishment of the BN Rau Committee to suggest reforms of Hindu Personal Laws.
3. Post-Independence Phase [1950s - 1960s]:
Aparna Mehta refers to these years as the grey years of the women's movement in India.
There was not much activism as Indian Women felt that the national government would automatically take care of their means.
However, during this period, some left organizations were working among tribal women.
In 1964 under the leadership of Aruna Asaf Ali, the National Federations of Indian Women of Women wings of the Communist Party of India [CPI] was established.

The topics for the next class: Women's Movement (continuations)