HumanRightsViolationsinIndia_ConferencePresentation.pptx

HUMAN RIGHTS VIOLATION IN INDIA
[Special lecture delivered at National E-Conference on Human
Rights Issues, Social Problems and Changes in 21st Century on 26th
and 27th June 2021, organized by the Department of Sociology,
Ranchi University] ].
Anirban Banerjee,
Professor of Sociology,
The University of Burdwan
P.O.Rajbati,
Burdwan 713104, West Bengal

Banerjee: Human Rights Violations in India p.1
WHAT ARE HUMAN RIGHTS?
 Human rights are rights which human beings naturally
acquire since birth . The Universal Declaration of Human
Rights (1948) proclaimed: "All human beings are born free
and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another
in a spirit of brotherhood." (Article 1)
 10TH DECEMBER IS OBSERVED EVERY YEAR AS HUMAN
RIGHTS DAY TO COMMEMORATE THE ADOPTION OF
UNIVERSAL DECLARATION OF HUMAN RIGHTS BY THE
GENERAL ASSEMBLY OF THE UNITED NATIONS .
 Definition of Human rights
 "Human rights are norms that aspire to protect all people
everywhere from severe political, legal, and social abuses” (
James Nickel)

UNIVERSAL DECLARATION OF HUMAN RIGHTS
• The Universal Declaration of Human
Rights (1948) proclaimed by United
Nations has incorporated a list of
thirty human rights, like Right to
Life, Liberty and Security of Person
(Article 3) , Freedom from arbitrary
arrest and detention (Article 9),
Right to Freedom of Speech and
Expression (Article 19), Right to a
Nationality (Article 15) , Right to
Marry (Article 16) , etc.

Banerjee:Human Rights Violations in India p.3
RIGHTS & DUTIES
Rights , however, go with duties.
If I have the right to walk on the
pavement without hindrance , it is
the duty of other people to give
me reasonable room. But very
often we see that we cannot
freely exercise our rights.

Banerjee:Human Rights Violations in India p.4
Here is an example.
I had gone to Corvinus University,
Budapest, Hungary
to participate in the Indo-
Hungarian Educational Exchange
Programme in 2011.
I found that the people of
Budapest could freely walk on
the pavement or zip past in
human transporters .

DENIAL OF RIGHT TO WALK ON PAVEMENT UNHINDERED
But the pavements of
Kolkata have been taken
over by hawkers.
Walking on this pavement
would require some
acrobatics.
Pedestrians have lost their
right to walk freely on
pavements.
This is a picture of Park
Street .
Other areas, like Gariahat or
Hatibagan have the same
problem.

All civilized countries have their
Bill of Rights.
Pictured here are (from Left to right:
American Bill of Rights,
French Bill of Rights and
Fundamental Rights (India)
(India)

HUMAN RIGHTS VIOLATIONS
EXAMPLE 1.
GEORGE FLOYD’S MURDER BY A POLICEMAN(USA)
This violated George’s right to Life (Art.3)
under the Universal Declaration of Human rights
Plate 1 George_Floyd_neck_knelt_on_by_police_officer

THE NEW MILITARY JUNTA IN MYANMAR HAS KILLED
138 UNARMED PROTESTERS SINCE 1ST FEBRUARY,2021.
Article 3 of Declaration of Human rights is flouted at will.
Plate 2. Military fires at protesters

HUMAN RIGHTS : LITERATURE REVIEW
TABLE NO.1.LITERATURE REVIEW
TYPE AUTHOR/S MAIN STUDIES / CONCLUSIONS
1) Conceptual and Theoretical
Studies
a) Somers and Roberts(2008)
b) Mc Cormic and Mitchell(1997)
a)Argued in favour of a
Sociology of human rights.
b) They developed a Master concept
: repression of human rights
2) Human rights violations of people
with Disabilities and diseases
a) Drew et.al (2011)
b) Paul(2018)
a) Human rights violations of
people with mental disabilities
b) Schizhophrenics suffer human
rights violations
3) Human rights violations and
Marginalized people
a) Sarin et .al(2011)
b) Venkatesan, (2010)
Banerjee(2020)
a) Saxena(2020)
a) human rights problems faced
by intravenous drug users.
b) Studied human rights violations
of hijras and other queer
groups
c) Studied human rights violations
of undertrial prisoners.
4) Violation of Children's rights 4) Balakrishnan,(2020) Haldar and
Jaishankar , (2010) Mercier (2006)
4) Violation of childrens rights
including orphans, child marriage ,
etc.
5) Human Rights Education 5) Bajaj(2011, 2012) 5) Bajaj studied the role of teachers
and institutions in human rights
education.

