Status of Human Rights: a Study of Bodoland Territorial Autonomous Districts
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STATUS OF HUMAN RIGHTS: A STUDY OF BODOLAND TERRITORIAL AUTONOMOUS DISTRICTS GOJEN DAIMARI REGD. NO 14SU15531 Dissertation Submitted in Partial Fulfillment of the Requirements for Award of the Degree of MASTER OF PHILOSOPHY DEPARTMENT OF POLITICAL SCIENCE SCHOOL OF SOCIAL SCIENCES SIKKIM UNIVERSITY 6TH MILE, TADONG, GANGTOK-737102 2016 DECLARATION I, Gojen Daimari, hereby declare that the subject matter of this dissertation is the record of word done by me, that the contents of this dissertation did not form basis for the award of any previous degree to me or to the best of my knowledge to anybody else, and that the dissertation has not been submitted by me for any research degree in any other university/ institute. This is being submitted in partial fulfillment of the requirements for the degree of Master of Philosophy in the department of Political Science, School of Social Sciences, Sikkim University. Name: Gojen Daimari Regd. No.: 14SU15531 We recommend that this dissertation be placed before the examiner for evaluation. Durga Prasad Chhetri Durga Prasad Chhetri Head of the Department Supervisor Date: 08/02/2016 CERTIFICATE This is to certify that the Dissertation entitled “Status of Human Rights: A Study of Bodoland Territorial Autonomous Districts” submitted to Sikkim University in partial fulfillment of the requirements for the degree of Master of Philosophy in Political Science is the result of bona fide work carried out by Mr. Gojen Daimari under my guidance and supervision. No part of the dissertation has been submitted for any other degree, diploma, associate-ship and fellowship. All the assistance and help received during the course of the investigation have been duly acknowledged by him. Dr. Durga Prasad Chhetri Associate Professor Department of Political Science School of Social Sciences Sikkim University Place Gangtok Date: 08/02/2016 i Abstract The human right, which is a socially construed concept or the reality in virtue of existence, has naturally and legally become the urge of justification as indispensable to defend what we concern for not only the dignity but the very structured governance system of democracy. Every aspect of lives linking the very standard of living has found to be counted in valuing the essence of what we say rights. In fact, the human right, ever since the institutional recognition beneath the strategy of the United Nations Organisation, has progressively become the regional, national as well the global parameter in determining the status quo of the State governance and its commitment to the welfare of the humanity. The advent of a global institution like UNO could provide the space of exercise for the international peace and security and thereby to ensure the rights of every individual remain protected and promoted. However, the intellectual thought and the revolution of materialising the universal codification of human right and as a common standard language of acceptance has without any doubt become the global issue of contestation. The vision, under which the global community is assured of dignity in recognition from the violation of human rights, has never been successful to date. In no contrasting the experienced mass extermination of the first few decades of the 20th century, as a reaction of which the global assurance to the humanity rooted, could however, do nothing to prevent the slaughter and genocides of the recent passed in Rwanda, Bosnia, Ethiopia and the existing right deficit generated by the fundamentalist groups and organizations worldwide. Such recurrent of events of devaluing the normal standard of lives, and threatening the very existence of being could draw the international attention for revisiting the jurisdiction of human right principles and the governance of implementation. Similar is the case, which is supposed not to be in a country like India where a constitutionally entrenched democratic system is the base of justice, equality and freedom for the people. Despite the best constitutional arrangement, India is found accommodating the seeds of hatred and source of generating human right catastrophe. The status of a human right, more especially in a democratic State should be of high value. However, the value of human right in India is being under constant threat especially from the point of view of internal security analysis. Similarly, the understanding of the right situation in the Bodoland Territorial Autonomous Districts, a satellite region in India would show the extent of desperate rights situations. The region is identified by the fact of fratricidal killings, ethnic conflict(s), and militancy acts of terror and frequent unleash of fear-psycho also by the governmental forces. Not in clandestine, the ii state agencies are often alleged in contributing the crisis applying its apparatuses meant for internal security and civil aids. Peoples’ perception to count the clash(es) is of diverse. It