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.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 20,2020

New Delhi, Mar 20: The four men convicted of the gang rape and murder of a Delhi woman on December 16, 2012 were hanged in the darkness of pre-dawn on Friday, ending a horrific chapter in India's long history of sexual assault that had seared the nation's soul. Mukesh Singh (32), Pawan Gupta (25), Vinay Sharma (26) and Akshay Kumar Singh (31) were executed at 5.30 am for the savage assault in an empty moving bus on the 23-year-old physiotherapy intern who came to be known the world over as Nirbhaya, the fearless one.

This is the first time that four men have been hanged together in Tihar Jail, South Asia's largest prison complex that houses more than 16,000 inmates. The executions were carried out after the men exhausted every possible legal avenue to escape the gallows. Their desperate attempts only postponed the inevitable by less than two months after the first date of execution was set for January 22.

They were hanged at 5.30 am, Director General of Prison Sandeep Goel said.

After raping and brutalising the woman, the men, one of whom was a juvenile at the time, dumped her on the road and left for dead on the cold winter night. Her friend who was with her was also severely beaten and thrown out along with her. She was so severely violated that her insides were spilling out when she was taken to hospital. She died in a Singapore hospital after battling for her life for a fortnight.

Six people, including the four convicts and the juvenile, were named as accused.

While Ram Singh allegedly committed suicide in the Tihar Jail days after the trial began in the case, the juvenile was released in 2015 after spending three years in a correctional home.

The road to the gallows was a long and circuitous one, going through the lower courts, the High Court, the Supreme Court and the president's office before going back to the Supreme Court that heard and rejected various curative petitions.

The death warrants were deferred by a court thrice on the grounds that the convicts had not exhausted all their legal remedies and that the mercy petition of one or the other was before the president.

On March 5, a trial court issued fresh death warrants for March 20 at 5.30 am as the final date for the execution.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 15,2020

Bhopal, Mar 15: Madhya Pradesh Chief Minister Kamal Nath on Saturday sought the intervention of Home Minister Amit Shah for the "release" of 22 Congress MLAs in Karnataka, saying they had been held "captive" and were under "pressure".

In a letter to Shah, Chief Minister Nath said the BJP's demand for floor test had "no meaning" till the MLAs do not reach the state.

He said that the MLAs do not have any means of personal communication and all efforts to reach them have failed.

In the four-page letter, Nath said Governor Lalji Tandon had told him that the responsibility of security of those who will come to meet the Speaker should be with the CRPF but as the Chief Minister, it is his duty to ensure the security of all residents of the state including MLAs.

"I assure you that if these 22 MLAs are released by the Karnataka Police, then I will ensure maximum security by the state government so that they are able to convey their views without fear and take part in the proceedings of the assembly," Nath said.

He urged Shah to use his powers as Home Minister so that 22 MLAs safely reach Madhya Pradesh and discharge their responsibilities "without fear or greed" in the assembly session beginning on March 16."

Chief Minister Nath said that he had been informed that the MLAs had been deprived of all personal communication facilities.

He said that a father was not allowed to meet his son and two ministers who were accompanying the father of the legislator were "arrested" and manhandled by the Karnataka Police.

"My efforts to reach them as also of their relatives have failed which proves my apprehension that they are under captivity."

He said the videos released in the name of MLAs to "mislead" the people of the state were similar. "This proves that all these MLAs are under pressure and they are being forced to act in a particular way," he said.

Nath said that he was drawing Shah's attention to the developments in the state since March 3 which were aimed at destabalising the government.

He said three Congress MLAs, one BSP, and one independent MLA were taken to Gurugram and two ministers of his government were able to "rescue" the BSP legislator.

He said the three Congress MLAs and the independent MLA were later taken to Bengaluru by the BJP. He said a BJP MLA and a party functionary accompanied them.

"Later, 19 Congress MLAs were taken to Bengaluru in chartered planes and the arrangement was done by the BJP," he said, adding that they were accompanied by two former BJP MLAs and a former minister.

Kamal Nath said the number of MLAs in Bengaluru grew to 22 and they are all in the protection of the Karnataka Police.

He said some BJP leaders from Madhya Pradesh can be seen in pictures of the place where the MLAs were staying. "All reported expenses on these MLAs are being borne by the BJP," he said.

He said the BJP leaders had told the media about the resignation of MLAs and they had not presented themselves before the assembly Speaker.

Kamal Nath said he was concerned about the security of the MLAs and had written to the Governor earlier.

"You would agree with me that the demand for floor test has no meaning till the 22 MLAs are in captivity. This is unprecedented that the BJP is demanding floor test and several Congress MLAs have been kept outside the state,' he said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 11,2020

Kolkata, May 11: Murshidabad district, one of the biggest contributors to the army of migrant workers from West Bengal, received news of unnatural deaths of three of these people since Saturday. While two died in Kerala, one was found dead in a rented house in Odisha.

Residents of Baliaghati village in Murshidabad’s Suti police station area said Safikul Sheikh (31) was killed in a road accident in Kerala. Sheikh’s associates called up his family on Sunday morning and said he had gone to a local market, violating lockdown orders, when the accident took place. Sheikh wanted to return home before Eid but got stranded.

Mohammad Hafijul, one of Sheikh’s relatives, said, “A few days ago a special train from Kerala carried migrant workers to Murshidabad but Safikul did not have the money to buy a ticket. We do not know how his body will be brought back.”

In another incident, a 24-year-old resident of Domkal allegedly hanged himself in Kerala on Saturday. He used to work in a brick kiln. His mother said, “My son was depressed as he could not buy a ticket to board the special train that came to Murshidabad. We have appealed to the local administration to bring back his body.”

In the third incident, Bakul Sheikh (24) died under mysterious circumstances at Sonepur in Odisha where he went five months ago to work as a mason. Sheikh hails from Kohetpur village in Shamserganj. His relatives told the local police that his associates called up and said he was found dead inside the toilet of the house where he was living with other migrant workers.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.