http://infochangeindia.org/200901197571/Human-Rights/News/International-rights-group-slams-Indian-government.html

In its 'World Report 2009', Human Rights Watch says India lacks the "will
and capacity" to implement many laws and policies despite an overarching
commitment to respecting citizens' freedom to express their views,
peacefully protest and form their own organisations

In India there is a pattern of denial of justice and impunity, whether it is
the failure to protect women, children and marginalised groups such as
dalits, tribal groups and religious minorities, or in cases of human rights
violations by the security forces, says Human Rights Watch (HRW) in its
564-page report reviewing international civil liberties during 2008.

"The failure to properly investigate and prosecute those responsible leads
to continuing abuses," the report says. Since August 2008, Hindu militant
groups in Orissa have attacked Christians, many of them tribal minorities or
dalits. The militants burned down churches, beat priests and nuns and
destroyed property. More than 40 people were killed in the Orissa violence.


Failure to secure justice for the 2002 Gujarat riots -- in which more than
2,000 Muslims were killed following an attack on a train carrying Hindu
pilgrims -- too has been underlined by the rights body. While India "claims"
that its national and state human rights commissions ensure protection of
human rights, HRW says, these commissions are "not fully independent", for
their members and chair are appointed by the government. Thus, they lack
sufficient resources to conduct their own investigations, it adds.

India has routinely ignored recommendations from UN human rights bodies
including UN committees on the elimination of racial discrimination and
discrimination against women. Despite a scheme launched four years ago to
provide universal education, millions of children in India still have no
access to education and work long hours, many as bonded labourers.

Women and children continue to be trafficked for marriage, sex work, or
employment. Others languish in sub-standard orphanages or detention centres.
Children and adults living with HIV/AIDS, as well as those whose
marginalised status puts them at highest risk -- internal migrants, sex
workers, injecting drug users, men who have sex with men, and transgender
populations -- face widespread stigmatisation and discrimination, including
denial of employment, access to education and healthcare.

According to the National AIDS Control Organisation, more than 2.5 million
people are living with HIV. Four southern states (Andhra Pradesh,
Maharashtra, Tamil Nadu and Karnataka) account for nearly two-thirds of
those infected. Although antiretroviral therapy is supposed to be freely
available at public health facilities, there are significant regional
disparities in implementation of the policy.

India is a member of the UN Human Rights Council (HRC) and, in 2008, came up
for universal periodic review by the HRC, agreeing to several
recommendations including that it sign and ratify UN treaties banning
torture and enforced disappearances. But the report alleges Indian security
forces are responsible for extrajudicial killings, arbitrary detentions, due
process violations, and ill-treatment in custody. It criticises laws such as
the Armed Forces (Special Powers) Act which, it says, sanctions impunity.

"Violence continues in secessionist conflicts in northern Jammu and Kashmir
and in Manipur, low-intensity insurgencies in other parts of the northeast,
and the Maoist conflict in several states of central India… Armed groups are
responsible for human rights abuses against civilians, including the use of
explosive devices and landmines, forced recruitment, including of children,
threats, extortion, and killings," the report adds.

Maoist armed groups, also called Naxalites, continue to carry out bombings,
abductions, beatings, and killings in several Indian states including
Chhattisgarh. Security forces have responded with arbitrary detention,
torture, and extrajudicial killings of suspected Naxalites or their alleged
supporters.

"In Chhattisgarh, government security forces and state-government-backed
vigilantes called the Salwa Judum are responsible for attacking, killing,
and forcibly displacing tens of thousands of people in armed operations
against Maoist rebels. The Naxalite rebels retaliate in a brutal manner,
abducting, assaulting, and killing civilians perceived to be Salwa Judum
supporters."

All parties to the Chhattisgarh conflict have used children in armed
operations. The Naxalites admit that it is standard practice to recruit
children aged 16 and above in their forces; children as young as 12 have
been used in some armed operations. Likewise, the Salwa Judum has included
children in its violent attacks on villages as part of its anti-Naxal
campaign.

Another case highlighted is that of Dr Binayak Sen, physician and human
rights activist with the People's Union for Civil Liberties (PUCL) who was
detained in May 2007 under the Chhattisgarh Special Public Security Act. The
trial of Sen, accused of having links with Naxalites, began in May 2008 but
he continues to be behind bars without sufficient evidence.

In May 2008, the police arrested filmmaker and PUCL member Ajay TG under the
same Act for alleged links with unlawful Maoist organisations. He was
granted bail in August after the government failed to file charges within
the mandatory 90 days stipulated in the Act.

Source: http://www.hrw.org, January 2009
            http://news.bbc.co.uk, January 2009
            http://www.zeenews.com, January 2009

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