Methodology:Marxian dialectics
 In his ‘Afterword’ to 2nd German Edition of Capital,Marx
distinguished between the method of enquiry and the
method of presentation .
 The method of enquiry is the appropriation of the matter
in detail and tracing its inner connections
 The method of presentation must be such that it will be a
mirror reflection of the life of the subject.
 My method of enquiry :I first divided human rights
violations into four categories: 1) violation of right to
life and liberty, 2) violation of right to nationality , 3)
violation of right to marriage4) violation of the right to
freedom of speech and expression .On the basis of this
classification I have collected materials from the Internet
Method of presentation : Qualitative case studies .
Narratives, graphics and cartoons.

 What are human rights violations?
 The main objective of my study is to
discuss human rights violations in India.
 I have defined human rights violations as
violations of basic personal rights of
individuals by the State or representatives
of the State .
 Basic personal rights which are recognized
as human rights include the right to life,
freedom of speech and expression, freedom
to marry and right to nationality. These
rights are under threat in contemporary
India.

Human rights Violations
• Human rights violations include:
• wrongful imprisonment
• laws that seek to restrict
the rights of certain sections of society
• denial of citizenship by
ingenious methods like
exclusion from National
Register of Citizens and
consequent incarceration

Banerjee: Human rights Violations in India p.13
 Gaps in Knowledge
 We have done a literature review .We found that
no overarching study dealing with all aspects of
human rights violations have been studied. My
objective is to fill this gap.
 Main focus of the study
 Human rights violations by the Indian State that
had taken place in the last decade(2011-2021). I
have selected four categories for detailed study :
1) violation of right to life and liberty, 2) violation
of right to nationality , 3) violation of right to
marriage,4) Violation of Right to Freedom of
Speech and Expression .

1a) VIOLATION OF RIGHT TO LIFE
2 people per week were killed in police firing (2009-15)
SITALKUCHI FIRING
10th April,2021.
During West Bengal Assembly elections,
4 voters died in firing by CISF
at Booth No.126 , Jorepatki village , Sitalkuchi
MAP 1.SITALKUCHI
.

CAUSE OF FIRING
Police version :Armed people surrounded police
forcing them to open fire
Villagers version: Forces fired on peaceful voters
Plate 3.Last rites of victims.
Source:Internet

POLITICIANS ‘REACTIONS
Dilip Ghosh defended
the firing by para-military forces
Plate No.4.Dilip,Ghosh
Source:Internet.
"The naughty boys, who had presumed
that the rifles of the central forces
were just for a show during election
duty, will not dare repeat the same
mistake after seeing what happened in
Sitalkuchi. This will happen in the
whole of Bengal. If anyone dares to
take the law into his hands, this will
happen to him also." (Dilip Ghosh ,
President West Bengal BJP. See
https://www.indiatoday.in/elections/wes
t-bengal-assembly-polls-
2021/story/dilip-ghosh-sitalkuchi-
cooch-behar-violence-bengal-polls-
1789898-2021-04-12 )

Rahul Sinha chastised the para military forces
for not killing more voters
Plate No.5.Rahul Sinha
Source:Internet
"Not four, eight people should have
been shot dead in Sitalkuchi. The
central forces should be issued a
show cause notice asking why they
killed only four and not eight…Goons
are trying to deprive people of their
democratic rights. Central forces
responded appropriately. If it
happens again, they will answer
again,” Rahul Sinha, Formerl
Secretary ,West Bengal BJP
.(HTTPS://THEWIRE.IN/POLITICS/WE
ST-BENGAL-COOCH-BEHAR-POLL-
VIOLENCE-SITALKUCHI-BJP-RAHUL-
SINHA )

Mamata Banerjee promised justice
to the people of Sitalkuchi.
Plate No.6.Mamata Banerjee
Source: Internet
“The families of the deceased will get justice
We will not spare anybody …
….we have decided to make a memorial for all those killed”.
-Mamata Banerjee
“
“
“
https://indianexpress.com/election
s/mamata-banerjee-sitakuchi-
firing-victims-7273701/

ELECTION COMMISSION OF INDIA
defends police firing at Sitalkuchi.
Should we accept their argument?
Plate No.7: Nirvachan Sadan
Source:Internet
1) Firing result of misunderstanding
2) CISF personnel fired to save their lives
(https://www.indiatoday.in/elections/west-bengal-
assembly-polls-2021/story/election-commission-report-
locals-attacked-cisf-jawans-in-sitalkuchi-cooch-behar-
due-to-misunderstanding-1789518-2021-04-10 (Accessed
on 16-06-2021) .

