Relevant Extracts on India
Governmental Attitude Regarding International and Non-governmental Investigation of Alleged V olations of Human Rights.
.. Human Rights monitors in Jammu and Kashmir have been unable to move around the state to document human rights. violations due to fear of retribution by security forces and counter-militants ... During the year the authorities continued to deny Human Rights Watch and Amnesty International permission to visit Jammu and Kashmir ... The Government also continued to deny the U.N. Special Rapporteurs on Torture and Extrajudicial Killings permission to visit the country, despite their repeated requests ... U.N. High Commissioner for Human Rights Mary Robinson ... visited the country. She met with the Prime Minister, Home Minister, and External Affairs Minister.
On September 27, the Ministry of Home Affairs sent a notice to several prominent NGO's asking them to justify their status as non-political organizations under the Foreign Contribution (Regulation) Act ...
Between April 1996, and March 1997 (the most recent reporting year), the NHRC received 20,514 new complaints of human rights violations. At the end of that period, 4010 complaints awaited consideration ... The increased number of complaints ... is believed to be the result of the Commission's increased visibility. That trend continued, and the Commission estimated that it had received more than 70,000 complaints during its 1997-98 reporting year ..
The state human rights commission ... in J&K ... has no power to investigate independently alleged human rights violations committed by members of the security forces ...
Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Religious Minorities
The potential for renewed Hindu-Muslim violence remains considerable ... The new Maharashtra government pledged to take action on the Sri Krishna report. On July 20, violence erupted between Hindu and Muslims in Ahmedabad, Gujarat, claiming one life ... On August 26, a mob of approximately 15 persons, possibly led by Hindu extremist Dara Singh, mutilated and burned to death a Muslim cattle trader in Padiabeda village, Orissa ... Some 400 persons witnessed the killing and 3 suspects were arrested in connection with the killing; however, there were no convictions.
... Throughout the year, militants carried out several execution-style mass killings. of Hindu villagers and violently targeted Pandits in J&K. During the year, there were at least three separate attacks on Pandit villages in J&K in which some 41 persons were killed ... The NHRC released a 39-page judgement in June, in response to a petition from Hindu Pandits alleging that genocide had been committed against them. The NHRC found that the crimes against the Pandits "fall short of the ultimate crime" genocide", but stated that compensation to the community had been inadequate. There was a shar increase in the number of attacks against Christian communities and Christian missionaries during the year ...
On January 23, Australian missionary Graham Staines and his two young sons were killed ... The report of the Commission of Inquiry was submitted to the Government on June 21, and was made public on August 5, The Wadhwa Commission report found no evidence of involvement of the Bajrang Dal or any other "politico-religious organization". It found that the Staines murders were perpetrated under the direction of Rabindra Kumar Pal, alias Dara Singh, a wanted criminal and Hindu extremist. The report nevertheless documented Dara Singh's support for the Bajrang Dal. The National Commission for Minorities and other human rights monitors disputed the Wadhwa Commission finding. The National Commission for Minorities' own separate inquiry found evidence suggesting that the Bajrang Dal was involved in the murders ...
Tamil Nadu was the scene of multiple church burnings between September 30 and November 12 ... Members of militant Hindu organizations (including members of the Hindu Jagran Manch, the Vishwa Hindu Parishad, and the Bajrang Dal) reportedly are concerned about Christians' efforts to convert Hindus ... On September 6, VHP working President Ashok Singhal called for enactment for a law banning forced conversions ...
On January 5, a new Hindu militant group, the Hindu Dharma Raksha Samiti, held its second convention in Peth, Maharashtra.
National/Racial/Ethnic Minorities.
The Union Home Ministry reported that 14,413 crimes against scheduled castes and 2,413 crimes against scheduled tribes were recorded in 1998. This represents a significant decrease from ... 1997. However, human rights NGO's allege that caste violence is actually on the increase.
The practice of untouchability ... remains an important. aspect of life ... Inter-caste violence claims hundreds of lives each year; it was particularly pronounced in Uttar Pradesh, Bihar, and Tamil Nadu ... .
Worker Rights: The Right of Association
The Kerala High Court declared in July 1997 that all general strikes (bandhs) were illegal and all organizers of protests would be liable for losses caused by shutdowns. Later in the year, the Supreme Court of India upheld the verdict ...
