Abstract
The Universal Declaration of Human Rights (UDHR), a milestone document outlining fundamental rights and freedoms for all individuals, stands as a beacon of hope for a just and equitable world. However, its promises often clash with the harsh realities faced by people in nations such as India and Palestine, where human rights violations cast a dark shadow. This paper delves into the challenging landscapes of human rights in these two nations, examining the roles of governments and international bodies in addressing—or perpetuating—injustices.
In Palestine, decades of occupation and conflict have resulted in a dire humanitarian crisis. The year 2023 has witnessed a brutal escalation of violence, with allegations of genocide reverberating across the globe. The ongoing siege of Gaza, forced displacement, and systematic denial of basic rights paint a harrowing picture of human suffering. The United Nations, tasked with upholding the UDHR, faces a daunting task in navigating complex political dynamics and ensuring accountability for these atrocities.
India, the world’s largest democracy, grapples with its own human rights challenges. Recent actions by the Indian government have raised concerns regarding restrictions on freedom of expression, religious persecution, and discrimination against minority groups after the introduction of the CAA-NRC bill and the Farm Laws. The corrupt judicial system and unrestricted state authorities and force have made the situation very complex creating an atmosphere of fear among the general public for questioning the state of its repression.
This research paper endeavours to contribute to the discourse on human rights by offering a comprehensive evaluation of the situations in India and Palestine, contextualised within the framework of the UDHR. The ultimate goal is to prompt reflection on the collective responsibility of the international community, particularly the United Nations, in addressing and rectifying human rights violations around the world.
Palestine: The Shadow of Occupation and Conflict
In Palestine, the decades-long occupation by Israel has cast a long shadow of human rights violations. The year 2023 witnessed a brutal escalation of violence, with allegations of genocide echoing across the globe. The ongoing siege of Gaza, forced displacement, and systematic denial of fundamental rights paint a harrowing picture of Palestinian suffering.
To better understand the situation, we need to explore the history of these nations. The Israel-Palestine conflict, a protracted and multifaceted struggle, finds its roots in the Balfour Declaration of 1917. This pivotal moment in history marked Britain’s official support for a Jewish “national home” in Palestine. The subsequent withdrawal of British forces in 1948 left the newly created United Nations with the responsibility of resolving the competing claims of Arabs and Jews in the region.
The UN’s partition plan proposed in the aftermath of British withdrawal aimed to establish independent Jewish and Arab states in Palestine. However, this plan faced opposition from most Arab nations. The declaration of Israel’s independence in 1948 triggered a war with surrounding Arab states, resulting in Israel controlling more territory than initially envisioned by the UN partition plan.
The establishment of the Palestinian Liberation Organisation (PLO) in 1964 aimed to free Palestine from Israeli control and establish Muslim Brotherhood dominance in the Arab world. Despite gaining observer status at the UN in 1975 and recognition of Palestinians’ right to self-determination, the conflict persisted.
The Six-Day War in 1967 saw Israel seizing territories from Syria, Jordan, and Egypt, further intensifying the territorial disputes. Subsequent events, such as the Camp David Accords in 1978 and the founding of Hamas in 1987, added complexity to the situation.
The Oslo Accords of 1993 led to official recognition between Israel and the PLO, establishing the Palestinian Authority with limited autonomy in Gaza and parts of the West Bank. However, the peace process remained unfulfilled, and tensions escalated with the emergence of Hamas, regarded as a terrorist organization.
Real-World Examples of Human Rights Violations in Palestine
The Nakba and the Right of Return: In 1948, the Israeli War of Independence resulted in the displacement of over 700,000 Palestinians, known as the Nakba, marking a defining moment in Palestinian history and a persistent source of trauma and injustice. The Palestinians’ right of return to their homes, enshrined by UN Resolution 194, remains unresolved.
