Human Rights Watch has urged the UN Human Rights Council to push India to improve its poor record in protecting minorities and weaker sections, allowing extrajudicial killings, and lack of accountability of its security forces

Ahead of the April 10, 2008, Universal Periodic Review (UPR) of the UN Human Rights Council (HRC), India’s human rights record has come under fire from Human Rights Watch (HRW).

The international watchdog body said in a press release that the HRC must insist that the Indian government take “strong steps to hold accountable members of its security forces responsible for torture, arbitrary detentions, killings, and ‘disappearances’”.

HRW also demanded that the Indian government do more to protect and support vulnerable communities, including dalits, tribal groups, religious minorities, and women.

Indian security forces continue to be responsible for grave human rights abuses during counter-insurgency operations, such as in Jammu and Kashmir, Assam and Manipur as also in states where there are violent campaigns by Maoist Naxalite groups.

HRW criticised extrajudicial executions that are disguised as “encounters” with armed criminals, which have become common. It said that torture and arbitrary detentions continue not just in insurgency-affected areas but also inside most police stations in the country.

The watchdog body pointed out that India still provides immunity from prosecution to its security forces and other public officials. Even when investigations are started, they are often blocked. The army and other special forces, in particular, remain almost completely above the law, HRW submitted. 

It called on the HRC to demand that India remove all immunity clauses in Indian law, such as that in Section 197 of the Criminal Procedure Code. India should also accept the recommendation of various government-appointed experts and repeal the Armed Forces (Special Powers) Act which, it said, has allowed widespread human rights violations by the security forces.

“Killers and torturers in the army and police do their work with official protection, degrading the law and taking the shine off India’s claim to be an emerging world leader. Now is the time to repeal antiquated laws that protect abusers,” said Brad Adams, Asia Director at Human Rights Watch. 

In its submission for the UPR, India claimed that it has “embarked on a programme of affirmative action which is, 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 recognises customary land rights of these communities. 

HRW also pointed out that India has done little to curb violence against minorities, and cited the example of hundreds of churches and Christian homes destroyed in attacks by Hindu militants in Orissa in December 2007, of the 2002 Gujarat riots, and the failure to implement the Sri Krishna Commission recommendations on the 1992-93 communal riots in Mumbai.

Human Rights Watch called on the HRC to press India to strengthen its official human rights mechanisms. The National Human Rights Commission (NHRC) has itself complained about restrictions that prevent it from performing a meaningful role. Under Section 19 of the Human Rights Protection Act, when the NHRC receives a complaint of a human rights violation by the armed forces, it cannot independently investigate the case but can only seek a report from the central government and make recommendations. The state human rights commissions are invariably poorly funded and stacked with political appointees, making them ineffective in addressing ongoing human rights violations, HRW alleged. 

India also 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.

HRW pointed out that India has still not invited the UN’s special rapporteur on torture, special rapporteur on extrajudicial, summary or arbitrary executions, or the working group on arbitrary detention to conduct in-country missions. 

It has also ignored recommendations by UN bodies on human rights. For example, in 1997, the UN Human Rights Committee expressed concern about legislation such as the Armed Forces (Special Powers) Act, the Public Safety Act, and the National Security Act.

“As the world’s largest democracy, India should set the standard for the Universal Periodic Review at the Human Rights Council,” said Adams. “India must make credible commitments to uphold its constitutional and international obligations and provide justice to those who continue to suffer human rights abuse.”

Source: Human Rights Watch, April 7, 2008