India's human rights report to UPR flayed
Source: The Sangai Express / Ninglun Hanghal

New Delhi, May 30 2012: India's human rights review report which was presented at the 8th sitting of the ongoing thirteenth session of the Working Group on the Universal Periodic Review in Geneva that began from May 4, drew flaks from an activist and Director of ACHR, Suhas Chakma who termed the report as 'a reflection of India's anachronistic position on human rights' .

Eighty countries made their comments and observation during the session which is scheduled to conclude on June 4 .

The delegation of India headed by Goolam E Vahanvati, Attorney General of India, presented 32 case points.

This includes India's efforts in initiative for good governance such as the RTI, introduction of rights based approach such as MGNREG Act, RTE and NFSB for social and economic advancement, India's leniency towards refugees from its neighbours, Myanmar, Tibet, Sri Lanka.

India's presentation stated that an internal challenges posed by terrorism and insurgency is being met with resolve coupled with compassion and people oriented development.

The dialogue session adopted recommendations to be examined and responded by India before the coming 21st session of the HR Council in September this year.

Among others, the sixty nine recommendations include; ratification of the convention against torture, inhuman and degrading treatment, International Convention for protection of all persons from enforced disappearance and Repeal or adopt amendment for accountability of security forces under AFSPA.

Reacting to the precedings of the India case at the UPR, Suhas Chakma, Director of the Asian Centre for Human Rights said "the 22 page report sadly reflects India's anachronistic position on human rights" .

He lamented that India did not give any report on the implementation pledge taken in the Human Rights Council earlier in May 2008."What India did was inviting the UN Special Rapporteurs this year," he added.

Chakma finds that India's reports gives an impression that there is no Human Righst violation in India, presenting only on the positive aspects.

The Asian Centre for Human Rights Director went on to state that the Indian delegation, led by none other than the Attorney General, should make a commitment that all laws that undermine the supremacy of the judiciary will be repealed.

Suhas countered that there is no evidence that India intends or has intended to ratify the UN Convention Against Enforced Disappearances.

In India Enforced disappearance is not codified as a criminal offence in its domestic law despite NHRC receiving 341 complaints of disappearances in 2010 and 338 in 2011 alone.

He underlined that about 35 per cent of the complaints to the NHRC annually are against the police but custodial justice remains a problem.

Quoting India's contradictory stand in its 2011 report on the Optional Protocol to the CRC which says India does not face either international or non international armed conflict situations, Chakma said "The Armed Forces (Special Powers) Act (AFSPA) is still in force in Jammu & Kashmir and the North Eastern states" .

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