Democratization, Social Justice, and Human Rights
Interrogating India’s Experience
Summary
Excerpt
Table Of Contents
- Cover
- Title Page
- Copyright Page
- Contents
- Figures
- Tables
- Acknowledgments
- Introduction: Revisiting Democratization, Social Justice and Human Rights in India (Kunal Debnath)
- Posing the Problem
- Thematic Outlines
- Democracy, Human Rights and Social Justice in India
- A Brief Outline of Chapters
- Conclusion
- References
- PART I Interrogating Democracy and Democratization
- 77 years of India’s Democracy: A Critical Overview (Bankim Chandra Mandal)
- Introduction
- Development of Democratic Institutions and Values
- Emergency and the Indian Democracy
- NDA Government and the New Challenges
- Growing Crisis in Indian Democracy
- Erosion of Parliamentary Procedures and Functioning
- Executive Control over the Other Organs of the Government
- Dismantled Judicial Independence and Impartiality
- Questionable Verdicts in Cases Involving Political Issues
- Undermining Federal Structure
- Freedom of the Press
- Assault on Civil Rights
- Crackdown of Civil Society
- Assault on Religious Minorities, Dalits and Adivasis
- Corruption and Criminalization
- Socio-economic Development
- Why Indian Democracy Survives
- Conclusion
- References
- How Could Theory Provide Insights to the Opposition? Critical Reflections on Bharat Jodo Naya Yatra and the Task of Democratization (Sourish Jha)
- Introduction to Bharat Jodo Naya Yatra and Its Aspirations
- Theoretical Foundations and Prioritizing Injustice
- Critical Analysis and Political Implications
- References
- Navigating the Role of Civil Society in Indian Democracy: Historical Legacy and Contemporary Experiences (Abhisek Karmakar)
- Introduction
- Conceptual Genealogy of Civil Society-Democracy Interface
- Historical Legacy of Civil Society in Modern India
- Civil Society and Democracy in India: The Postcolonial Experience
- Conclusion
- References
- PART II A Look at Justice
- The Patriarchy of the Pandemic: An Analysis of the Gendered Inequality in the Domestic Space in India (Mondrita Roy)
- Introduction
- Patriarchy and Pandemic
- Domestic Violence and Pandemic
- Pandemic and Indian Democracy
- Factors Behind the Rise of Domestic Violence
- Social Media and Pandemic
- Indian Democracy and Domestic Violence
- The Democracy and the Pandemic
- Conclusion
- References
- Social Justice and Inclusivity: A Study of the Lodhas of Jhargram, West Bengal (Sudipta Mandal)
- Introduction
- Lodha: A Tribe Having Social Identity Predominantly Shaped by History
- Lodhas: A Glimpse into Their Social and Economic Patterns of Life
- State Interventions and Development Plans: Initiatives Taken to Develop the Tribes with Lodhas in Particular Since Independence
- Conclusion
- References
- Gender Justice with Special Reference to the Dalit Women of Maharashtra and West Bengal (Joyeeta Das)
- Introduction
- Baby Kamble: A Victim of Dual Marginalization
- Baisantri’s Dohra Abhishap: A Saga of Suffering of Three Generations of Dalit Women Writers
- Urmila Pawar: A Prolific Dalit Feminist Writer Known for Her Critique of Social Discrimination
- Hira Bansode: An Advocate of Working-Class Dalit Women Categorized as ‘Twice Dalit’
- Kalyani Thakur Charal: A Prominent Voice for Dalit Women of West Bengal
- Casteism: A Myth or Reality in Bengal?
- An Analogy of the Lived Experiences of Dalit Women from Maharashtra and West Bengal
- Conclusion
- References
- The Not So Grand Narrative: Tracing the Social Impact of Identity on Women and LGBTQ+ Community (Sambhavya Ghosh Chowdhury and Sreeparna Banerjee)
- Introduction
- Premier Constitutional Provisions and Laws for Women and the LGBTQ+ Community
- Intersectionality of Identity
- How are the Women and LGBTQ+ Communities Utilizing their Identity?
