SAHRDC Reports

Report of the Justice D.P. Wadhwa Commission of Inquiry: Judicial Commission or Injudicious Cover up?

Report of the Justice D.P. Wadhwa Commission of Inquiry: Judicial Commission or Injudicious Cover up? 

25 August 1999

Acknowledgements
The South Asia Human Rights Documentation Centre extends its appreciation to its allied research contacts across India, particularly in Orissa. We regret that we can not mention them by name for reason of their security.

Executive Summary
On 24 February 1999, the Home Minister of India L.K. Advani confirmed that there were 116 communal-based crimes against Christians in 1998—more than in the 51 years since Independence combined. The year ended with burning churches and prayer halls in the Dangs district of Gujarat, in a Christmas period that saw anti-Christian rallies, the destruction of places of worship and countless attacks on Christians.

SAHRDC Reports

Alternate Report and Commentary to the U.N. Human Rights Committee on India’s 3rd Periodic Report under Article 40 of the International Covenant on Civil and Political Rights

Alternate Report and Commentary to the United Nations Human Rights Committee on India’s Third Periodic Report under Article 40 of the International Covenant on Civil and Political Rights

July 1997

Preface
On 10 July 1979, the Government of India ratified the International Covenant on Civil and Political Rights (ICCPR). Pursuant to Article 40 of the ICCPR, the Government of India has submitted its third periodic report (CCPR/C/76/Add.6) after a delay of four years.

SAHRDC Reports

Armed Forces Special Powers Act: A study in National Security tyranny

Armed Forces Special Powers Act:  A study in National Security tyranny

1. INTRODUCTION

The Armed Forces (Special Powers) Act of 1958 (AFSPA) is one of the more draconian legislations that the Indian Parliament has passed in its 45 years of Parliamentary history. Under this Act, all security forces are given unrestricted and unaccounted power to carry out their operations, once an area is declared disturbed. Even a non-commissioned officer is granted the right to shoot to kill based on mere suspicion that it is necessary to do so in order to “maintain the public order”.

SAHRDC Reports

Confronting the Violence Committed by Armed Opposition Groups

Human rights groups have limited their role to monitoring and protesting human rights violations committed by state actors.1  With the emergence of armed opposition groups “such as the Sendero Luminoso in Peru2” and the Liberation Tigers of Tamil Eelam (LTTE) in Sri Lanka3 that murder, torture, and destroy civil society in their respective regions, human rights entities must question whether they should broaden their mandate to include abuses committed by such groups.  Focusing on the context of India, this article: (1) develops arguments encouraging human rights groups to critique abuses perpetrated by armed opposition groups; (2) suggests potential problems that may be encountered in making such criticisms; and (3) raises some reasons for caution by human rights organizations that condemn the actions of armed opposition groups.

SAHRDC Reports

Country Report on the Refugee Situation in India

1. INTRODUCTION

Though India has not ratified the 1951 United Nations (UN) and 1967 Protocol Relating to the Status of Refugees, it provides shelter to over 300,000 refugees from neighboring countries. There are over 50,000 Jumma refugees from the Chittagong Hill Tracts of Bangladesh sheltered in Tripura State of India, over 70,000 Sri Lankan Tamil refugees living in Indian State of Tamilnadu and about 121,143 Tibetan refugees. They are under the protection of the Government of India.

SAHRDC Reports

Human Rights & Human Rights Instruments in India

1.International Human Rights Instruments and their Application in India
The Chart of Ratification of International Instruments, provided by the United Nations, should ideally form the corpus of international customary law, applicable in all democratic countries. Once an instrument is ratified a signatory is bound to bring in laws that conform to United Nations standards. Even if these instruments are not legally binding, they are morally compelling.

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