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Human Rights: The Foundation of Justice, Equality, and Dignity in Any Society They ensure everyone is protected from all forms of discrimination, oppression, and injustice and that everyone has the right to live freely and fairly. These rights, however, are generally confronted with significant obstacles to their implementation, despite being enshrined in constitutions and international treaties. This is where human rights lawyers step in.
They are the voices of the voiceless – the human rights lawyers. They can raise a voice against oppressive policies, strive for justice, and be custodians of democracy. Much of their work doesn’t occur in the courthouse, but in the grassroots and in shaping public opinion. But many of these lawyers are unsung heroes, fighting amazing personal and professional battles.
This blog is dedicated to the heroic work of human rights lawyers, especially those who put their safety, freedom, and reputation on the line in their pursuit of justice. Here is some information about their work, the challenges they encounter, and how they made an impact. We raise these issues in hopes of recognition and support for their invaluable work in promoting human rights and democracy.
Indira Jaising is one of India’s leading human rights lawyers. She had pioneering work for women’s rights and social justice. For instance, she became India’s first woman to get appointed as the Additional Solicitor General of India, opening new possibilities for women in this particular field, which has mostly been male dominated.
The most important work by her was in Vishaka case 1997, where she took the case of sexual harassment to court on behalf of women workers against men in the workplace and produced guidelines for India to draft the first law ever related to sexual harassment in workplaces that made a great mile for women rights.
Indira Jaising has received countless accolades for her arduous efforts, including the esteemed Padma Shri in 2011. Her legal work continues inspiring many, as she battles not only for women but for the rights of the marginalized and vulnerable in society. Through her work, she has etched a place in history books as a trailblazer for India’s legal and human rights landscape.
Colin Gonsalves is one of India’s best human rights lawyers. He works extensively on public interest litigation (PIL) and for marginalized sections. As a founder member of the Human Rights Law Network (HRLN), he has managed to bring justice to millions of disadvantaged people on issues ranging from labor rights, education, healthcare, and housing.
He has been an instrumental face in many landmark cases pertaining to PILs on children’s labor, access to health, and homelessness. A significant mention of Gonsalves would be the right to food and the right to health being declared fundamental rights through judgments in the Indian Constitution; his advocacy is also an important factor for interim relief during the COVID-19 pandemic for the homeless.
Many challenges and risks have not deterred him from fighting for justice; instead, he continues to empower marginalized communities and influence public policy and legal frameworks toward a more equitable society. For his work dedicated to social justice, Colin Gonsalves received numerous awards, among which he won the “Right Livelihood Award” in 2017, known as the “Alternative Nobel Prize.” His achievement in the reform of the Indian legal system and human rights won him the prize.
Parvez Imroz is an activist and Kashmiri human rights lawyer known for his courageous work documenting human rights violations in Jammu and Kashmir. With respect to advocacy for the rights of victims of enforced disappearance, extrajudicial killing, and torture by state authority, Parvez Imroz has been leading JKCCS as a founder member. His legal activism is focused on accountability for these crimes and providing justice for the victims of such violence.
Imroz has been playing an important role in the documentation of abuses and bringing cases against the impunity of security forces within the region. Moreover, he has been engaging reports and public campaigns regarding these continuing human rights violations. Much of his work places him against the Indian government and the militant groups as well and subjects him to much personal risk.His legal work has brought attention to the plight of Kashmir’s citizens and continues to inspire human rights defenders globally.
Sudha Bharadwaj is one of the best-known human rights lawyers and activists from India who has, without a break, represented tribals, workers, and other minority groups in several places. She is particularly active in Chhattisgarh, working to protect the rights of tribals and workers, who have been facing displacement by mining and industrial projects.
The strong activist Sudha had to fight for the cause of bonded laborers along with indigenous people who suffered on account of exploitation as well as violence. Her fights took many forms, starting with legal representation on account of cases, and grassroots action of spreading awareness among its common folk about the plight it underwent.
She was arrested in 2018 for a conspiracy related to the violence at Bhima Koregaon. This led to a spate of national and international debates over targeting activists and lawyers for their human rights work. She has been conferred several awards for her contributions to human rights. She received the “International Women of Courage Award” by the U.S. State Department in 2008 for her advocacy efforts, and she remains a symbol of resilience for human rights defenders in India. Her work continues to inspire many with the importance of legal activism towards justice.
