Human rights used to be discussed mostly in courtrooms and constitutions. Today, the conversation has moved into forest villages, corporate boardrooms, social media timelines, and counter-terrorism strategy rooms. The 21st century has stretched the idea of human rights far beyond its original scope, forcing us to ask new questions: How do we protect the dignity of a tribal family displaced by a dam? How do we balance national security with civil liberties? And how do global markets and climate change reshape rights that were once framed only in national terms? This post looks at how these emerging trends are unfolding, particularly for India’s marginalised communities.
Table of Contents
- Mainstreaming marginalised communities through inclusive growth
- Breaking cycles of vulnerability
- The role of civil society and technology in governance
- Right to Information as a rights-based tool
- Public Interest Litigation and judicial activism
- Environmental protection and marginalised communities
- Forest rights and Scheduled Tribes
- Corporate social responsibility as a rights mechanism
- Terrorism, security, and human rights
- Globalisation, indigenous rights, and the road ahead
- The employment gap as a rights issue
- Individual rights versus collective rights
- Universalism versus cultural relativism
- Institutions under pressure
Mainstreaming marginalised communities through inclusive growth
One of the biggest human rights challenges of our time is bringing Scheduled Tribes, Scheduled Castes, and Other Backward Classes into the economic and social mainstream. This isn’t just about welfare schemes. It’s about recognising that marginalisation based on caste, tribe, gender, or poverty is structural, meaning individuals cannot simply work their way out of it without institutional support.
Contemporary governance approaches this problem through participatory, inclusive growth built on trust, dignity, and freedom of choice. This shift matters because it treats marginalised groups as active participants in development rather than passive recipients of charity. Constitutional bodies such as the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes exist precisely to monitor whether this promise translates into practice, from education access to protection against atrocities.
Breaking cycles of vulnerability
Vulnerability rarely comes from a single source. A Dalit woman in a rural area, for instance, can face discrimination layered across caste, gender, and economic class simultaneously. Human rights frameworks now try to account for this overlap rather than treating each form of disadvantage separately. This is why policies increasingly focus on intersectionality, meaning solutions that address multiple, compounding barriers at once instead of a one-size-fits-all approach.
The role of civil society and technology in governance
Since India’s economic liberalisation, civil society organisations, independent media, and digital technology have fundamentally changed how governance works. Citizens today have tools to demand accountability that simply didn’t exist a few decades ago.
Right to Information as a rights-based tool
The Right to Information Act, 2005 is a good example. It gives every Indian citizen the legal power to request information from public authorities, who are then required to respond within a set timeframe. This single law has quietly become one of the most effective human rights instruments in the country, because access to information is often the first step toward exposing discrimination, corruption, or the denial of entitlements to marginalised groups.
Public Interest Litigation and judicial activism
Alongside RTI, Public Interest Litigation (PIL) has allowed civil society groups, activists, and even individuals to approach courts on behalf of those who cannot access the legal system themselves, such as bonded labourers, undertrial prisoners, or displaced tribal communities. Courts have used PILs to expand the meaning of constitutional rights well beyond their original text, linking issues like environmental protection and livelihood security directly to the right to life.
Civil society organisations also act as intermediaries between the state and citizens, mobilising communities around shared ethnic, religious, caste, or gender identities to press for policy change. This right-based mobilisation has increasingly involved coordinated action between political parties and grassroots organisations, making governance more responsive, if not always faster.
Environmental protection and marginalised communities
Environmental degradation and climate change are no longer treated as separate from human rights. International bodies now recognise that a safe, stable environment is a precondition for enjoying rights like health, food, and water, and that climate impacts fall disproportionately on vulnerable and marginalised populations. States are increasingly expected to prevent foreseeable environmental harm and ensure affected communities have access to remedies.
Forest rights and Scheduled Tribes
In India, this intersection is most visible in forest areas, where millions of Scheduled Tribes and other traditional forest dwellers have lived for generations. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, was introduced specifically to correct what the law itself calls a historical injustice, granting individual and community rights over forest land and resources to people whose claims had never been formally recorded. The law also places responsibility on these communities for sustainable use and conservation, tying environmental stewardship directly to rights recognition.