CALCUTTA HIGH COURT DIRECTIVES ON POLICE FIRING
Plate No.8.Calcutta High Court
Source: Internet
In case of need to fire
1) A magistrate must
be present 2) The
senior most officer
must give the order to
fire.3) Before firing a
warning must be
issued .4) Firing must
be such as to cause
minimum injuries.4) An
accurate diary of all
incidents must be
maintained by the
police.

Violation of Right to Life
Plate No.9.Emblem of CID
Source:Internet
The Criminal Investigation Department (CID) of West
Bengal has formed a Special Investigating team (SIT) to
fast track the enquiry. in Sitalkuchi.
I think among the matters the terms of enquiry of the
SIT should include whether1) the claim of the EC that
there was an unlawful assembly and violence by people
at Booth No.126 was true and 2) whether the directives
of the Calcutta High Court on police firing have been
followed.
***
CONCLUSION
To conclude, the Sitalkuchi incident is definitely a
violation of the right to life
as given in
Art.3 of the Universal Declaration of Human Rights and
Art 21 of the Constitution of India

1b ) ATTACKS ON LIBERTY
PREVENTIVE DETENTION in the Constitution nullifies the
Right to Freedom which the Constitution claims to protect
Government is using NIA & CBI to crush dissent and
jail dissidents.
Plate .No.9a) : Dissidents behind bars .
9b) Emblem of NIA 9c) CBI emblem .
Source: Internet

The use of UAPA by the govt has been severely criticized.
Plate 10. Cartoon by Rachita Taneja
Source:Internet

ATTACKS ON LIBERTY
Dramatic increase in number of arrests under
Unlawful Activities Prevention Act (1967 ) or UAPA
since 2014 when Narendra Modi took over as Prime Minister
Plate No. 11.Active UAPA cases.Source:Internet

Plate No.12.UMAR KHALID
Youth activist .Arrested under UAPA
- a PREVENTIVE DETENTION law in September 2020
Got bail on April 2021
Still in jail due to cases under UAPA
Source:Internet.

Father Stan Swamy
Arrested BY NIA in Elgar Parishad case
Critically ill.
But NIA opposes bail
.Mumbai High Court makes provision
for medical treatment.Denies bail.
-
Plate 13.FATHER STAN SWAMY
:SOCIAL ACTIVIST
Source : Internet

ATTACKS ON LIBERTY
CONCLUSION
• To conclude this section the dangers to liberty under the Narendra Modi
regime are real. UMAR KHALID and FATHER STAN SWAMY are only two of the
numerous examples of individuals whose right to freedom has been violated
by the State.
The arrests under UAPA violate Art.9 of
Universal Declaration of Human Rights (1948)
• “We live under a regime that labels poets, journalists, and even school children
as terrorists and a threat to national security” .-Payoshi Roy, Advocate
****
• What is happening now is the use of the law to crush and quieten dissent.
• For the ideology to establish itself and be accepted by society, it has to root
out dissent and objections. To do so, it will take the help of legal and extra-
legal methods. It can reach to the extent of individual killings such as Gauri
Lankesh and others to create a chilling effect of fear.-MIHIR DESAI

2.Violation of Right to Nationality
Plate 14.Protest against CAB
Source:Internet

2.Violation of Right to Nationality
Article 15 of the Universal Declaration of
Human Rights says:
• Everyone has the right to a nationality.
• No one shall be arbitrarily deprived of his
nationality nor denied the right to change
his nationality.
The Citizenship Amendment Act(2019)
violates this provision as it deprives
Indian origin Muslims from selected
foreign countries, stated in the
amendment, from the right to apply for
Indian citizenship.

