Acta Iuris Stetinensis

The aim of this article is to point to human rights in India and to take up a discussion about them. It is an interdisciplinary work since it refers to cultural, religious and social determinants. Selected provisions of Indian law are analysed and then their functioning in day-to-day life is looked at. The leading thought of the article is that the law currently in force in India has features that are indispensable in a democratic rule of law, though theoretical assumptions do not match up with practice and enforcing law in India is not easy. Social attitudes cause various complications. For hundreds of years, citizens of India have lived in a different way, which is why it is difficult for them to find themselves by applying new principles where man’s personal dignity, a real foundation of fundamental rights, is key. The article’s assumption is also that a deep and permanent change in society requires time, because a change in the law does not always entail a change in behaviours and habits. This study primarily employs the method of interpretation of the law in force and a comparative analysis to show differences between legal assurances and reality. The article analyses the situation of Indian women, with a particular focus on surrogates, and emphasizes the problem of selective abortion. It describes certain elements of Hinduism, which (despite a legal ban) still function within the society and contribute to discrimination. The article also touches on poverty and access to public health protection. Unfortunately, to see the real effects in people’s approach, penalization of selected behaviours is not enough. Time to create a new, better reality is necessary most of all. The manifestations of violations of human rights shown in this paper will undoubtedly contribute to a better understanding of this important subject, which is still a timely international problem, though, naturally, depending on the place, varies in intensity and takes on different forms.