B. A. 1st Sem Political Science (General Elective Unit-Vth- Challenges and Barriers to Civil Rights)

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By

Dr. Farzeen

Unit V: Challenges and Barriers to Civil Rights

1. Introduction

  • Civil rights are meant to guarantee equality, dignity, and freedom for all citizens.

  • However, in practice, these rights face barriers and challenges due to systemic flaws, social hierarchies, and structural inequalities.

  • These challenges weaken democracy, social justice, and constitutional values.

2. System Barriers

(a) Corruption

  • Meaning: Misuse of public office for private gain.

  • Forms: Bribery, nepotism, embezzlement, favoritism.

  • Impact on Civil Rights:

    • Delays in justice delivery.

    • Denial of welfare schemes (ration, pensions, scholarships).

    • Poor service delivery in health, education, employment.

  • Example: PDS (ration system) corruption depriving poor families of food grains.

(b) Misuse of Power

  • Meaning: When authorities act arbitrarily, violating constitutional rights.

  • Forms:

    • Police excesses: Fake encounters, custodial deaths.

    • Political misuse: Suppressing dissent, illegal surveillance.

    • Bureaucratic hurdles: Red-tapism, harassment of citizens.

  • Impact: Erodes rule of law and undermines faith in governance.

  • Example: Arbitrary arrests under sedition/UAPA laws.

3. Rights of Marginalized Groups

(a) Dalits (Scheduled Castes)

  • Challenges:

    • Caste-based discrimination and violence.

    • Exclusion from land, resources, and education.

    • Atrocities despite SC/ST Prevention of Atrocities Act, 1989.

  • Example: Incidents of manual scavenging, honor killings, and denial of temple entry.

(b) Adivasis (Scheduled Tribes)

  • Challenges:

    • Displacement due to mining, dams, and industrial projects.

    • Loss of traditional livelihood and culture.

    • Lack of access to education and healthcare.

  • Example: Narmada Dam displacement issues.

  • Legal Safeguards: PESA Act (1996), Forest Rights Act (2006).

(c) Women

  • Challenges:

    • Gender-based violence: dowry deaths, domestic violence, sexual harassment.

    • Unequal political participation and wage gap.

    • Patriarchal norms restricting freedom.

  • Constitutional Safeguards: Articles 14, 15, 16, 39(d), 51A(e).

  • Example: Nirbhaya case (2012) highlighted safety concerns.

(d) LGBTQIA+ Community

  • Challenges:

    • Social stigma, discrimination, and violence.

    • Exclusion from jobs, housing, and healthcare.

    • Legal recognition came late (Sec. 377 decriminalized in 2018).

  • Landmark Judgments:

    • Navtej Singh Johar v. Union of India (2018) – Decriminalized homosexuality.

    • NALSA v. Union of India (2014) – Recognized transgender persons as a third gender.

  • Current Issues: Lack of marriage rights, workplace equality, healthcare discrimination.

4. Broader Challenges

  • Illiteracy and Lack of Awareness: Citizens unaware of their rights.

  • Poverty and Economic Inequality: Weakens access to justice.

  • Social Prejudices: Casteism, communalism, and gender bias.

  • Weak Implementation of Laws: Laws exist but enforcement is poor.

5. Measures and Reforms

  1. Legal Reforms: Stronger implementation of anti-corruption and anti-discrimination laws.

  2. Awareness Campaigns: Educating citizens about their rights.

  3. Digital Tools: Online grievance portals, RTI, e-governance.

  4. Judicial Activism: Courts safeguarding fundamental rights.

  5. Civil Society Movements: NGOs, activists, media playing watchdog role.

6. Conclusion

  • Civil rights are the soul of democracy, but corruption, power misuse, and social discrimination act as barriers.

  • Protecting marginalized groups and strengthening accountability mechanisms is essential for realizing constitutional ideals of equality, liberty, and justice for all.

✅ Classroom Tip:
Tell students – “Civil rights are not self-executing. They require continuous struggle, vigilance, and advocacy to overcome systemic barriers and ensure justice for all.”


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