India makes dubious claims before UN on human rights

June 4, 2012
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New Delhi, June 4: It was due to a civil society struggle that the government only last year removed the bar on outsiders from participating in the social audit of projects executed under its showcase legislation of MGNREGA. Barring Andhra Pradesh, no state has so far implemented this reform. Yet, in its report for the ongoing universal periodic review (UPR) before the UN Human Rights Council, India cited the social audit clause in MGNREGA as an example of its policy of involving civil society in governance.

"States have reported that social audit has been conducted in 91% of the Gram Panchayats. 2,44,000 reports on social audit have been uploaded on the MGNREGA website," the government said, although the social audit in most of those cases had been conducted without the involvement of a civil society group or independent agency.

This is only one of the dubious claims made by India in a bid to downplay its failure to meet a lot of the commitments it had made at the end of the earlier UPR four years ago in Geneva. The council adopted a draft report on India's second UPR on May 30, comprising 169 recommendations on a range of human rights issues raised by 80 countries.

The issue that drew the greatest attention was India's failure to keep the promise of ratifying the UN convention against torture (CAT). This predicament was caused by India's attempt to get away with the enactment of a weak law, as a prelude to its ratification of CAT.

After Lok Sabha passed the Prevention of Torture Bill in 2010, Rajya Sabha, yielding to demands from civil society, referred it to a select committee. Though the committee's report suggesting improvements came in December 2010, the government's justification for the continuing stalemate on the Torture Bill was that the proposed amendments "are currently being examined".

India betrayed even greater disregard for its promise to ratify the UN "convention for the protection of all persons from enforced disappearances". With this, unlike in the case of CAT, the government has so far come up with neither a legislative measure nor any other step towards ratification. Though the Indian legal system is notoriously prone to illegal detentions, the government just said that it was still "studying the extent of changes in the domestic laws" it would need to make to comply with this international obligation.

Another controversial claim made by the government was on the first UPR's recommendation to maintain "disaggregated data on caste and related discrimination". While claiming that extensive data was available on dalits and tribals, the government skirted its failure to keep track of the atrocities committed against them across the country. This is in fact a statutory lapse because, under the Prevention of Atrocities Act, the government is required to table a report every year in Parliament. The last annual report tabled by the government on caste atrocities was of 2008, the year in which the recommendation for maintaining disaggregated data had been made by the earlier UPR.

The recently enforced right to free and compulsory education up to the age of 14 has proved embarrassing because of its anachronistic labour law allowing child labour from the same age. The government, however, said given the socio-economic conditions in the country, the time was not ripe for banning child labour or ratifying the ILO conventions under which the minimum age for employment was 18.

Other human rights issues on which India has been on the defensive included its failure to break the deadlock on enacting a law against communal and targeted violence, to strengthen legal mechanisms related to sexual violence and human trafficking, to impart human rights training to the police, to establish a moratorium on death penalty and to address iniquities based on the rural-urban divide.

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November 12,2024

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The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.

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November 21,2024

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Shares of Adani Group companies lost about $28 billion in market value in morning trade on Thursday after US prosecutors charged the billionaire chairman of the Indian conglomerate in an alleged bribery and fraud scheme.

Gautam Adani's flagship company Adani Enterprises tumbled 23 per cent, while Adani Ports, Adani Total Gas, Adani Green, Adani Power, Adani Wilmar and Adani Energy Solutions, ACC , Ambuja Cements and NDTV fell between 20 per cent and 90 per cent.

Adani group's 10 listed stocks had a total market capitalisation of about $141 billion at 0534 GMT, compared to $169.08 billion on Tuesday.

US authorities said Adani and seven other defendants, including his nephew Sagar Adani, agreed to pay about $265 million in bribes to Indian government officials to obtain contracts expected to yield $2 billion of profit over 20 years, and develop India's largest solar power plant project.

Adani Green in a statement on Thursday said the US Justice Department had issued a criminal indictment against board members Gautam Adani and Sagar Adani and the Securities and Exchange Commission had issued a civil complaint against them.

The US Justice Department also included Adani Green board member Vneet Jaain in the criminal indictment, it said.

Adani Green's units had decided not to proceed with the proposed US dollar denominated bond offerings due to developments, it added.

"Investors will shy away from Adani Group stocks ... and that's what this sharp selling is signifying," said Saurabh Jain, assistant vice president of retail equities research at SMC Global Securities.

"This could hurt the credibility of the group and maybe borrowing costs will rise," he said.

The indictment comes nearly two years after US shortseller Hindenburg Research alleged that Adani had improperly used tax havens and was involved in stock manipulation, allegations the conglomerate denied.

Also in early Asian trading on Thursday, Adani dollar bonds slumped, with prices down 3c-5c on bonds for Adani Ports and Special Economic Zone. The falls were the largest since the Adani Group came under a short-seller attack in February 2023.

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November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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