The Siege of Gaza and Collective Punishment: Since 2007, Israel has imposed a strict blockade on the Gaza Strip, severely restricting the movement of people and goods, causing a humanitarian crisis. The blockade has had a devastating impact on Gaza’s economy and infrastructure, leading to widespread malnutrition and health problems among residents. This collective punishment raises serious human rights concerns.
Extrajudicial Killings and the Use of Excessive Force: Israeli forces have been accused of using excessive force against Palestinian civilians, resulting in numerous extrajudicial killings. The UN Human Rights Council has reported that Israeli forces killed over 2,000 Palestinians during the 2014 Gaza War alone. These killings raise concerns about Israel’s adherence to international humanitarian law and the principles of proportionality and precaution.
Administrative Detention and Due Process Violations:Israel has a long-standing practice of administrative detention, allowing it to hold individuals without charge or trial for extended periods. Palestinian human rights groups have condemned this practice as a violation of due process and international law, raising concerns about arbitrary detention and the erosion of fair trial rights.
Land Confiscation and Settlement Expansion: Israel has confiscated vast amounts of Palestinian land for the construction of Jewish settlements, a practice considered illegal under international law. This has led to the displacement of Palestinian communities and the fragmentation of Palestinian territory, raising concerns about the right to property, the right to housing, and the right to self-determination.
Recent Events and Violations of Human Rights in Gaza
The recent events in Gaza discuss the humanitarian crisis and human rights violations by both Israel and Hamas. The UN human rights chief, Volker Türk, has called for a ceasefire and an end to the violence, as well as the release of hostages and accountability for the violence.
The humanitarian crisis in Gaza is a result of the ongoing blockade by Israel, causing shortages of food, water, and medicine, widespread unemployment, and poverty.
Violations of human rights by Israel include excessive force against civilians, home demolitions, and restrictions on movement. Violations by Hamas include the use of child soldiers, rocket attacks into Israel, and incitement of violence.
Despite the complexities of the Israel-Palestine crisis, it is crucial to highlight ongoing human rights violations. The international community must take action to protect the human rights of all Palestinians and Israelis.
UDHR Challenges
In the context of the Israel-Palestine conflict, the Universal Declaration of Human Rights (UDHR) stands as a beacon of hope for a just world. However, the harsh realities on the ground underscore the challenges in implementing the UDHR’s ideals, revealing the limitations of a universal framework in addressing deeply entrenched political conflicts. The occupied status of the Palestinian Territories under Israeli control hampers the exercise of fundamental rights, with restrictions on movement, economic constraints, and land confiscations severely impacting Palestinians.
The challenges in implementing the UDHR in the Israel-Palestine conflict manifest in the systematic denial of fundamental rights, including self-determination, freedom of movement, work, education, and health. Excessive force and extrajudicial killings by Israeli forces raise concerns about adherence to international humanitarian law, compounded by a lack of accountability. Political realities, international inaction, and power dynamics in the region further hinder effective implementation, emphasizing the complex nature of the conflict.
While the UDHR provides a comprehensive human rights framework, its application faces hurdles in conflicts like the Israel-Palestine situation. Recommendations for addressing these challenges include strengthening international monitoring, promoting peaceful resolutions through political dialogue, supporting civil society organizations, ensuring access to justice, and holding states accountable for violations. Despite the complexities, the UDHR remains a guiding principle, calling for international collaboration and proactive measures to uphold human rights in this enduring conflict.
The Precarious State of Human Rights in India
India, with its rich history and diverse cultural tapestry, confronts a stark reality concerning the protection and upholding of human rights. Despite being a signatory to various international treaties and conventions aimed at safeguarding fundamental rights, the country has witnessed numerous instances of violations, often perpetrated by the very authorities entrusted with their protection. This article explores the concerning state of human rights in India, shedding light on specific instances of government-led violations and their detrimental impact on individuals and communities.
