OAS Mains-2019 Daily Answer Writing-07/05/2020

Paper:   General Studies Paper-I

Section:  Legal and Environmental Issues

Topic:  Human Rights, Protection of Minorities

Question 1

Give an account of difficulties in the way of protection and promotion of Human rights in India.

Sample Answer

There have been present several difficulties in the way of the protection and promotion of human rights in the country as follows:

Social Hindrances in the way of the Protection if Human Rights: Indian society has been a caste based society with lower caste and higher castes. The lower castes facing repression at the hands of higher castes and in retaliation they several times taking revenge. In this way the human rights of both suffers. The women of India suffer repression due to many evils such as dowry, female foeticide, child labour, illiteracy etc.

Restrictions on Democratic Rights: Many constitutional amendments and Emergency Provisions of the Indian constitution also have been a source of limitation on the democratic rights.

Repressive Legislation: The State executives, for one reason or the other, either for protecting the state enacting laws curtailing the democratic rights of the people including the fundamental rights to life and liberty. Few of such legislations are ESMA, TADA, POTA  etc.

Terrorism, Militancy, People’s War Groups and Revolutionary Groups: In several parts of India, several terrorist and militant groups have been operating. They have using violence against the common man and spreading terrorism which is regarded by them as a means for securing their desired objectives. These groups have been violating Human rights of the people in general.

Proliferation of Coercive State Apparatus: Apart from the repressive legislations enacted by the States, their constabularies, the paramilitary forces, e.g. the CRPF, CISF, NSG etc have been at times used required by the state in an undesirable way. These forces are deployed by the State in the interest of preserving the unity and integrity of the nation. But sometimes their activities involve an excessive use of force.

Police and Bureaucratic Delays and Exercises: Police torture, death in custody, illegal detentions and excess has also been present in India. The law and order machinery has been at times found violating the Human rights of the people.

Question 2

Briefly describe the problems faced by Minorities in India.

Sample Answer

Problems Faced by Minorities in India are as follows:

Problem of Identity: Because of the differences in socio-cultural practices, history and backgrounds, minorities have to grapple with the issue of identity This give rise to the problem of adjustment with the majority community.

Problem of Security: Different identity and their small number relative to the rest of the society develop feeling of insecurity about their life, assets and well-being. This sense of insecurity may get accentuated at times when relations between the majority and the minority communities in a society are strained or not much cordial.

Problem Relating to Equity: The minority community in a society may remain deprived of the benefit of opportunities of development as a result of discrimination. Because of the difference in identity, the minority community develops the perception of the sense of inequity.

Problem of Communal Tensions and Riots: Communal tensions and riots have been incessantly increasing since independence. Whenever the communal tensions and riots take place for whatever reason, minority interests get threatened

Lack of Representation in Civil Service and Politics: the Constitution provides for equality and equal opportunities to all its citizens including the religious minorities the biggest minority community, that is, Muslims have a feeling among them that they are neglected However, such a feeling does not seem to exist among the other religious minority communities such as the Christians, Sikhs, Jains and Buddhists, for they seem to be economically and educationally better than the majority community.

Failure to Stick on Strictly to Secularism : India has declared itself as a ͞secular country. The very spirit of our constituion is secular. But in actual practice there is lack of commitment to secularism, purely religious issues are often politicised by these parties.

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