also, remain the home to many insurgent groups representing different ethnic groups and adopting different means to the extent of even killings, kidnapping, ransom. Besides, there are many issues pertaining to the question of tribal rights, identity assertion and protection of minorities. Thus, the victim to the human right violations in the region would be difficult to comprehend to any single factor or community as a victim. Therefore, this study is sought to understand from the very constitutional basis of human rights to the existing situation of violation in India and concerned area of research. In support of the present study, efforts are being made to examine the different issues of rights in India and more especially as to what led the violation of rights in Bodoland Territorial Autonomous Districts, what are the different afflictions being generated and also attempted to understand the role of State and its security mechanism, Students Organisations’ role to meet the challenging state of affairs pertaining to human rights environment. At the same time, the study has emphasized to recommend what is found reliable to overcome such evil course and source(s) of rights violation. In fact, the present study could find where different category of people inclusively the rights of the marganilised, minorities, the slum dwellers, women, children and the transgender are being under the threat regime of civil and arm wars and conflicts and more of so, becomes globally the soft target of rights exploitation. The understanding of human rights in India which although gets the constitutional basis of recognition has, however, under constant crisis in the exercise of democratic as well the very constitutional assurance of rights to the citizens of the country. The similar is the case, where the rights regime in the targeted research area Bodoland Territorial Autonomous Districts (BTAD) is found to be almost gloomy. The situation of the human rights has been the desperate where people belonging to different caste and religion failed to have adequate security of lives, and property. Different sort of home-grown evil activities- to the extent of generating community hatred, the ethnic clash(es), the militancy problem and often by the governmental agencies have remain the prime generator in eclipsing the tenets- justice, equality and freedom, and the right to live a normal standard with dignity and harmony. Thus, on the whole, the findings on the human right situation could summarise the despicable state of affairs and so of undeserving for the survival of humanity. In view of such, of the requirement, cautious recommendations are attempted for remedy if not, at least could be the space for further research. iii Acknowledgements The idea on human right as a problem of the research study is due to the influence of roding status quo of the rights exercise globally as well persisted relevancy in the research area specified. It has been the self query for long, the remedy to work particularly coming across different but situational violations of human right in Bodoland Territorial Autonomous Districts. Therefore, to utilize my vision of working, despite having the constraints of being nascent in the research field took up the present work on Status of Human Right: A Study of Bodoland Territorial Autonomous Districts under the supervision of Dr. Durga Prasad Chhetri. Without his thorough and effective guidance, at best deploying his effort the work would not have been materialized. So I owe worthy obligation of respect to him. I am equally grateful to Dr. Om Prasad Gadde, Mr. Budh Bdr. Lama, Mr. Bidhan Golay, Dr. Amit Kumar Gupta, Swastika Pradhan and Mr. Dinesh Shahu (warden Teesta Boys Hall, SU) who provided me the free space to seek suggestion at different ups and down of my work. I am similarly indebted for the sources to the Teesta Central Library and the librarians. I express my thanks to Tikendra Kumar Chettri (Tiken Da) who provided me the constructive help from the day of joining the Sikkim University. In fact, without his accompany my field visit and the interactions to the people of different capacity in certain areas would be a futile. Thanks also to Neeraj Adhikari, Tenzin Kungphel (brothers), Mingma Ongchun Sherpa, Paresh Borah, Ajaz A. Sheikh and to all my other course-mate for their valued role in my work. During the work many inescapable circumstances had to be cleansed and where failing to name would be contempt on my part towards them. So thanks also to Lt. Bishnu Daimari (cousin), Mijinksa Boro, Raben Boro, Montu Boro, Somnath Lamicha, Dijen Sarhma, Nagender Pal and Gokul Boro. Thanks also to Dorjee Tamang (Daju) (M/s Gloria Galleria) who helped to give the Dissertation a final shape. Last, not the least, where I grab the scope to convey my heartiest thanks to my father, mother who, despite the situational barrier in achieving the earthly reading and writing blessed me to see and exercise the world of knowledge, to judge what is right and wrong, and to explore what I think best for the humanity.