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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News Network
May 28,2020

May 28: Congress President Sonia Gandhi on Thursday asked the central government to unlock its coffers and help the needy affected by the coronavirus-induced lockdown.

In a video message posted as part of the Congress' 'Speak Up India' campaign, she lamented that even though the country is passing through a serious economic crisis with loss of livelihood due to the pandemic and the lockdown, the central government has not heard the cries of pain and trauma of people.

"We again urge the Centre to unlock its coffers and help the needy. Put direct cash of Rs 7,500 per month in the account of every family for the next six months and provide Rs 10,000 immediately; ensure safe and free travel of labourers back home, employment opportunity and rations; and also increase the number of work days under MNREGA to 200 days to facilitate jobs in villages," Gandhi said.

"Instead of loans, provide financial relief to small and medium industry so that crores of jobs are saved and the country progresses," she said in her video message on the party's social media handles.

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Agencies
January 5,2020

New Delhi, Jan 5: Senior Congress leader P Chidambaram on Sunday sàid it was "shameful" that Sadaf Jafar, SR Darapuri and Pavan Rao were arrested by the Uttar Pradesh Police for violence without any evidence against them.

He also said that it was a shocking admission by the police that there is no evidence of their involvement.

"Sadaf Jafar, S R Darapuri and Pavan Rao Ambedkar released on bail after police ADMITTED no evidence of their involvement in violence. Shocking admission," he said on Twitter.

"If that were so, why did the police arrest them in the first place? And how did the Magistrate remand them to custody without looking at the evidence," he asked.
"The law says 'find evidence, then arrest'. The reality is 'first arrest, then search for evidence'. Shameful," Chidambaram tweeted.

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Agencies
March 16,2020

New Delhi, Mar 16: Chief Justice of India Sharad Arvind Bobde on Monday said that rules for preventing overcrowding in the courts to avoid the spread of coronavirus cannot be relaxed for journalists alone on the basis of profession.

"Can't make an exception on the basis of profession," CJI Bobde said while asking journalists to share information and notes and suggesting that a system can be put in place to facilitate daily media briefing by Secretary-General.

Video conferencing facility being contemplated may be brought into place but not sooner than one week from now and reporters may take turns to attend hearings, CJI Bobde said.

He said that the court does not wish to prevent any reportage.

Attorney General KK Venugopal and Solicitor General Tushar Mehta informed the Chief Justice of India about the crowded corridors on account of restricted entry inside courtrooms.

CJI Bobde said that he himself wishes to assess and take stock of the situation and may do so tomorrow at 10.30 am.

This comes after the top court introduced several precautionary measures to prevent the spread of coronavirus and allowed only restricted entry of lawyers, litigants, and journalists in the courtroom.

Thermal-screening of the lawyers, litigants, and media persons were also conducted in the Supreme Court on Monday amid coronavirus fears.

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