HRF Monthly

Refreshing divergence from judicial deference – Delhi High Court sets the bar on granting bail under the UAPA

/ / HRF Monthly

 SAHRDC Backgrounder[1]      10 August 2021

On 15 June 2021, a two judge bench of the Delhi High Court composed of Justices Siddharth Mridul and Anup Jairam Bhambani issued orders granting bail to three student activists charged under the Unlawful Activities (Prevention) Act (UAPA). The students – Ms Natasha Narwal, Ms Devangana Kalita, both members of  Pinjra Tod[2], a Delhi women’s rights organization and Mr Asif Iqbal Tanha[3], had been charged under UAPA for “instigat[ing] the local population in certain Muslim dominated areas of Delhi, particularly women, and incit[ing] in them feelings of persecution, which subsequently led to violence and rioting”.[4]

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HRF Monthly

Supreme Court’s Rohingya deportation order illegally flawed, ignores principles of natural justice

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BY RAVI NAIR:  APRIL 12, 2021

 

Analysing the Supreme Court’s recent order denying Rohingya refugees in Jammu interim protection from deportation, RAVI NAIR breaks down the legal infirmities in the apex court’s reasoning to show that the court seems to have made up in advance about its decision and its reasoning follows ex-post facto.

In February 2021, the Jammu and Kashmir High Court asked the local government to explain within a month the measures taken by it to identify and deport illegal immigrants from Myanmar and Bangladesh staying in Jammu.
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HRF Monthly

India pushing back Rohingyas at its borders is a gross violation of rights

/ / HRF Monthly
BY RAVI NAIR:  APRIL 23, 2021
 
Throwing light on the inhumane and illegal method of ‘pushing back’ Rohingya refugees into Bangladesh adopted by the Border Security Force in India, RAVI NAIR writes about how this violates India’s international law obligations, and why these refugees deserve due process as guaranteed by the Indian Constitution.
 India shares a direct border with Myanmar as well as Bangladesh. Although the exodus of the Rohingya community coming directly from Myanmar has largely subsided, some Rohingya staying in overcrowded camps in Bangladesh have turned to cross into India. India shares a 4,096 km border with Bangladesh, and the Indian state of West Bengal, with a nearly 2,217 km-long border with Bangladesh, has been the preferred route for crossing over into India.
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HRF Monthly

NHRC Appointments: Hindutva Deep State Expands Armoury

/ / HRF Monthly

 JUNE 5, 2021

Protecting and upholding human rights just got more difficult in India. Vacant positions in the NHRC are going to pliant retired judicial officers, policemen on deputation, and sleuths who probe and track complainants and not the human rights issues they raise, writes human rights activist RAVI NAIR. 

There is a certain insouciance and disesteem on the part of the Bharatiya Janata Party government in matters of upholding norms or respecting institutions. The National Human Rights Commission (NHRC) appointments committee has picked former Supreme Court judge Arun Kumar Mishra as chairperson. It has also made an insidious choice in Rajiv Jain, former head of the Intelligence Bureau. The third appointment is of a former Chief Justice of the Jammu and Kashmir High Court, Justice Mahesh Mittal Kumar.

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HRF Monthly

How Fair is Compensation for Human Rights Violations in India?

/ / HRF Monthly

SEPTEMBER 10, 2020

Violation of human rights by the state, through wrongful confinement and arrest, imposes a liability on the state, one being of compensation. However, does the victim have a right to claim compensation? RAVI NAIR of South Asia Human Rights Documentation Centre examines the Indian jurisprudence on compensation to victims of state negligence and persecution.

 

INDIAN citizens, who are unlawfully arrested, detained, tortured, and even killed while in police custody are not guaranteed a right to compensation. International standards require reparations and compensation for victims of violations of fundamental rights.

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HRF Monthly

South Asian Human Rights statement on refugees from Myanmar mendacious SAHR leadership needs to repudiate it

/ / HRF Monthly

24 July 2021

The South Asians for Human Rights (SAHR) is a Colombo based regional organisation. Its Bureau consists of many knowledgeable individuals from the region. However, it is doubtful if they exercised oversight on a public statement put out in the name of the organisation dated 9 July 2021. The public statement titled, ” SAHR Is Deeply Concerned For The Myanmar Nationals Fleeing To India And Their Impact On The Host Community” (see full text at https://www.southasianrights.org/sahr-is-deeply-concerned-for-the-myanmar-nationals-fleeing-to-india-and-their-impact-on-the-host-community/ ). It is dated 9 July 2021 and was brought to SAHRDC’S notice on the afternoon of 21 July 2021.

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