India makes dubious claims before UN on human rights

June 4, 2012
UN_Right

New Delhi, June 4: It was due to a civil society struggle that the government only last year removed the bar on outsiders from participating in the social audit of projects executed under its showcase legislation of MGNREGA. Barring Andhra Pradesh, no state has so far implemented this reform. Yet, in its report for the ongoing universal periodic review (UPR) before the UN Human Rights Council, India cited the social audit clause in MGNREGA as an example of its policy of involving civil society in governance.

"States have reported that social audit has been conducted in 91% of the Gram Panchayats. 2,44,000 reports on social audit have been uploaded on the MGNREGA website," the government said, although the social audit in most of those cases had been conducted without the involvement of a civil society group or independent agency.

This is only one of the dubious claims made by India in a bid to downplay its failure to meet a lot of the commitments it had made at the end of the earlier UPR four years ago in Geneva. The council adopted a draft report on India's second UPR on May 30, comprising 169 recommendations on a range of human rights issues raised by 80 countries.

The issue that drew the greatest attention was India's failure to keep the promise of ratifying the UN convention against torture (CAT). This predicament was caused by India's attempt to get away with the enactment of a weak law, as a prelude to its ratification of CAT.

After Lok Sabha passed the Prevention of Torture Bill in 2010, Rajya Sabha, yielding to demands from civil society, referred it to a select committee. Though the committee's report suggesting improvements came in December 2010, the government's justification for the continuing stalemate on the Torture Bill was that the proposed amendments "are currently being examined".

India betrayed even greater disregard for its promise to ratify the UN "convention for the protection of all persons from enforced disappearances". With this, unlike in the case of CAT, the government has so far come up with neither a legislative measure nor any other step towards ratification. Though the Indian legal system is notoriously prone to illegal detentions, the government just said that it was still "studying the extent of changes in the domestic laws" it would need to make to comply with this international obligation.

Another controversial claim made by the government was on the first UPR's recommendation to maintain "disaggregated data on caste and related discrimination". While claiming that extensive data was available on dalits and tribals, the government skirted its failure to keep track of the atrocities committed against them across the country. This is in fact a statutory lapse because, under the Prevention of Atrocities Act, the government is required to table a report every year in Parliament. The last annual report tabled by the government on caste atrocities was of 2008, the year in which the recommendation for maintaining disaggregated data had been made by the earlier UPR.

The recently enforced right to free and compulsory education up to the age of 14 has proved embarrassing because of its anachronistic labour law allowing child labour from the same age. The government, however, said given the socio-economic conditions in the country, the time was not ripe for banning child labour or ratifying the ILO conventions under which the minimum age for employment was 18.

Other human rights issues on which India has been on the defensive included its failure to break the deadlock on enacting a law against communal and targeted violence, to strengthen legal mechanisms related to sexual violence and human trafficking, to impart human rights training to the police, to establish a moratorium on death penalty and to address iniquities based on the rural-urban divide.

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Agencies
July 13,2020

Kolkata, July 13: Debendra Nath Roy, a member of the West Bengal legislative assembly (MLA) from the Bharatiya Janata Party (BJP), was found dead near his house in north Bengal’s Uttar Dinajpur district on Monday morning.

BJP leaders and his family members have alleged that he was murdered. 

BJP president JP Nadda has expressed “shock” at Roy’s “deplorable and suspected heinous killing” and condemned the incident.

He questioned the rise of “gunda raj” in West Bengal under Chief Minister Mamata Banerjee’s watch amid the worsening law and order in the state, which is slated to hold assembly polls next year, where the BJP is seen to be the primary challenger to the CM’s citadel.

“The suspected heinous killing of Debendra Nath Ray, BJP MLA from Hemtabad in West Bengal, is extremely shocking and deplorable. This speaks volumes of the gunda raj and failure of law and order in the Mamata Banerjee-led government. People will not forgive such a government in the future. We strongly condemn the incident,” he tweeted.

The BJP has demanded a Central Bureau of Investigation (CBI) probe into the lawmaker’s unnatural death.

His body was found in the balcony of a shop near his house at Bondol in Hemtabad, Uttar Dinajpur district, on Monday morning.

“The body has been sent for autopsy. We are investigating the case. No one has been detained for questioning or arrested so far,” said a police official from Uttar Dinajpur district, requesting anonymity.

“Roy was murdered. The way his body was found suggests that it was a premeditated murder and the accused tried to pass it off as a suicide. The ruling TMC (Trinamool Congress) is involved in his murder,” alleged Rahul Sinha, national secretary, BJP.

The TMC, however, refuted the BJP’s allegations.

“I heard that he (Roy) died by suicide. Police are investigating the case. Let the truth come out. If he has been murdered, then the culprits should be identified and punished as per law,” said Kanhaiyalal Agarwal, a TMC leader from Uttar Dinajpur district.

BJP leaders said some people had called Roy around 1 am on Monday and he went out of his home. His body was found on Monday morning.

Roy had won the Bengal assembly elections from Hemtabad on a Communist Party of India (Marxist) ticket in 2016, but joined the BJP last year.

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Agencies
January 8,2020

New Delhi, Jan 8: Jawaharlal Nehru University Students Union (JNUSU) President Aishe Ghosh has filed a complaint over the violence that took place at the varsity campus on Sunday.

"I am filing this complaint for the incident in which a mob conspired and acted with common intention to assault, intimidate and attempt to murder me, and request you to register an FIR and apprehend culprits at the earliest," the complaint read.

She said that on January 5, in the afternoon, she received information from students in the campus that some students affiliated to ABVP along with other unidentified men and women had gathered with weapons like rods, sledgehammers and lathis near Ganga Bus Stop.

"I along with Nikhil Mathew (MA Labour Studies) who was also present there, were surrounded by a group of persons of that mob most of whom were wearing masks. The mob of 20-30 persons dragged me behind a car standing near the 24*7 and surrounded me and despite my pleading did not let me go and attacked me with rods while I had fallen down. I remember that one of the people was of medium height wearing a brownish-red sweatshirt with UCLA written on it. I saw his face as he was facing me and did not have a mask on and can identify him if I see him," Ghosh wrote in her complaint.

"I was attacked by the above-mentioned persons collectively and was hit on the head multiple times with iron rods. I fell to the ground and my head started bleeding, and some of them kicked me and hit me with the rod on my hand and rest of the body including my head, chest and back."

"I am attaching with this complaint a copy of the MLC which details my injuries. Nikhil Mathew tried to save me but was also hit with an iron hammer and other weapons on his head and arms. The intention of the group of men and their acts was definitely to murder me and other persons associated with me," she said.

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News Network
March 11,2020

Mar 11: Thirteen of the 22 rebel MLAs in Madhya Pradesh have given an assurance that "they are not leaving the Congress", senior party leader Digvijaya Singh said on Thursday while expressing confidence that the Kamal Nath-led government in the state will win a floor test.

"We are not keeping quiet. We are not sleeping," Singh told PTI, a day after Congress leader from the state Jyotiraditya Scindia quit the Congress and 22 MLAs submitted their resignations from the assembly in Madhya Pradesh.

Scindia was offered the post of Madhya Pradesh deputy chief minister but wanted his nominee, Singh said. However, Kamal Nath refused to accept a "chela", he said.

Scindia, he said, could have been a Congress nominee to the Rajya Sabha but "only Modi-Shah" can give a Cabinet post to the "over-ambitious" leader.

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