- Conclusion
- References
- Democracy and Environmental Justice in India: Assessing the Impact of Environmental Policies on Vulnerable Communities (Souvik Chatterjee)
- Introduction: Democracy and Environmental Justice in India
- Democracy, Human Rights, and Environmental Justice: A Theoretical Framework for Protecting Vulnerable Communities
- Environmental Policies in India: Historical and Legal Framework
- Impact of Environmental Policies on Vulnerable Communities in India
- Vulnerability of Marginalized Communities and Democratic Governance: The Indian Scenario
- Conclusion
- References
- PART III Perspectives on Human Rights
- Beyond Endurance: The Harrowing Reality of Human Rights Abuses and Torture Inflicted on Women (Unmana Dhar)
- Introduction
- Historical Development of Human Rights
- Theoretical Framework on Human Rights
- The Harrowing Reality of Women’s Rights: An Indian Experience
- Violation of Women’s Human Rights in General
- Violation of Women’s Human Rights by Family and Society
- Human Rights for Women Enumerated in the Indian Constitution
- Inquiry and Investigation
- Intervention in Legal Proceedings
- Legal action
- Prison visits
- Reviewing Safeguards
- Others
- Gaps in Implementing CEDAW in the Indian Context
- Affirmative Action
- Conclusion
- References
- From Wombs to Wealth: The Socio-economic and Human Rights Landscape of Surrogacy in India (Piku Das Gupta)
- Introduction
- Context and Background of Surrogacy
- Navigating the Multidimensional Concerns of Surrogacy
- Cross Border Surrogacy: Ethico-Legal and Human Rights Implications
- Commercial Surrogacy in India: A Multifaceted Analysis of Health, Wealth and Rights
- Examining Vulnerabilities and Exploitations in Surrogacy Arrangements in India
- Case Studies
- Conclusion
- References
- Refugee Rights: An Experience between the East and West after Partition in India (Sankar Bhunia)
- Introduction
- Who are the ‘Refugees’?
- India and the 1951 Convention
- Refugees Rehabilitation in the Western Part of the Indian State
- Refugees Rehabilitation in the Eastern Part of the Indian State
- A Comparison between the East and the West
- Conclusion
- References
- Beyond the Margins: Investigating Land Rights Violations Among Adivasis in India (Bisari Dey)
- Introduction
- Understanding the Adivasi
- The Issue of Marginalization
- Adivasis and Land Rights
- Conclusion
- References
- Notes on Editors and Contributors
- Editors
- Contributors
- Index
Figures
Figure 1: WHO Recommendations for Governments to Help Women and Their Children During COVID-19
Figure 2: Pre- and Post-COVID-19 Trends in Domestic Violence (DV) in India
Figure 3: Human Rights Violations Faced by Sexual and Gender Minorities in India (2018)
Tables
Table 1: Month-wise and State-wise Data of Complaints Registered/Received by the National Commission of Women since March 2020
Table 2: Compensation Provided by the Central Government for the West Pakistan Refugees
Table 3: Percentage of the Refugees in West Bengal
Table 4: Rehabilitation of Agricultural Families in Rural Areas under Different Schemes
Table 5: Housing in the East and West: A Comparison
Table 6: Refugee Rehabilitation Administration
Acknowledgments
The production of this edited volume would not have been accomplished without the collaborative effort, expertise and sincerity of many people, to whom we are deeply grateful.
First and foremost, we would like to express deep appreciation to all of the contributors, whose outstanding expertise and willingness to share their work have made this book what it is. Their thoughtful chapters and unique viewpoints contributed significantly to our project, and we are grateful to have worked with each of them.
We are also appreciative of the peer reviewers for their invaluable feedback, which helped ensure that the book maintained its academic rigour and relevance. Their insights and constructive criticism have substantially improved the quality of this work.
A special thanks to Peter Lang International Academic Publishers and the entire editorial team, especially Ms. Indrani Dutta, for their professional support and dedication to bringing this project to reality. Their efficiency and attention to accuracy were significant at all stages, from initial proposal to final manuscript.
Finally, we are grateful to our family members for their continuous support and patience throughout the duration of this project. Their support and understanding have been a source of strength throughout the journey.
Kunal Debnath
Bankim Chandra Mandal
Kolkata, January 2026.
