State of ‘Liberty, Equality and Legislative Violations’ in India

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20. State of ‘Liberty, Equality and Legislative Violations’ in India

India's Constitution, adopted in 1950, enshrines liberty, equality, and fraternity as foundational values in its Preamble, aiming to secure justice and dignity for all. Liberty encompasses freedoms of speech (Article 19), life and personal liberty (Article 21), and protection against arbitrary arrest (Article 22). Equality is guaranteed under Articles 14-18, prohibiting discrimination on grounds of religion, race, caste, sex, or birthplace, with affirmative actions for marginalized groups like Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). Legislative violations refer to laws or their implementation that infringe these rights, often through discriminatory enforcement or overreach. As of August 2025, India's state of liberty and equality is mixed: progress in legal frameworks coexists with rising violations, fueled by majoritarianism, economic disparities, and state actions, as highlighted in international reports. From an MSW perspective, these issues demand advocacy for vulnerable populations, addressing intersections of caste, gender, religion, and class.

Liberty in India faces erosion through curbs on expression and assembly. Article 19 guarantees free speech, but sedition laws (Section 124A IPC) and UAPA (Unlawful Activities Prevention Act) are weaponized against critics, journalists, and activists. In 2025, Amnesty International reports national agencies targeting human rights defenders, with arbitrary arrests and internet shutdowns—the highest globally—violating international standards. Freedom House notes torture, abuse, and rape by officials, with minimal accountability. A 270% surge in hate speech in 2024, peaking during elections, undermines fraternity. Article 21, expanded to include privacy, education, and clean environment, saw 2025 developments like Supreme Court rulings on data protection, but demolitions targeting minorities (e.g., 10,000 structures in April-May 2025) violate due process. Rohingya deportations ignore refugee rights, per Amnesty.

Equality remains elusive despite quotas in jobs and education. Caste discrimination persists, with laws like the SC/ST (Prevention of Atrocities) Act often poorly enforced. Gender equality under Article 15 is hindered by fragmented laws; the Constitution promises non-discrimination, but women's representation lags, and violence affects one-third. Religious equality is threatened by anti-conversion laws in 12 states, harassing minorities under pretexts of forced conversion. Rajasthan's 2025 bill exemplifies this, curtailing interfaith marriages. Economic inequality exacerbates divides, with the top 1% holding 40% wealth, undermining Article 39's directive for equitable distribution.

Legislative violations are rampant, per 2025 reports. HRW documents arbitrary killings, disappearances, and torture, with India acting "minimally" on abuses, per US State Department. The CAA (2019) discriminates against Muslims, sparking protests. BJP's push to reshape the Constitution raises fears of diluting secularism, though lacking majority. NHRC's 2025 conferences address issues like custodial deaths, but enforcement gaps persist. Caste formalism in laws reinforces hierarchies, per analyses. Property rights rulings affirm gender equity, but implementation falters.

These violations impact society profoundly: minorities face alienation, women endure harassment, and dissenters imprisonment, eroding democracy. MSW responses include legal aid, community education, and advocacy with bodies like NHRC. Progress includes Supreme Court upholding rights, but 2025 reflections urge fulfilling constitutional promises amid anxieties. In essence, while India's framework champions liberty and equality, legislative violations highlight the need for vigilant reforms to realize a truly just society.