RELIGIOUS AND CULTURAL PRACTICES WITHIN THE FRAME OF HUMAN RIGHTS
RELIGIOUS AND CULTURAL PRACTICES WITHIN THE FRAME OF HUMAN RIGHTS
WRITTEN BY: PRAGATI TOMAR
4th YEAR, B.A. LL.B (Hons.)
PRESTIGE INSTITUTE OF MANAGEMENT AND RESEARCH,
GWALIOR.
EDITED BY: KASHAF ALI
3RD YEAR, LL.B
CAREER COLLEGE OF LAW, BHOPAL
INTRODUCTION
Like
in any other nation, Indian cultural and religious practices occasionally cross
paths with concerns about human rights. It's important to keep in mind that
while religious freedom is recognized in India, some practices have generated
discussion and worry owing to their possible effects on human rights. The caste
system is one of these traditions; despite being outlawed by the government, it
nonetheless has social repercussions and the potential to marginalize particular
communities. The practice of early-age marriage is still prevalent, which
violates the rights of young girls, who are coerced into getting married young.
Additionally, some religious customs may limit the opportunities and rights
available to women, which could undermine their equality and autonomy.
Additionally, some religious beliefs in India can support societal
stigmatization and discrimination against the LGBTQ+ population.
It's
crucial to recognize that many people and groups in India are working to
address these problems and advance a society that is more inclusive and based
on rights. The government has a responsibility to protect human rights while
upholding religious freedom.
DIFFERENT PRACTICES AND
HUMAN RIGHTS
Various
religious and cultural practices that prevail in India which directly or
indirectly affect the human rights of an individual, few of them are:-
Ø
CASTE SYSTEM AND HUMAN RIGHTS
Outsiders
to the caste system are viewed as "lesser humans,"
"impure," and hence "polluting" other caste people. Dalits
are perceived as being "untouchable" and are susceptible to what are
described as "untouchability practices" in both public and private
settings. "Untouchables" are frequently forced to perform the
filthiest, riskiest, and menial tasks, such as cleaning human waste. The stigma
they experience in the community they live in is made worse by the work they
conduct. High levels of poverty and exclusion from development processes are
caused by the omitting of "caste-affected communities" by other
groups in society and the inherent systematic inequality in these social
relationships, which also prevents their meaningful participation in public and
civil life.
Continual
exploitation of civil, political, economic, social, and cultural rights occurs
as a result of caste prejudice. Communities impacted by caste are denied a life
of equality and respect. Several human rights abuses related to caste
discrimination exist, including violations of, according to the United Nations
Sub-Commission research on discrimination based on work and descent.
There
is violence against various rights:
•
The right to life, physical safety, and freedom from violence
•
Access to justice and the right to equitable political participation
•
A right to land ownership
•
Equal access to public and social services is a human right.
•
The right to practice their religion
•
The right of marriage with free will
•
The educational right and cultural practices
•
The right to have equal opportunity and the right to choose their employment
and work in equal, just and favorable conditions.
•
The right against forced or bonded labour.
•
The right against cruel, inhumane or degrading treatment
•
The right to health, adequate food, clear water, sanitation, clothing and housing[1]
Relating
laws
· The
Constitution of India
· The
scheduled castes and the scheduled tribes (prevention of Atrocities) Act , 1989
· The
scheduled castes and the scheduled tribes (prevention of Atrocities) Amendment Act,
2015 [2]
Ø CHILD MARRIAGE AND HUMAN RIGHTS
Child
marriage is against human rights. Teenage girls being forced into child
marriages are getting pregnant and having problems during pregnancy or labour
increases. The most common reason for mortality in older adolescent girls is
these problems. Child marriage negatively impacts children's health, education,
growth, and development on a personal, sociocultural, and economic level. The
right to be protected from violence is mentioned in Article 19 and Article 34
of the United Nations Convention on the Rights of Children (UNCRC), which was
adopted in 1989. Protection from violence includes family members as well as
children who must not experience maltreatment or sexual or physical violence.