Vrinda Grover is an Indian distinguished lawyer and human rights activist, and the key reasons behind her fame are her dedicated advocacy for the protection of the marginalized, particularly women and children. She has voiced a consistent call for justice in gender-based violence cases, communal riots, and human rights violations. Her work has been towards ensuring accountability for crimes committed in communal violence, including the 2002 Gujarat riots and 2008 Mumbai attacks where she represented the victims and survivors who sought justice.
Grover has also worked on LGBTQ+ rights and sexual harassment. She is actively involved in some of the legal battles that ultimately brought down Section 377 which criminalized homosexuality in India. Some of her contributions to women’s rights include cases involving domestic violence, sexual violence, and reproductive rights, as well as advocacy for rape survivors and other forms of gender-based violence.
Grover has been involved in various legal reforms besides advocacy work. She participated in strengthening laws on sexual harassment and women’s rights.Grover was recognized by many national and international organizations for her contributions to human rights. She continues to inspire the fight for justice and equality in India.
Human rights lawyers in India work towards the defense of rights for marginalized communities and towards breaking down oppressive systems. Yet, such efforts are riddled with so many challenges that they risk endangering personal safety, professional reputation, and mental well-being.
1. Legal and Institutional Barriers: The Indian legal system is a well-designed one, but the way it works is slow and heavily bureaucratic. Court processes take longer periods, a very bad factor when dealing with urgent cases of illegal detention and attacks against vulnerable groups. The laws in place also sometimes are unclear, thereby allowing for flexibility in the interpretation that would dampen the human rights defenders. Laws such as the Unlawful Activities (Prevention) Act (UAPA) are often used to harass activists and lawyers, thereby limiting their ability to defend those accused of terrorism or sedition
2. Threats and Harassment: Human rights lawyers are often exposed to direct threats to their security. Lawyers who represent minority groups or challenge government policies can be harassed, under surveillance, and even physically assaulted. Several of these have been branded “anti-national” or “terrorist sympathizers” because of their legal work, thus making defamation campaigns or threats to their safety quite easy. The case of Sudha Bharadwaj, arrested on dubious charges in the Bhima Koregaon case, is symptomatic of the risks that lawyers take.
3. Social and Political Backlash: The lawyers who are human rights advocates, often malign the media and political groups. They brand them as pro-terrorist or anti-nationals which further distances them from mainstream. This societal backlash makes it even harder for these lawyers to fight for justice. It can also affect the professional reputation of such lawyers.
4. Absence of Institutional Support: Most human rights lawyers find themselves functioning in the absence of institutional support. Even the judiciary becomes pressurized, with most of its judges often hesitant to oppose the state or its government due to fears of a backlash against them. Police and security organs are frequently an integral component of violations, refusing cooperation in some instances or deliberately impeding the process and investigation procedure by lawyers to access necessary evidence and witnesses for trials.
5. Financial Constraints: Human rights cases, especially those that involve large-scale systemic abuses, require substantial financial and human resources. Many human rights lawyers work with limited funding, relying on donations or pro bono efforts, which can strain their ability to take on multiple cases. This financial burden often forces lawyers to prioritize cases, leaving many vulnerable individuals without legal representation.
Notwithstanding these challenges, human rights lawyers in India have been critical voices in demanding justice and accountability. It speaks volumes for their courage and commitment that they continue to operate amidst adversity of the stiffest kind in the protection of fundamental rights.
The unsung heroes who fight for justice, facing risks to careers, safety, and freedom, are human rights lawyers in India. Their efforts ensure the protection of fundamental rights for marginalized and vulnerable communities. They face numerous challenges of legal hurdles, harassment, threats, and even government backlash.
But they keep fighting for justice.It is necessary to identify and appreciate these heroes who believe in democracy and human dignity. Their activities not only shape the legal sphere but also motivate generations coming after them to stand for justice and equality. Celebrating their work and the plight they have to face can ensure that their voices will be heard and their vital work continues to flourish.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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