AIHRA - TASK 1

NAME OF THE INTERN: SAMRIDDHI BAMMIDI

1|Page
 Human Rights in India and Sweden: A Comparative Analysis

Introduction:
Human rights assume fundamental significance in almost every aspect of governance. These rights are
universal, inalienable, indivisible and interdependent for the simple fact that ‘every’ human
irrespective of nationality, sex, colour, religion, language, or any other status is entitled to it. Proper
mechanisms ensuring human rights is the need of the hour for countries like India which continues to
face innumerable challenges in this field. There is much to learn and incorporate from developed
nations like Sweden which have robust enforcement mechanisms in place for protecting human rights.

The Indian Framework:

India became a part of the International Covenant on Economic, Social and Cultural Rights (ICESCR)
and the rights of Economic and Social Council (ECOSOC). The Universal Declaration of Human
Rights contains civil, political, economic, social and cultural rights many of which are guaranteed by
the Indian constitution through part III (fundamental rights) and part IV (DPSP’s). The Indian
Parliament enacted the Protection of Human Rights Act, 1993 which provided for National Human
Rights Commission, State Human Rights Commissions in States and Human Rights Courts. The
‘human rights’ philosophy embedded in the constitution gets reflected in the statutes and governmental
policies so framed. Judiciary too plays a pivotal role in safeguarding human rights and preventing its
violation.

Head-exploding Challenges:

In India whose majority population dwells in poverty and marginalisation, human rights enforcement
faces a sea of challenges, be it political, social or cultural. The poorer and weaker sections of the
society experience grave violation of their human rights, with the state getting worse for disadvantaged

women. The ill-faceted caste system adds to the misery as it is believed to be one of the greatest social
cause for human rights violation. India being a quasi-federal state also has to confront political barriers
in its aim to protect human rights. In 2021, Freedom House ranked India as “partly free” in its annual
Freedom in the World rankings on political rights and civil liberties while the Swedish V-Dem Institute

2|Page
portrayed India as an “electoral autocracy” because of “restrictions on multiple facets of democracy”
in its 2021 annual report.

Sweden- The ‘Global Good Samaritan’

Sweden’s key framework for protecting human rights is enshrined in its constitution and ratified
international law and conventions. Chapter 2 of the Instrument of Government, the Freedom of the
Press Act (1949) and Fundamental Law on Freedom of Expression comprise the three constitutional
safeguards for preventing human rights violation. Sweden is a signatory of multiple international
agreements seeking to protect and promote human rights. Its domestic and foreign policies concerning
human rights is greatly influenced by the Universal Declaration of Human Rights, the European
Convention on Human Rights, the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights. Being a dualist state like India, the
international legal commitments necessitate specified acts by the government to bring them into effect
domestically. Not only this, Sweden’s undaunted support and commitment to protect human rights has
drastically shaped and influenced its foreign policy and bilateral ties with other countries.

1980’s Sweden: A Game Changing Breakthrough !

While Sweden expanded its external activism in the area of International human rights law in the
1960s–1970s, the government's policy at home rather served to limit the constitutional protection of
rights and the domestic impact of international law commitments. The European Convention for long
didn’t have any appreciable impact on the Swedish government and in fact remained in dark for
decades. It was only in the early 1980’s, that out of nowhere and without any change in its legal
structure, the convention was put to such tremendous use as by no other European country. This sudden
Europeanisation of the Swedish government and its affairs is the inevitable outcome of the
development of ideas.

In the early 1990’s the government initiated a process of incorporating the convention (European
Convention on Human Rights) into its domestic law and it was in 1995, that this was finally done.
Sweden undoubtedly seems to commit to international human rights norms in an exceptional way, but
rather carefully evaluates the potential consequences down the road, uncertain and hard to predict as
they are in an ever-changing international landscape.

3|Page
Learning Lessons For India:

 Following Swedish model of Freedom of the Press Act (1949), India too should incorporate such
liberal values in the field of press and journalism to prevent human rights violation of those who
dissent from the ruling government. Although we have fundamental rights like those of speech and
expression but the multitude of ‘reasonable restrictions’ and archaic laws like sedition laws hamper
the protection of human rights, as has been found in many recent cases.

 The Swedish education system is ranked among the best in the world. Education and awareness is
one of the foundational steps to ensure no one’s rights are violated. Spreading awareness and
strengthening the education system in India is thus the need of the hour with compulsory inclusion
of an exclusive subject of ‘human rights’ in all schools and colleges.

 Drawing inspiration from Sweden which has given ECHR a semi-constitutional status (meaning
they are placed higher than statutory laws but assume a position inferior to constitutional law),
India too can ascribe a similar status to the international commitments it has ratified to better
protect human rights.

 Extensive financial aid should be extended by the government to non-profit organisations and civil
societies working selflessly for the protection and promotion of human rights as appropriate
allocation of funds in this sector would yield substantial results.

 The only Indian act to exclusively cater to human rights is the Protection of Human Rights Act,
1993 which is in dire need of amendments. The recent 2019 amendment does introduce some
modifications but not significant enough for the present need.

1. The limitation of 1 year in the act within which one has to approach human rights commission
for redressal of grievances must be removed; there can be exceptional and unavoidable reasons
for being unable to do so which must be taken care of.

2. National Human Rights Commission must be accorded a superior and independent status as it
is the supreme guardian of human rights; A self-empowered and efficient investigating team

4|Page
 of its own would significantly reduce its dependence on police officials and other wings of the
government.

3. Periodic surveys and surprise checks must be included as part of supervising mechanism in
order to ensure protection of human rights. Monthly awareness seminars concerning human
rights can also form part of the same.

4. Section 36(1) of the act can be amended to empower NHRC to take due cognizance of any case
that is pending before SHRC or district human rights courts so as to provide speedy redressal
of grievances and prevent any unwarranted delays.

5. Section 30 and section 21(1) of the act should also be amended in order to mandatorily require
the state governments to constitute SHRC at the state level and human rights courts at the
district level.

Human rights constitutes the most important facet of fundamental rights that is elementary to the
dignity of every individual. Being an active member of multiple international conventions and catering
to domestic legislations as well, India has come a long way in its struggle to prevent violation of these
rights. Despite this, the struggle is far from over. According to NHRC, 6373 cases of human rights
violation were ‘registered’ (let alone the unregistered cases) in the month of May 2021. Such appalling
monthly figures send a chill down the spine for it blatantly puts out the pathetic reality.

At this juncture, we must take a step forward and inculcate values and lessons from developed nations
like Sweden which have put remarkable efforts to protect human rights in their respective states.

5|Page