The
issue of child marriage has persisted in Indian society. Prohibition of Child
Marriage Act (PCMA) definition: "Child marriage means a marriage to which
either of the contracting parties is a child." According to the
definition, a child is someone "who, if he is a male, has not completed
twenty-one years of age, and if she is a female, has not completed eighteen
years of age." However, Indian law does not define terms like "early
marriage" or "forced marriage." [3]
Relating
laws
· Prohibition
of child marriage Act, 2006
· Hindu
Marriage Act, 1956
· Muslim
personal law
· Other
personal laws
Ø WOMEN’S RIGHTS AND HUMAN RIGHTS
Although the phrase "human rights are
women's rights and women's rights are human rights" may at first seem
trite or at best a truism, closer examination will reveal the serious
undertones underlying this slogan. It was first used at the UN World Conference
on Human Rights in Vienna in 1993. In India we see that society have two perspectives
related to women, in one of the women are treated as goddess and in the other
they are treated like a person whose existence is only for handling the
household work and just giving birth to the new generation. It indicates that,
for generations, women have been denied basic human rights and have experienced
the worst types of intolerance, discrimination, and exploitation.
With increased literacy, Indian women are now
more independent and aware of their rights, including the right to be equally
treated, the rights related to property, the right to work, and the right to
maintenance. However, the majority of women are still not aware of their
rights, and as a result, they must endure harassment, exploitation, and
injustice. Following the Nirbhaya case in 2012, changes were made to the Indian
Evidence Act, the Code of Criminal Procedure, and the Indian Penal Code to
better protect women and advance their interests.[4]
Different rights that women have in India at
present are:-
§ Right to get maintenance
§ Right to equal pay for the equal amount of work
§ Right to dignity and decency
§ Right against domestic violence or any other
harmful acts
§ Right against harassment at workplace
§ Right against the exchange of any kind of
valuable goods in the form of dowry
§ Right to have free legal aid etc…[5]
In addition, there are several laws specifically targeting
women have been passed to safeguard their fundamental human rights. Such rules
specify penalties for those who transgress the accepted human norms of conduct
and go beyond the law to assault women or their dignity. The following human
rights are granted to women as a result of these laws' provisions.
Relating laws
·
Code of Criminal Procedure,
1973
·
Equal Remuneration Act
·
The Hindu Marriage Act
, 1955
·
Indian Penal Code, 1860
·
The Sexual harassment
of women at work place (prevention, prohibition and redressal) Act, 2013
·
The Dowry Prohibition Act,
1961
Ø LGBTQIA+ COMMUNITY RIGHTS AND HUMAN RIGHTS
One of the most debated
topics in recent times, is the rights of the LGBTQ+ community, India is a
country that is known for its diversity yet the people of the country are not
ready to accept the diversity of humans. The religious and cultural beliefs of
people don’t allow them to see things from a different perspective.
The people of the LGBTQ+
community are facing a lot of things like:-
- Social Discrimination: Members
of the LGBTQIA+ community frequently experience prejudice in several of
spheres of their lives, including employment, housing, and healthcare.
They may find it challenging to live honestly and securely as a result.
Discrimination can also result in fewer career chances, poverty, and a lack of
essentials.
- Lack of Representation: People
who identify as LGBTQIA+ are frequently underrepresented in the media,
politics, and government and are not accepted in society at large.
Due to this, it may be challenging for them to be heard and have their
needs met. Lack of understanding and acceptance of the community may result
from this lack of representation.
- In Bracket of Mental Health
Issues: LGBTQIA+ people frequently
experience hate crimes, such as bullying, harassment, and physical and
verbal assault. The community may experience dread and insecurity as a
result, which may harm both physical and mental health.
- Unheard Voices of Rural LGBTQIA+: Urban
LGBTQIA+ people's voices are heard on a number of online and offline
channels.
- Homelessness: The
majority of LGBTQIA+ youth who are homeless are either expelled from their
homes due to their sexual orientation or fled to avoid abuse.
To change the scenario we need to change the perspective of
seeing it, as human being we just need to accept others’ choices and respect
them, that’s all we need to do.
The government can make supportive policies for LGBTQ+
community, also create different forums where they can present themselves and
speak for their selves.
CONCLUSION
This research study concludes by shedding light on the
complex interactions between cultural and religious practices in India and
their effects on human rights, with a focus on child marriage, the caste
system, LGBTQ+ rights, and women's rights in particular. As India develops, it is becoming more and
more important to balance heritage with contemporary human rights ideals. No
matter their cultural or religious background, everyone deserves inclusion,
equality, and dignity, so efforts must be made to increase awareness, develop
dialogue, and adopt legislation that supports these ideals. India can only
advance toward a future in which its unique cultural tapestry is honored
without compromising the fundamental liberties and rights that each person is
entitled to through such cooperative efforts.
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