UN Rights Council Should Tackle Impunity: HRW

“The United Nations Human Rights Council (HRC) should urge the Indian government to take strong steps to hold accountable members of its security forces responsible for torture, arbitrary detentions, killings and disappearances,” Human Rights Watch (HRW) said today.

It further demanded that the government fulfill its responsibility to protect and support vulnerable communities, including Dalits, tribal groups, religious minorities and women.

“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.”

The Govt., recently, in its report to the UPR, said it had adopted adequate measures for the protection of human rights, including training of government officials, armed forces and law offices. It affirmed that such measures have brought "a decline of complaints of human rights violations even from areas affected by insurgency and terrorist activities and violence."

It further claimed that it has “embarked on a programme of affirmative action which is, perhaps, without parallel in scale and dimension in human history.”

In spite of these claims, the Human Rights Watch, accused the Govt., for not being able to keep its word on tackling the Dalits and tribals issues, including the implementation of laws and policies for the backward classes who continue to suffer severe discrimination, exploitation in 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," HRW said.

It urged the HRC to demand that India remove all immunity clauses in Indian law and also accept recommendation of various government–appointed experts.

“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,” said Adams. “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.”

Citing the recent anti–Christian violence in Orissa, December 2007, where hundreds of Churches and Christian homes were destroyed in attacks, HRW urged the Govt. to protect the minorities.

It also referred the 2002 Gujarat attacks on Muslims and the communal riots in Mumbai in the year 1993–93.

“In its report to the Human Rights Council, India has cited numerous laws and policies to protect human rights,” said Adams. “But as victims, lawyers and activists in India tell us every day, human rights abuses are rampant in India because there is little will in the government to properly implement these laws. While these are fine words on paper, those facing ‘faked encounter killings’ or ‘dowry deaths’ need effective action.”

In addition, Human Rights Watch also raised the need to reform India's policing systems.

“Adequate resources and political support must be given to India’s human rights commissions to investigate abuses,” Adams said. “And so long as police officers live in terrible conditions and effectively are permanently on duty, the police are likely to be part of the problem instead of part of the solution.”

Human Rights Watch welcomed the fact that India has signed the Convention on Enforced Disappearances and looks forward to its prompt ratification, but urged the government to take concrete measure to effectively address allegations of widespread disappearances in Punjab, Jammu and Kashmir.

“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.”