Introduction: Revisiting Democratization, Social Justice and Human Rights in India
ABSTRACT
Democracy, social justice and human rights are crucial in today’s interconnected world. India, often regarded as the largest democracy globally, has faced challenges in implementing these principles due to historical injustices despite its stable electoral system. Nevertheless the Indian Constitution, which enshrines equality and affirmative action, deep-rooted inequalities persist, particularly in caste discrimination, socio-economic disparities and ecological marginalization. India’s diverse civil society actively advocates for human rights protection. Still, human rights violations persist, including police brutality, religious and communal violence, gender-based violence and restrictions on freedom of expression. State repression, particularly in conflict-affected regions, has also sparked criticism from human rights organizations. Debates on democracy, social justice and human rights in India have intensified in recent years, driven by caste marginalization and the erosion of democratic norms. This edited book proposes an integrated approach to further democratization, addressing the different facets of democratization, social justice and human rights in the Indian context.
Keywords: Democracy, democratic backsliding, electoral autocracy, social justice, human rights, caste discrimination, injustice, equality
Posing the Problem
The concepts of democracy, social justice and human rights are now central to the ideologies and functions of national and international organizations in a world that is becoming increasingly interconnected. India’s unique historical, cultural and socio-economic background has influenced the country’s complex and multidimensional experience with democratization, social justice and human rights. India’s stable electoral system, which permits regular elections at all governmental levels, has led to it being referred to as the world’s largest democracy. Since gaining independence from British imperial rule in 1947, India has held periodic elections and adopted a parliamentary system of governance. However, challenges, including electoral integrity, political dynasties and corruption, persist and prevent the full implementation of democratic standards. Efforts to rectify historical injustices, especially those pertaining to caste discrimination, socio-economic inequality and environmental exclusion, have characterized India’s path towards social justice. With provisions like reservation quotas for historically underrepresented groups like Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs), the Indian Constitution upholds the values of equality, social justice and affirmative action. Deeply ingrained disparities nevertheless exist, and marginalized groups continue to experience exclusion and discrimination in many areas of life in spite of these efforts. Furthermore, India boasts a thriving and diversified civil society that actively promotes accountability and fights for the protection of human rights. Nevertheless, human rights abuses, such as brutality by police, violence against women and restrictions on the right to free speech and dissent, are still a problem. Human rights organizations nationally as well as globally have criticized instances of state repression, especially in conflict-affected areas like Jammu and Kashmir, the northeastern states and places impacted by left-wing extremism. Issues of contention, including citizenship rights, caste marginalization and the deterioration of democratic standards, have sparked intense debates about democracy, social justice and human rights in India in recent years. Even while India has achieved substantial improvements in some areas, much more needs to be done to address systemic injustices, defend fundamental rights and fortify democratic institutions in order to guarantee the inclusive and equitable growth of all of its residents. This edited book offers an integrated strategy to further democratization through these initiatives in this setting.
Thematic Outlines
Theorists of democracy have long been perplexed by India. According to democratic philosophy, a highly hierarchical social structure, poverty and widespread illiteracy are all detrimental to democracy’s ability to function. However, after gaining independence from the British in 1947, India has upheld its democratic institutions, with the exception of the 21 months between 1975 and 1977 (Varshney, 1998). Eighteen parliamentary elections and numerous state assembly elections have taken place throughout those 77 years. At the federal level, there have been ten instances of peaceful handovers of power between opposing political parties. With the exception of the recent emergence of the National Democratic Alliance (NDA), led by the Bharatiya Janata Party (BJP), which now controls the centre and 19 of the 28 states, the party that controlled New Delhi has not held power in almost half of the states since 1967. Furthermore, incumbent governments have lost elections on multiple occasions between 1977 and 1998. Even a quick glance at morning newspapers will demonstrate that the press has remained active, free and unafraid to criticize the government. The judiciary retains its institutional autonomy in spite of sporadic pressure from the federal executive branch (Varshney, 1998). Turnout for elections continues to rise and is above the average in a number of developed Western democracies. In the general elections of 2024, turnout has risen to more than 65 per cent, despite beginning at 45.7 per cent in the first general elections in 1952.
