Fragile freedoms and the decline of human rights in global democracies

In an era where democracy is celebrated as the ultimate safeguard of human dignity, the erosion of human rights within democratic frameworks presents a sobering paradox. India, often lauded as the world’s largest democracy, embodies this tension, grappling with the dual imperatives of national security and civil liberties. This struggle, however, is not uniquely Indian; democracies worldwide face similar challenges. Yet, India’s declining performance in global human rights indices, such as the Press Freedom Index, raises pressing questions about the capacity of democracies to genuinely uphold human rights or whether this aspiration remains a distant utopia.

India’s slide to 161 out of 180 countries in the 2023 Press Freedom Index by Reporters Without Borders (RSF) highlights mounting concerns about media suppression. Journalists critical of the government increasingly face defamation, sedition, and terrorism charges, creating a chilling effect on dissent. Simultaneously, civil society organisations and NGOs encounter tightening restrictions through laws like the Foreign Contribution Regulation Act (FCRA), which critics argue are wielded to silence opposition under the guise of financial regulation.

This troubling trend is not isolated to India. Democracies globally contend with their own human rights dilemmas. In the United States, the murder of George Floyd spurred a nationwide reckoning with systemic racism and police violence. Despite heightened awareness and advocacy, meaningful policy reforms remain elusive. European nations face similar contradictions in their responses to migration, often sacrificing humanitarian principles for the sake of security and political expediency. Data underscores these disparities. According to Pew Research, democratic values such as free speech and fair judiciary systems enjoy strong support in Western democracies, with 70% or more affirming their importance. However, this support diminishes in regions like South Asia, where only 32% of respondents prioritise free speech. Similarly, Amnesty International and the World Justice Project reveal gaps between public awareness of human rights and their enforcement, citing compromised judicial independence and selective application of laws in many democracies, including India. In India, caste-based discrimination, gender violence, and religious intolerance persist despite constitutional safeguards. The National Crime Records Bureau (NCRB) reports a troubling rise in crimes against women over the past decade, while Human Rights Watch highlights the increasing marginalisation of minority groups. Activists and journalists are routinely detained under anti-terrorism laws such as the Unlawful Activities (Prevention) Act (UAPA), raising concerns about a slide toward authoritarianism under the pretext of national security.

The issue of selective enforcement also permeates international politics. Western democracies, while vocal on certain human rights violations, often exhibit strategic silence on issues like China’s treatment of Uyghurs or the Israel-Palestine conflict, exposing a troubling double standard. These inconsistencies erode global faith in the universality of human rights, perpetuating the perception that some lives are valued more than others. Underlying this inaction are psychological and structural barriers. Social psychologists highlight the bystander effect, where individuals assume others will intervene, leading to societal apathy. Moral disengagement compounds this, as people rationalise abuses against marginalised groups by mentally distancing themselves. Additionally, governments often prioritise economic and political interests over human rights, especially in times of social or economic instability.

The erosion of rights is compounded by weak enforcement mechanisms. For example, while many nations boast robust legal frameworks, systemic inefficiencies or lack of political will hinder their application. In India, justice often remains elusive due to slow judicial processes and underfunded legal institutions, leaving victims of human rights abuses without timely redress. This gap between principle and practice undermines public trust and perpetuates cycles of injustice. Nonetheless, the promise of democracy lies in its potential for accountability and reform. Democracies are uniquely positioned to balance individual freedoms with security concerns through mechanisms of transparency, public participation, and judicial oversight. However, the centralisation of power and increasing state control over civil liberties threaten this equilibrium.

The path forward demands action from both governments and citizens. Governments must strengthen legal frameworks to prevent abuses, provide mechanisms for redress, and uphold their international commitments to human rights. The global community must push for consistent accountability, applying equal scrutiny to all nations regardless of political alliances. Citizens, too, bear a critical responsibility. Democratic engagement through voting, advocacy, and activism is essential to holding leaders accountable. In a rapidly growing digital world, leveraging technology to advocate for human rights presents both opportunities and challenges. While digital platforms amplify voices, they also heighten risks of surveillance and censorship, necessitating vigilance in the fight for digital rights. Civic education, too, plays a pivotal role in fostering an informed populace that understands its rights and responsibilities. Achieving perfect human rights protection may be unattainable, but striving for a fairer balance is not. By prioritising transparency, fostering open dialogue, and resisting policies that unduly infringe on freedoms, democracies can restore their commitment to human dignity. The survival of democracy depends not only on its institutions but also on
the collective resolve to uphold the principles that make it a true defender of human rights. Protecting these rights is not merely an idealistic pursuit but a necessary foundation for building just and equitable societies.

(The writer is a professor and Dean at Christ deemed to be university, Bengaluru)