The spectrum of human rights violations in India is unfortunately vast, encompassing various aspects of fundamental freedoms. Reports of extrajudicial killings by security forces, particularly in conflict-ridden regions like Kashmir and the Northeast, are frequent. The National Human Rights Commission (NHRC) registered 147 deaths in police custody and 119 alleged extrajudicial killings in the first nine months of 2022 alone. Custodial torture remains a persistent issue, with numerous allegations against police and prison officials. The NHRC reported 1,882 deaths in judicial custody in the first nine months of 2022, raising concerns about the treatment of individuals in detention.
The government’s use of sedition laws, the Unlawful Activities (Prevention) Act (UAPA), and other repressive measures to silence dissent and detain activists has drawn criticism from human rights groups. Restrictions on free speech, including arbitrary internet shutdowns and intimidation of journalists, are increasingly becoming commonplace. The government’s crackdown on dissent has had a chilling effect on media freedom. Minority communities, particularly Muslims, face discrimination and violence. The Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) have further marginalized and disenfranchised Muslim communities.
Dalits and Adivasis continue to face entrenched discrimination and violence, with limited access to justice and opportunities. Hate crimes against these communities are alarmingly high, with over 50,000 and 9,000 crimes reported against Dalits and Adivasis, respectively, in 2021. Violence against women and girls remains a major concern, with a disturbingly high prevalence of rape and domestic abuse. The conviction rate in rape cases remains abysmally low, highlighting the lack of accountability for perpetrators. Children, LGBTQ+ individuals, and other marginalized communities often face discrimination and social exclusion, with limited access to basic necessities and social services.
Several real-life examples illustrate the egregious manner in which the government has violated human rights in India. The arrest and continued detention of several human rights activists, lawyers, and journalists under the UAPA in connection with the Bhima Koregaon violence has been widely condemned as an attempt to suppress dissent. The brutal rape and assault of a Dalit woman in Unnao by a BJP MLA exposed the vulnerability of marginalized communities and the lack of accountability for powerful individuals. The violent suppression of peaceful protests against the Citizenship Amendment Act (CAA) in various parts of India resulted in injuries, deaths, and arbitrary detentions, highlighting the government’s intolerance towards dissent. The demolition of properties owned by Muslims in Uttar Pradesh and other states has been widely criticized as a form of collective punishment and discrimination against the Muslim community.
Several reports and publications by credible organizations paint a grim picture of the human rights situation in India. The Human Rights Watch World Report 2023 highlights the persistence of extrajudicial killings, torture, and restrictions on freedom of expression in India. The Amnesty International Report 2023-2024 documents the use of repressive laws, surveillance technologies, and violence against marginalized communities by the Indian government. The US State Department’s 2022 Country Reports on Human Rights Practices notes concerns about arbitrary arrests, detentions, and restrictions on freedom of expression and religion in India. The National Crime Records Bureau (NCRB) reports a rise in crimes against Dalits, Adivasis, and women, indicating the continued prevalence of caste-based discrimination and violence against women. These reports and statistics serve as stark reminders of the challenges India faces in upholding its human rights commitments.
The Suppressed Role of the United Nations in Protecting Human Rights
The Universal Declaration of Human Rights (UDHR) symbolizes the aspirations for a just and equitable world. Yet, the stark reality of persistent human rights violations in countries such as India and Palestine casts a shadow on these ideals. This paper delves into the intricate human rights situations in these nations, placing a critical lens on the role of the United Nations (UN) and its capacity—or lack thereof—to address these violations.
The UN’s role in promoting and safeguarding human rights globally is essential, but its efficacy is frequently curtailed by various factors. First and foremost is the influence of powerful nations, particularly those holding permanent seats on the UN Security Council. These nations can exert significant pressure and shield themselves and their allies from accountability for human rights abuses. A 2020 report by Human Rights Watch illustrated how China and Russia, through their veto power in the Security Council, obstructed resolutions condemning human rights abuses in Syria and Venezuela, allowing these violations to persist without consequences.