2.aViolation of Right to Nationality
Protest movements against CAB/CAA
organized throughout India .
Shaheen Bagh sets a unique example of protest
Govt imposed repression
and BJP fomented riots to end the movement.
But did not succeed .
Plate 15.Shaheen Bagh
Source: Internet

2b) .Violation of Right to Nationality
THE CASE OF NRC IN ASSAM
Map 2.a .Map of India
Plate 2 b. Map of Assam

2b) .Violation of Right to Nationality: NRC
 National Register of Citizens(NRC).
 It violates Article 15 of the Universal Declaration of
Human Rights which recognizes the right to nationality
for every individual.
 NRC exercise in Assam conducted to identify illegal
migrants .
 Shoddy implementation turned it into a witch hunt of
Bengalis and other ethnic minorities like Gorkhas.
 PEOPLE BELONGING TO THE FOLLOWING CATEGORIES
EXCLUDED FROM NRC
 Soldiers serving / retired
 Bureaucrats serving / retired
 Teachers serving / retired
 Freedom fighters

2B.Violation of Right to Nationality: NRC
HOW DIFFICULT IS IT
TO PROVE ONE’S NATIONALITY
BEFORE A FOREIGNERS’ TRIBUNAL
IN ASSAM?
• DOCUMENTS REQUIRED FOR NRC
• LIST A
• 1951 NRC
• Electoral roll(s) up to 24 March (midnight), 1971
• Land and tenancy records
• Citizenship certificate
• Permanent residential certificate
• Refugee registration certificate
• Any government issued license/certificate
• Government service/ employment certificate
• Bank or post office accounts
• Birth certificate
• State educational board or university educational certificate
• Court records/processes
• Passport
• Any LIC policy
 These documents must be dated prior to midnight of March 24, 1971.
• The applicants must link the above documents in List A to their father’s /grand father’s documents
in List B .
• LIST B
• Birth certificate
• Land document
• Board/university certificate
• Bank/LIC/post office records
• Circle officer/gaon panchayat secretary certificate in case of married women
• Electoral roll
• Ration card
• Any other legally acceptable document

2B.Violation of Right to Nationality:NRC
Foreigners’ tribunals set up to identify foreigners.
But they did not dispense justice to applicants
In many cases they rejected documents
supplied by residents to prove nationality.
Plate 16. Foreigners’ tribunals
Source:Internet

2B .Violation of Right to Nationality:NRC
Those who failed to prove their nationality
were incarcerated in concentration camps
Plate 17.a) Newly constructed detention centre
at Goalpara
(left)
b) Women detenues in a detention camp (right)

DETENTION CENTRES RESEMBLE NAZI STYLE
CONCENTRATION CAMPS
Table No.2.Distinction between Reformatory
and Detention Centre
Source: This table is based on.Anirban Banerjee : Jatiyo Nagarik Panji:Rashtrer
omanobik probonota" in Antarmukh 9(3) January-March 2020, Table No..p.35
FACILITY REFORMATORY DETENTION
CENTRE
Work Yes No
Entertainment Yes No
Education Yes No
Contact with family
members
Yes No
Facility for bail or
parole
Yes, both No Parole
Bail only after 3
years on production
of Rs.100,000/-
As ordered by the
Supreme Court

3.Violation of right to Marry
Graphics :Internet
Article 16 of
Universal Declaration of Human
Rights
says that every human being has
the right to marry and found a
family irrespective of nationality
or religion with full consent of the
spouses.
Yet this right is being violated in
India .

 The Hindu right falsely alleges that Muslim men are practicing
'Love Jihad' or 'Romeo Jihad' with a view tricking young Hindu
women into marriage in order to change their religion, explains
Charu Gupta. So when they came to power in various states , the
Hindu right introduced laws which infringes one’s right to marry.
 In 2021 anti –conversion laws, directed against Muslims and
Christians , colloquially known as 'Love Jihad' laws have been
passed in:
 Uttar Pradesh
 Madhya Pradesh
 Gujarat
 In all these states a Hindu right wing party, the Bharatiya Janata
Party , is in power.
 These laws violate one of the basic rights of man , namely the
right to marry and start a family.
 BUT SOME RABIDLY COMMUNAL PEOPLE DO SUPPORT THESE
LAWS.INDEED THEY WANT MORE STRINGENT MEASURES.
 DID NOT A SECTION OF GERMANS IN NAZI GERMANY SUPPORT
HITLER’S WAR AGAINST THE JEWS ?

