'India has abysmal human rights record'
Vicky Nanjappa
April 07, 2008 11:25 IST
The United Nations Human Rights Council should ensure that Indian government
takes strong steps to hold members of its security forces responsible for
torture, arbitrary detentions, killings, and disappearances, accountable, Human
Rights Watch said on Monday.
The UNHRC should also demand that New Delhi fulfils its responsibility to
protect and support vulnerable communities, including Dalits, tribal groups,
religious minorities, and women.
India's human rights record will come under the first-ever Universal Periodic
Review when the UNHRC meets in Geneva on April 10, 2008.
"India is a vibrant electoral democracy with an abysmal human rights record,"
said Brad Adams, Asia director at Human Rights Watch.
"Victims of abuse in India are counting on the Human Rights Council to put
maximum pressure on the government to address these problems."
In its submission to the UPR, India said it had adopted various measures for
the protection of human rights, including training of government officials,
armed forces, prison officials and legal officers.
Such measures have had a 'beneficial effect' and there has been a 'decline in
complaints of human rights violations -- even from areas affected by insurgency
and terrorist activities and violence,' it added.
While it welcomes the government's efforts, Human Rights Watch still believes
that human rights violations are rampant.
According to HRW, security forces in India are responsible for grave human
rights abuses during counter-insurgency operations, such as in Jammu and
Kashmir, Assam and Manipur.
Serious abuses are being committed in the many states where there is a violent
campaign by Maoist 'Naxalite' groups. Further, the government is ignoring the
crime of forced disappearances from past conflicts in Punjab and Nagaland, it
said.
Extrajudicial executions, often disguised as encounters with armed criminals,
have become the norm and are widely reported in Indian media. Torture and
arbitrary detentions continue, not just in insurgency-affected areas, but also
in most police stations in the country. Yet India continues to provide
effective immunity from prosecution to its security forces and other public
officials, HRW laments.
When investigations are started, they are often blocked. The army and other
special forces, in particular, remain almost completely above the law, it
claimed.
"India likes to tell the world that it has a world class legal system that
allows it to solve its own problems, but the reality on the ground is far
different," Adams said.
"Killers and torturers in the army and police do their work with official
protection, degrading the law and taking the shine off of India's claim to be
an emerging world leader. Now is the time to repeal antiquated laws that
protect abusers," he added.
In its submission for the UPR, India claimed to have "embarked on a programme
of affirmative action which was, perhaps, without parallel in scale and
dimension in human history."
The policies are intended to end discrimination against Scheduled Castes and
Tribes, and provide quotas in jobs, education and political representation.
India cited policy initiatives and legislation, including the recent Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, which recognizes customary land rights of these communities. These efforts
are welcome and the necessary foundation for reform.
However, India has failed to effectively implement these policies and laws.
Dalits, tribals and other so-called backward classes continue to suffer severe
discrimination, exploitation and violence.
They are routinely denied access to land, water and shelter, forced to work in
degrading conditions, and abused at the hands of the police and private actors
belonging to so-called higher caste groups.
These vulnerable groups also have unequal access to services, employment
opportunities, justice mechanisms, and development programs. Protection for
Dalits, tribals and other groups is limited because officials and police
responsible for abuses or failing to discharge their duties to protect
vulnerable persons routinely go unpunished.
India urgently needs to reform its policing systems. Junior police officials
operate in abysmal working conditions, which make it more likely that they will
succumb to corruption and brutality. Senior officers, on the other hand,
complain of improper interference from politicians.
There is an urgent need for proper training in criminal investigations and
access to forensic tools for evidence gathering, which will decrease the
pervasive culture of torture and mistreatment during interrogation to obtain
forced confessions.
http://www.rediff.com/news/2008/apr/07rights.htm
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