According to Lijphart (1996), India has long been a ‘puzzle’ for scholars of comparative democratic politics. John Stuart Mill’s claim that democracy is ‘next to impossible’ in multiethnic societies and ‘completely impossible’ in linguistically divided countries is contradicted by its success in preserving democratic rule in the largest and most diverse democracy in the world since independence in 1947 (apart from the brief authoritarian interval of the 1975–1977 emergency). According to the power-sharing theory, profoundly divided societies can still have democracy—but only if it is a consociational democracy, that is characterized by (1) grand coalition governments that include representatives of all major linguistic and religious groups, (2) cultural autonomy for these groups, (3) proportionality in political representation and civil service appointments and (4) a minority veto with regards to vital minority rights and autonomy (Lijphart, 1996). According to Lijphart (1996), all four essential features of power sharing have been seen in Indian democracy. The inclusive nature and political dominance of the Indian National Congress have generated grand coalition cabinets with ministers belonging to all the main religious, linguistic, and regional groups, satisfying the first criterion of a grand coalition. Linguistic reorganization, educational autonomy granted to religious and linguistic groups (as well as ‘full government financial support’ for these) and the existence of distinct personal laws for various religious groups were all measures taken to meet cultural autonomy. Proportionality was maintained despite simple plurality by stating that ‘plurality does not disfavour geographically concentrated minorities’, such as India’s linguistic groups, that the Congress Party is the ‘party of consensus’ and that it has given religious groups ‘a share of ministerships remarkably close to proportional’. He also mentioned the reserved seats for STs and SCs and the reservations for OBCs. Citing instances like the reversal of the Shah Bano verdict (a veto of the Muslim minority) and the continuation of English as an additional official language (a veto of the non-Hindi-speaking states), he contended that his last requirement, the minority veto, was satisfied.
Adeney and Swenden (2019), however, questioned Lijphart’s account’s plausibility. They contended that between 1952 and 1989, India did not operate as a power-sharing or consociational democracy, albeit not completely lacking (de facto) aspects of power-sharing. Following the collapse of the one-party system (1989–1996), Indian democracy developed more de facto and de jure consociational features in terms of caste and territorial accommodation than during the one-party-dominant phase. SCs, STs, and OBCs are still underrepresented in the civil services, despite the fact that the implementation of affirmative action has boosted their representation in government jobs. The accommodation of religious minorities, particularly the Muslim population, has suffered since the 1980s with the development of Hindu nationalism and the return of one-party rule in 2014.
Heller (2020) suggests that by using the example of India, which is particularly relevant to theories of democracy, we can discuss the problem at two levels. First, the overall picture of Indian democracy serves as a reminder that the path to democracy is not a straight line. Even while India’s democratic institutions have been praised for their strength, there is growing scepticism about their efficacy (Heller, 2000). Despite seven decades of democratic governance, India’s lower classes remain politically, socially and economically marginalized. Second, a more nuanced view shows that there are varying levels of democracy or citizenship intensity inside the unitary institutional sphere delineated by boundaries of the Indian state (Heller, 2000).
With the nation-state always serving as the unit of analysis, the discussion of democratic transitions has naturally centred on the building up of electoral, constitutional and procedural institutions. While concentrating on formal national-level institutions offers limited analytical leverage for conceptualizing democratic deepening, it is helpful for typologizing regimes and distinguishing democracy from authoritarianism. Because politics and institutions are relational and configurational, their characteristics are never completely identical, either vertically from one tier of the state to another or horizontally across many policy arenas.
Details
- Pages
- XII, 258
- Publication Year
- 2026
- ISBN (PDF)
- 9781805840213
- ISBN (ePUB)
- 9781805840220
- ISBN (Softcover)
- 9781805840206
- DOI
- 10.3726/b22897
- Language
- English
- Publication date
- 2026 (March)
- Keywords
- Democracy democratization electoral autocracy consociational democracy civil society social justice human rights gendered justice environmental justice refugee rights reproductive rights caste land rights Adivasis Dalits marginalization LGBTQ+
- Published
- Oxford, Berlin, Bruxelles, Chennai, Lausanne, New York, 2026. xii, 258 pp., 3 fig. b/w, 6 tables.
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