The UN also grapples with limited enforcement mechanisms, creating a situation where states can disregard international recommendations with impunity. Despite repeated resolutions condemning Israel’s illegal settlements in Palestinian territories, the lack of robust enforcement allows Israel to continue expanding settlements in violation of international law. Moreover, resource constraints further hamper the UN’s ability to monitor global human rights situations adequately. A 2022 report by the UN Office on Drugs and Crime highlighted the need for increased funding to combat human trafficking, revealing the inadequacy of current resources in addressing this pervasive issue.
Another challenge lies in states invoking national sovereignty to justify non-compliance with international human rights standards. This claim limits the UN’s intervention capabilities, as seen in the case of India, where the government rejects UN criticism of its human rights record, framing such interventions as interference in internal affairs.
Turning to case studies, India, despite being a democracy, grapples with numerous human rights violations. Extrajudicial killings and torture by security forces, a crackdown on dissent through legislative measures like the Unlawful Activities (Prevention) Amendment Act, discrimination against minorities, and pervasive violence against women and girls paint a concerning picture. While the UN has expressed concern and urged corrective action, the Indian government’s response has often been defensive, dismissing UN interference and denying allegations.
In Palestine, decades of occupation and violence by Israel have led to widespread human rights violations. Illegal settlements, land confiscation, restrictions on movement, excessive use of force, and collective punishment of the civilian population have been recurrent issues. Despite UN condemnation and calls for a just resolution, the situation persists, highlighting the limitations of the UN in influencing powerful actors and ensuring compliance with human rights standards.
Conclusion
In examining the complex tapestry of human rights violations in Palestine and India, this research paper sheds light on the multifaceted challenges that persist in upholding the principles enshrined in the Universal Declaration of Human Rights (UDHR). Both regions grapple with enduring conflicts that have resulted in entrenched suffering, displacement, and a systematic denial of fundamental rights.
The Israel-Palestine conflict, rooted in a history marked by the Balfour Declaration, the creation of the State of Israel, and subsequent geopolitical events, illustrates the ongoing struggle for self-determination and justice. The Palestinian Territories’ occupied status, marked by illegal settlements, land confiscation, and restrictions on movement, highlights the limitations of international frameworks in addressing deeply rooted political conflicts. Despite moments of diplomatic recognition and accords, the persistence of violence and human rights abuses underscores the need for renewed international efforts and a comprehensive, just resolution.
India, a nation with a rich cultural heritage and a democratic ethos, confronts its own challenges in safeguarding human rights. From extrajudicial killings and the stifling of dissent to discrimination against minorities and pervasive violence against vulnerable communities, the Indian landscape reveals a complex tapestry of human rights violations. The suppression of dissent through legislative measures, restrictions on free speech, and the marginalization of minority communities demand critical examination and concerted efforts for reform.
The role of the United Nations (UN) in protecting human rights faces significant challenges, particularly in the face of powerful nations’ influence, limited enforcement mechanisms, and resource constraints. The case studies of India and Palestine underscore how national sovereignty can impede international intervention and the need for a reevaluation of the UN’s mechanisms to address violations effectively.
As we navigate the intricate terrain of global human rights, the Universal Declaration of Human Rights remains a guiding beacon, calling for collaborative international action and proactive measures. Recommendations for addressing the challenges include strengthening international monitoring, promoting peaceful resolutions, supporting civil society organizations, ensuring access to justice, and holding states accountable for violations. The complexities of conflicts such as those in Palestine and India emphasize the imperative for a nuanced, context-specific approach that respects individual and collective rights.
This research paper underscores the pressing need for renewed commitment and innovative strategies to protect and promote human rights globally. The narratives of Palestine and India serve as poignant reminders of the ongoing struggles faced by communities in the pursuit of justice, dignity, and a world where the principles of the Universal Declaration of Human Rights are not merely aspirational but are realized in the lived experiences of all individuals.
Autor- Arnav Shreyash
Founder- Chairperson, IYCS,
Original date of the completion of this research paper – 7 December, 2023
This paper was first time presented at the International conference on Human Rights Day 2023 at Babasaheb Bhimrao Ambedkar University (BBAU) Lucknow.
Email: arnavshreyash@gmail.com
