Overview: Human Rights Situation 2016
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Overview: Human Rights Situation 2016 Human rights are inherent, inalienable, interdependent, and indivisible, meaning they cannot be granted or taken away by none; the rights include civil, political, economic, social and cultural rights. Human rights protagonist group like MASUM is constantly monitoring the attacks and infringement over these rights. Like any other years, the previous one; 2016 was also witnessed blatant attacks on rights of the people, dissents and general ethos of human rights. The year was marred by curbing of democratic space of the society by state and non- state actors; the year experienced the diminishing legroom for protests and differences. However, only governments are in a position to put in place the laws and policies necessary for protection of human rights and democracy and in position to regulate private and public practices that impact individuals’ enjoyment of human and democratic rights. Therefore, the governments are the guarantors or violators, of human rights in domestic parlance. When States ratify human rights treaties, they agree to both refrain from violating specific rights and to guarantee enjoyment of those rights by individuals and groups within their jurisdictions. And yet Governments pay lip service to the importance of protecting civilians. The world's politicians have miserably failed to protect those in greatest need. They do have legislation for ensure the laws, of course, but as evident this domestic protections are not enough to stop the human rights abuses. All of this affect enormously on the trust between the minorities and excluded groups communities and the police. Muslims, for example, perceive the police to be communal, biased, and insensitive in part because of the misconduct of some police personnel, especially during communal tensions. In Kashmir the armed forces committed thousands of human rights violations, and very few men in uniform involved have faced justice. The survivors of these atrocities and the families of the enforced disappearance victims’ protest ask for justice and demanding the whereabouts of their relatives. Human rights groups claim around 10,000 people have been forcefully disappeared by Indian authorities. Recently, the valley faced blatant use of pellet gun use by security forces and a large section of populace including minors became grievously injured and killed by pellets. Here it must be mentioned that in Indo- Bangladesh bordering areas of West Bengal, the Border Security Force personnel using pellet guns for years together and MASUM made dozens such complaints to National Human Rights Commission in this regard. While legal provisions protect members of the security forces from prosecution, ordinary criminal law also fails to specifically criminalize crimes under international law such as torture and enforced disappearance. And the justice system has failed to establish firm roots for protecting the human rights of Indian citizens, especially women, the poor and oppressed, and minority groups. The year experienced a series of attacks on dalits and minority; Una and suicide of Rohith Vehmulla proved the continuity of attacks on dalits and cold blooded killing of eight suspected operatives of SIMI in Bhopal only establish that the present regime waged a war against the Muslim minority in this country. Abuses by the government forces like extrajudicial killings, torture and rape, particular marginalization and vulnerability of groups as women, Dalits, Adivasis, Muslims and persons with disabilities, who are highly excluded groups suffer an acute denial of multiple public goods and basic rights, as well financial regulations by demonetization during the end of the year caused severe hardship across all levels and are one of the huge infringement on the rights of the citizenry. The world’s largest democracy is also dogged by separatist violence, life-threatening prison conditions, sex trafficking and a huge impunity resulting from the judicial system, the “India 2013 Human Rights Report” said. All of that describes a global overview of the situation of human right violation in India. But also should make us realize that this violations are going on all around the world, with different contexts and characteristics yet perpetrated by the States and their forces, that are there to ensure the security and wellness and not to take advantage of their power, given to them by the people. Everyone have to be conscious and sensitized about their rights as individuals and stand together in community and communion against the injustice. The whole South Asia become a land of religious fanaticism and intolerance, and in majority of the cases, attacks are being perpetrated upon the rationalists and democratic forces, either by the state actors or state sponsored non- state actors. In other instances, the lackadaisical and non- responsive attitude of the governments only encouraged the fundamentalists. The writing on the wall is clear. Rioting, as well as less intense forms of communal polarization, has long been a prized weapon of politicking in India; even the so-called secular parties have employed them time and again. However, no party has ever dared to bring the associated rioters in the mainstream until now; they have been accommodated and rewarded by different means. The government has stressed protection of women from violence and other abuses, and access to healthcare and sanitation and called for a decade-long moratorium on communal divisions and discrimination. The government has expressed a commitment to freedom of speech but has not ended state censorship or taken decisive action against ultranationalist and other religious militant groups that respond to views they do not like with threats of violence; the arrests, suspensions and expulsions of students with dissent in various prime universities and institutions of the country is only an expression of attacks on freedom of expressions and democratic functioning. Authorities tightened restrictions on nongovernmental organizations (NGOs). One reason for this has been that civil society groups have been highly critical of big development projects that they say will have a negative impact on the environment, and on the health and livelihoods of affected populations. Torture, Extra Judicial Killing and Impunity The impunity enjoyed by state officials, police and security forces remain one of the main impediments to realisation of human rights in India. Public servants, state officials and security forces enjoy legal immunity for actions undertaken in discharging their official duties. In Indian legal system, public servants cannot be prosecuted in the courts without sanction from the government as envisaged under section 197 of Code of Criminal Procedure. As stated in the Section 6 of the Armed Forces Special Powers Act (AFSPA) no legal action can be brought against any member of the armed forces acting under the AFSPA, without the permission of the Central Government. The government of India has ignored the concerns by international community at the widespread reports violations by and impunity of police and security forces acting under AFSPA. During the first cycle of UPR, the United Kingdom, Canada and Germany raised concern regarding AFSPA. India did not accept any of the three recommendations it received in the second cycle of the UPR to review or repeal the AFSPA. It is, however, noteworthy that in May 2015 Indian state of Tripura has decided to repeal AFSPA. The Paramilitary forces the country also enjoys similar immunity through their own legal systems and judicial mechanisms, where civilians have no access, where judges and prosecutors are appointed by perpetrators. Torture remains widespread in India. The National Human Rights Commission of India has repeatedly recommended to the Government of India to ratify the Convention against Torture and to criminalize the act of torture in the country. The Commission said "daily the Commission receives petitions alleging the use of torture, and even of deaths in custody as a result of the acts of those who are sworn to uphold the laws and the Constitution and to ensure the security of its citizens. Such a situation must end, through the united efforts of the Government..." The UN Human Rights Committee as early as 1997 expressed its concern about the widespread use of torture by the law enforcement agencies in India. Similar concerns were expressed by the Committee on Elimination of Racial Discrimination in 2007 and the Committee on Economic Social and Cultural Rights in 2008. India has made no significant efforts towards the ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), despite accepting 17 recommendations to do so in the second cycle of the UPR. India signed the Convention on 14 October 1997. A draft bill on torture has been under consideration by the government since 2010. It was tabled before the upper house of parliament but has not been tabled in Lok Sabha (lower house) for discussion and subsequent legislation; Indian and international human rights groups have observed that the anti- torture bill as inadequate and without any intention to end torture. The Prevention of Torture Bill, 2008 also fails to comply with the CAT. The Bill fails to address compliance with the following obligations under the UNCATi. This raises serious questions about the government’s commitment to end torture. Absence of a law on witness protection also remains a serious obstacle to ensuring accountability in cases of torture filed against security forces. Increasing reports of extrajudicial killings by police and security forces continue to be a source of serious concern. In December 2012, the National Human Rights Commission submitted affidavit before the Supreme Court “it had received 1,671 complaints of extrajudicial killings in the last five years”, the latest reports on extra judicial killings are unavailable in public domain. But situation of reparation in cases of EJK became worse now. Archaic Police Act, 1861 has been one of the main barriers to ending extrajudicial killings. Police Act of 1861 has not changed in 156 years.