Prohibition of Forced or Compulsory Labor . Some NGO's estimate that the number of bonded labourers is 5 million persons; however, in a report released during the year, Human Rights Watch estimated that 40 million persons, including 15 million children, are bonded labourers ... that the majority of bonded labourers are Dalits and that bondage is passed from one generation to the next ... Forced labour is widespread, especially in rural areas.
Status of Child Labor Practices and Minimum Age for Employment
The enforcement of child labour laws ... is inadequate, especially in the informal sector where most children who work are employed. The continuing prevalence of child labour may be attributed to social acceptance of the practice. and to the failure of the state and federal governments to make primary school education compulsory ... Primary school education is not compulsory, free and universal
... The Government census of 1991 puts the number of child workers at 11.28 million. The ILO estimates the number at 44 million, while NGO's state that the figure is 55 million. Interpolation of census figures by the National labour Institute indicates that of a total of 203 million children between the ages of 5 and 14, 116 million are in school, 12.6 million are in full-time employment, and the status of 74 million is unknown. Most, if not all, of the 87 million children not in school do housework, work on family farms, work (with) their parents as paid agricultural labourers, as domestic servants, or are otherwise employed ...
Acceptable Conditions of Work
Laws governing minimum wages and hours of work generally are observed in industries subject to the Factories Act but largely are unenforced elsewhere' ... for the 90 per cent of the work force not subject to the Factories Act.
Trafficking in Persons
Within the country, women from economically depressed areas move into the sex trade in the cities ... The number of women being trafficked out of India to other countries is comparatively small ... Trafficking of persons from within and into the country for forced labour also is a significant problem ...
A group on child prostitution established by the NHRC ... continued to meet throughout the year to devise means of improving enforcement of legal prohibitions.
MHA: Annual Report, 1999-2000 (Extracts)
Human Rights: ... The Government continued to pursue the question of setting up of Human Rights Commissions with those State Governments which have not set up the Commission so far. The States of Assam, Himachal Pradesh, J&K, MP, Punjab, Tamil Nadu, West Bengal, -Kerala, Manipur and Rajasthan have set up State Human Rights Commission. Notification of Human Rights Courts in each district and appointment of public prosecutor/advocates was pursued with the State Governments ...
During 1999 (upto September, 1999), approximately 13 foreign diplomats, 120 foreign journalists and 4923 foreign tourists visited the State of J&K .:
The Government has been extending full cooperation to various UN Human Rights Systems, the Thematic Special Rapporteurs and Working Groups in keeping with the obligations under the International Covenants. The Government provided information promptly in respect of specific complaints of alleged human rights violations to these Systems ...
The National Human Rights Commission: ... The Commission received ... 351621 complaints during the period April, 1999 to December, 1999 ... Upto December 29, 1999,t he Commission had received a total of 150,867 complaints. During the period April, 1999to December, 1999, the Commission had disposed with directions 4565 cases, concluded 315 cases and issued notices/held inquiries in 12024 cases.
During the period April, 1999 to December, 1999, the Investigation Division of the Commission received 89 cases for investigation, 119 cases for collection of facts, 103 cases for monitoring and.58 cases were referred by the Commission for the comments of the Director General (Investigation).
Allahabad High Court On Need for Human Rights Commissions
'Peoples' Union for Civil Liberties, Allahabad, Petitioner v: State of UP and others, Respondents. BINOD KUMAR ROY AND R.K. SINGH, JJ.
Protection of Human Rights Act (10 of 1994), Section 21 - State Human Rights Commission (SHRC) - Constitution of - Discretion of State. -
Constitution of Commissions like Minority Commission, Backward Caste Commission, SC, ST Commission and Lokayukta - Would not obviate need of SHRCommission ... Section 22 -SHRC - Government's decision not to constitute Commission - Is justiciable.
... Section 21 - Notification for Constitution of State Human Rights Commission -Rescinding of, by successor State Government - Not fair of proper - State should not take repeated requests of High Court and views expressed by National Commission regarding formation of State Commission, lightly - Subsequently Notification quashed. (Source: AIR 200 Allahabad 103)
