http://www.guardian.co.uk/commentisfree/2011/jul/22/india-human-rights

India's human rights record makes a farce of its democracySeema Sengupta

India is a nation engrossed in confronting terrorism and suppressing
intermittent local rebellions. It is also witnessing a surge in human rights
violations, which the government seems to be happily lackadaisical in
preventing.

The Asian Centre for Human Rights has
documented<http://www.achrweb.org/press/2010/IND08-2010.html>a jump in
cases of custodial deaths by 41.66% over the last decade,
including 70.72% in prison and 12.60% in police custody. It is indeed a
paradox that the largest democracy is defiled by frequent cases of illegal
detention, torture, extrajudicial execution and forced disappearances.
Moreover, nothing could be more disgraceful than the incarceration of
thousands of people for political reasons in this multiparty democracy.
Unfortunately, the state seems to be competing with the outlaws in trampling
the basic rights of its citizens guaranteed by the Indian constitution. The
common people, particularly minorities and the underprivileged, are enduring
all forms of inhuman and degrading treatment at the hands of security
personnel. Mumbai-based grocer Faiz Usmani's sudden
demise<http://articles.timesofindia.indiatimes.com/2011-07-19/mumbai/29790527_1_usmani-died-mortem-afzal>during
his grilling by investigating officers probing the 13 July serial
bombing points to a greater malaise. Though Usmani's brother is a suspected
terrorist, ad hoc mass detention without specific charges following every
major crime has become an unofficial practice.

Prakash Singh, a former director general of police and distinguished
internal security expert struggling to usher in police reforms, candidly
admitted to me that the "state has turned rapacious", while simultaneously
advocating appropriate legislative immunity in its tackling of the scourge
of extremism. Despite his admiration for the restraint displayed by Indian
forces, the subaltern class – especially in underdeveloped areas – continues
to face the combined wrath of militants, security agencies and
state-sponsored militias. While rebels against the Indian constitution
randomly exploit the poor, having no hesitation in extracting levy for a
perjurious cause, the foot soldiers of the Indian state wilfully use this
hapless population as human shields during counterinsurgency operations.

Ironically, administration-backed militias working as an extended arm of the
police show no qualms in resorting to criminal acts in insurgency-infested
provinces. More inclined to treating homebred militancy as a mere law and
order subject, the Indian government is adopting a carrot and stick
strategy. Notwithstanding the rapid strides in enacting social legislation
guaranteeing rural employment, the right to education, ownership of forest
land for tribal people and strengthening social security of the unorganised
workforce – there seems to be a reluctance to fetter the security agencies
which use extralegal measures to enforce the law.

Intriguingly, the cabinet has drawn a veil over the prevention of torture
bill, 2010 <http://pib.nic.in/newsite/erelease.aspx?relid=60120> and is
dithering over ratifying the UN convention on torture while ignoring calls
from Amnesty International to ensure fair trials at international standards.
Bodies such as the United Nations and the European Union have consistently
voiced concern at India's disregard for humanitarian laws. As far back as
1997, the UN human rights committee expressed its anxiety about the
widespread use of torture by law enforcement agencies: "The EU has regularly
taken up in the framework of its dialogue with India, the implementation of
public order-related legislation and allegations of human rights
violations," says Jean-Christian Rémond of the European External Action
Service.

Alarmingly, India's official human rights body – the National Human Rights
Commission – has failed miserably to lead a national discourse on human
rights and dignity, thus taking
flak<http://articles.timesofindia.indiatimes.com/2011-05-23/india/29574012_1_nhrc-chairman-national-human-rights-commission-paris-principles>from
the UN Human Rights Council. With limited resources and an enormous
charter, the agency has been rendered ineffective. In a democratic
framework, any extralegal activity by police undermines not only the
established procedural set-up, but also the fundamentals of governance.

Sadly, such practice has infected India's paramilitary and military units
too. India's supreme court has termed such authoritarian acts cowardly and
unconscionable<http://www.humanrights.asia/news/ahrc-news/AHRC-STM-057-2010>.
The government must introduce appropriate reforms instead of maintaining a
deafening silence. After all, the imposition of restrictive and predatory
laws to contain public outcry stands as a glaring testimony to India's
abject failure to offer a proper outlet for popular grievances.

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-- 
Adv Kamayani Bali Mahabal
+919820749204
skype-lawyercumactivist
*
*
*The UID project i**s going to do almost exactly the same thing which the
predecessors of Hitler did, else how is it that Germany always had the lists

of Jewish names even prior to the arrival of the Nazis? The Nazis got these
lists with the help of IBM which was in the 'census' business that included
racial census that entailed not only count the Jews but also identifying
them. At the United States Holocaust Museum in Washington, DC, there is an
exhibit of an IBM Hollerith D-11 card sorting machine that was responsible
for organising the census of 1933 that first identified the Jews.*
*
*
*http://saynotoaadhaar.blogspot.com/*
*http://aadhararticles.blogspot.com/*
*http://www.facebook.com/home.php?sk=group_162987527061902&ap=1*<
http://www.facebook.com/home.php?sk=group_162987527061902&ap=1>

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