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*FOR IMMEDIATE RELEASE
*AHRC-STM-251-2010
December 9, 2010

*A Statement by the Asian Human Rights Commission on the occasion of the
Human Rights Day 2010 *

*INDIA: The banality of it all and the inability to mourn *

<http://www.humanrights.asia/resources/hrreport/2010/>The allegations of
corruption involving a former Union Minister, some corporate entities, the
judges of the Madras High Court and the former Chief Justice of the Supreme
Court of India reported by the national media this week, in essence,
indicates the state of affairs of the rule of law institutions in the
world's largest democracy. In addition to widespread corruption, three other
important issues that continued to negate the functioning framework of a
mature administration essential for a democratic republic to perform are the
use of torture with impunity, caste based discrimination and the failure of
the government to address widespread malnutrition and hunger.

None of these concerns are new in the Indian context. In fact it is these
evils that sustain the country's internal power structures. What is alarming
however is the banality with which these serious concerns are perceived in
India. Today, the torture and extra-judicial execution of a person or the
death of an infant from acute malnutrition or the brutal discriminatory
practices committed against the members of the Dalit community have no 'news
value' in the country. Neither are India's justice institutions in a
position to address any of these fundamental negations of justice and
equality.

The Asian Human Rights Commission (AHRC) in its 2010 Human Rights Report on
India has analysed these issues. A pre-print release of the full country
report on India titled 'Democratic pretentions and administrative follies'
can be downloaded here:
http://www.humanrights.asia/resources/hrreport/2010/AHRC-SPR-004-2010.pdf

Corruption alone is not that diminishes the efficacy of the justice
institutions in India. These institutions are plagued with a series of
hurdles, most importantly, the absence of a proper legal framework and
resources, unreasonable delay in adjudications and unbridled political
interference. To top it all, the intellectual framework with which the
country's justice institutions operate is either retarded or in a state of
suspended animation. This has made important state institutions like the
police, prosecution and the judiciary in India unable to withstand or
counter malicious attempts upon their independence resulting in their
appalling inability to respect, protect and promote human rights. This has
led to a situation where the defective elements within the justice
institutions being able to considerably damage the inner core of these
institutions from the inside.

The democratic institutions in India, including its large body of elected
representatives of all tiers, are today a shadow of their past. They
resemble a termite-ridden and wilted tree waiting for a strong wind to
collapse. Those who benefit from this, including national and international
entities, are a minority who are privileged to use every possible opening to
unsympathetically exploit a weak democratic structure for private profits.

Therefore today, forced eviction of the tribal communities in India from
their hearth and hut is considered to be essential and justifiable to feed
the greed of a selected few. Repressive laws like the Armed Forces (Special
Powers) Act, 1958 are increasingly used to smother political dissent. Even
the highest court of the country condones the brute force, inhumanness and
injustice behind this draconian law.

The elected representatives, irrespective of the political parties they
represent and the position they occupy, unethically benefit from the
situation by reining the government and leading it into directions that suit
short-sighted political equations, once again at the cost of pushing
millions of Indians to peril. The absence of justice in India's weakening
and narrowing democratic space is literally denying the country's poor even
their right to mourn.

However, India is yet not like some of its neighbours where the hope for a
better future is virtually lost. The report submitted yesterday by the
Parliamentary Select Committee that reviewed the Prevention of Torture Bill,
2010 in the upper house of the Indian parliament, the Rajya Sabha, is an
indication to the fact that the inner ember of reasoning and justice is
still not dead in India. While the complete text of the report is awaited,
credible reports suggest that the Committee has taken the bold and essential
step to literally rewrite the law from its original draft to a meaningful
legislation that could contribute considerably to end the culture of
injustice in India.

The frail life within the foundations of this seriously ill democracy must
be recovered. This requires the vigil and determination of the Indians to
save the country from its present drifting along the downward spiral of
destruction, and bring it ashore to repair and develop it into a mature
democratic republic that India resolved to become 63 years before.

# # #

*About AHRC: The Asian Human Rights Commission is a regional
non-governmental organisation monitoring and lobbying human rights issues in
Asia. The Hong Kong-based group was founded in 1984. *


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