Corporate social responsibility as a rights mechanism
With the private sector playing a larger role in India’s economy, the government has also mandated that certain companies contribute financially to social development. Under the Companies Act, 2013, eligible companies must spend at least two percent of their average net profits on Corporate Social Responsibility activities, with a preference for the local areas where they operate. In principle, this creates a direct link between corporate profit and community development, including for populations in forest and tribal regions affected by industrial activity. In practice, environment-focused spending remains a relatively small share of total CSR funds compared to sectors like education and healthcare, which is itself an ongoing debate.
The larger point is that environmental rights and human rights now sit on the same table. Meaningful protection requires participation of affected communities in decision-making, not just compensation after the fact.
Terrorism, security, and human rights
Terrorism presents one of the most difficult tensions in human rights discourse: how does a state protect citizens from violence without eroding the very freedoms it’s trying to defend? International guidance is fairly consistent on this point. The UN’s human rights office maintains that effective counter-terrorism and human rights protection are not competing goals but mutually reinforcing ones, and that the balance between security and liberty should be found within human rights law itself rather than treated as a trade-off.
This matters in the Indian context too, where anti-terror legislation, surveillance measures, and administrative detentions periodically raise questions about due process, especially for minority and marginalised communities who are statistically more likely to be affected by such measures. The consistent theme across human rights literature is that heavy-handed counter-terrorism measures, when they ignore due process, can end up fuelling the very grievances that drive radicalisation in the first place.
Globalisation, indigenous rights, and the road ahead
Globalisation has brought new economic opportunities to India, but it has also intensified inequality, youth unemployment, and pressure on governments to distribute wealth more equitably. For anthropologists and civil society alike, this raises a question that goes beyond individual rights: how do we protect the collective rights of indigenous and tribal communities in a world driven by global markets and rapid urban migration?
The employment gap as a rights issue
Unemployment might not sound like a classic human rights topic, but it increasingly is treated as one, since the right to work and an adequate standard of living are recognised human rights, not just economic goals. India’s own labour market data illustrates the strain: a detailed employment report from the International Labour Organization points to persistent gaps in decent work opportunities for young people, particularly those from socially and economically disadvantaged backgrounds, even as overall education levels rise. When large numbers of educated young people cannot find secure, well-paying work, it undermines the very inclusive growth that human rights-based governance is supposed to deliver, and it disproportionately affects first-generation learners from marginalised communities who had the most to gain from education-led mobility.
Individual rights versus collective rights
Much of human rights law, going back to its post-war origins, was framed around individual entitlements. But indigenous and tribal communities often experience rights collectively, through shared land, language, and cultural practice. The UN Declaration on the Rights of Indigenous Peoples was a landmark attempt to bridge this gap, recognising both individual and collective rights to land, culture, and self-determination for indigenous communities worldwide, even though the declaration itself is not legally binding.
Universalism versus cultural relativism
This tension feeds into an older anthropological debate: should human rights be universal, applying identically everywhere, or should they be interpreted with sensitivity to local culture and context? India’s own experience suggests a middle path is often necessary. Constitutional guarantees of equality exist alongside protections for tribal customary law and religious personal law, an arrangement that tries to honour both universal dignity and cultural specificity, even if it doesn’t always satisfy either camp completely.
Institutions under pressure
None of this works without credible institutions. Bodies like the National Human Rights Commission are meant to investigate violations and hold authorities accountable, but international observers have flagged concerns about how transparently its members are appointed and how independently it can act, since recommendations have gone unheeded even from the UN’s own human rights leadership. Strengthening such institutions, rather than creating new ones, is likely to matter more in the coming decade.
What do you think? As globalisation, climate change, and security concerns reshape what human rights mean in practice, should India lean more toward universal standards set by international bodies, or toward context-specific approaches rooted in its own social and cultural realities? And where do you see the biggest gap between human rights on paper and human rights in practice for marginalised communities around you?
References
- https://rti.gov.in/
- https://www.ohchr.org/en/climate-change
- https://tribal.nic.in/fra.aspx
- https://www.csr.gov.in/content/csr/global/master/home/aboutcsr/about-csr.html
- https://www.ohchr.org/en/special-procedures/sr-terrorism/terrorism
- https://www.ilo.org/sites/default/files/2024-08/India%20Employment%20-%20web_8%20April.pdf
- https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_E_web.pdf
- https://www.hrw.org/news/2023/03/09/rights-groups-raise-concerns-over-indias-national-human-rights-commissions-record
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