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 11,2024

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The Manipur Kuki MLAs have released a statement calling out Solicitor General Tushar Mehta's 'lies' in the Supreme Court. In a joint statement, the MLAs, including those from the Bharatiya Janata Party, said they had not had any meeting with the Chief Minister since May 3, 2023, nor did they intend to meet him in the future as “he was the mastermind behind the violence”.

As per the MLAs, the SG lied about state CM N Biren Singh speaking to Kuki MLAs to control the situation there, in order to halt a Supreme Court probe into the leaked tapes which allege that Singh has been complicit in the violence that broke out between Kukis and Meitis there.

"We...clarify that we have never had any meeting with Chief Minister, Shri N. Biren Singh since May 3, 2023, nor have any intention to meet him in future as he is the mastermind behind the violence and ethnic cleansing of our people from the Imphal valley, which is continuing till today, the latest being the brutal killing and burning of Mrs Zosangkim Hmar on November 7, 2024," the letter read, while condemning the recent 'barbaric' killing of the woman there, and noting the SG's assertion is 'tantamount' to misleading the top court.

“We, the undersigned ten MLAs, have come to know that during the Supreme Court hearing held on November 8, 2024, the Solicitor General of India submitted that ‘CM is meeting all Kuki MLAs and trying to bring the situation down to get peace’. In this connection, we hereby categorically state that this submission is a blatant lie and tantamount to misleading the Hon’ble Supreme Court of India,” the statement said.

The Supreme Court, while hearing a petition by a Kuki organisation, asked that it submit audio tapes to substantiate its claim that the Chief Minister was instrumental in inciting and organising violence in the northeastern State.

Solicitor-General Tushar Mehta orally informed the court that the Chief Minister was meeting all the Kuki-Zo MLAs and that peace in the State had come at a huge cost.

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