Graphics:Internet
WITH THE PASSAGE OF THESE LAWS
INDIA BECOMES PERHAPS THE ONLY
COUNTRY IN THE WORLD TO MAKE
INTERFAITH MARRIAGE ILLEGAL
UTTAR PRADESH:
12 FIRS
35 ARRESTS
WITHIN ONE MONTH OF
OPERATION OF
‘LOVE JIHAD’ LAW
GUJARAT
6 ARRESTED ON THE
BASIS OF ONE FIR
ROLE OF COURTS
COURTS HAVE FREED PEOPLE
ARRESTED UNDER THESE LAWS.

4.Violation of the Right to Freedom
of Speech and Expression
 Art 19(a) of the Constitution of India guarantees the
individual the right to freedom of speech and expression. But
this right is under threat in contemporary India. Any
individual who protests against anti-people activities of the
state is viewed as an enemy of the state and slapped with
sedition laws or UAPA and arbitrary detention .
 Like Kanhaiya Kumar, Stan Swamy and Umar Khalid .
Plate 18.Kanhaiya Kumar (left), Stan Swamy(middle) and
Umar Khalid (right)
Source: Internet

4.Violation of Right to Freedom of Speech and Expression
JNU STUDENTS WHO PROTESTED AGAINST
THE EXECUTION OF AFZAL GURU WERE WRONGLY
SLAPPED WITH SEDITION CASES.
SECTION 124 IPC (SEDITION)
DOES NOT APPLY IN THIS CASE
SECTION 124 APPLIES ONLY IN CASE OF ARMED REBELLION..
Plate 19. JNU students organize a candlelight protest against Afzal Guru’s execution (2016)
Source:Internet

4.Violation of Right to
Freedom of Speech and Expression
 Two recent example of political harassment .
 1.Surya Pratap Singh
 Plate 20.Surya Pratap Singh.
 Source: Internet
 Retired IAS officer Surya Pratap Singh criticized the UP govt in a series of tweets .
He was booked in
 6 cases for allegedly using misinformation to divide society. Recently , he was
questioned by police
 He alleged that these are attempts to intimidate him to prevent him from raising
people’s issues.
( Vide Former IAS Officer questioned over tweets critical of government “ –Report in
Indian Express , June 6,2021,
https://indianexpress.com/article/cities/lucknow/former-ias-officer-questioned-over-
tweets-critical-of-govt-7345946/ ) (Accessed on 24-06-2021)

2.MANJUL
Why was political cartoonist Manjul suspended
from Twitter and Network 18?
Is it because he criticized Modi’s
handling of the Covid 19 crisis ?
Plate 21.Cartoon by Manjul

FOLLOW RAJDHARMA
Remember Emperor Ashoka?
In this inscription he says “All men are my children…”
Like Ashoka, Central and State governments should
follow Rajdharma and stop violating human rights.
Tolerance, listening to criticism is part of Indian tradition .
Dividing people , ignoring the rights of a community , is against Indian tradition.
Plate 22.Ashokan Inscription wriiten in the Prakrit language in Brahmi script (3rd century BC)
Odisha State Museum
Photo : Anirban Banerjee

REFERENCES
• Bajaj, Monisha: "Teaching to transform, transforming to teach: Exploring
the role of teachers in human rights education in India" , Educational
Research, Vol.53.2011
• Bajaj, Monisha : Schooling for Social Change :The rise and Impact of
Human Rights Education in India, Continuum,2012.
• Banerjee, Anirban :"Social Change and the Marginalized: The Case of the
Queer Community" in N.K.Bhargava, B.N.Prasad, P.C.Jain, Ashutosh Vyas
and A.Banerjee eds. Agrarian Structure and Social Transformation,
Udaipur & New Delhi, RC 15: Agrarian Structure and Social
Transformation, and Himanshu Publications,2020.
• Balakrishnan, Kavitha: " Cultural Context of Human Rights Violations
Against Children in Asian Countries: Why Do Children Become Easy
Targets? Human Rights Violations in India", in Global Perspectives on
Victimization Analysis and Prevention, Johnson Oluwole Ayodele (Lagos
State University, Nigeria) November, 2019,2020.
• Drew, Natalie , Michelle Funk, Stephen Tang, Jagannath
Lamichhane, Elena Chávez, Sylvester Katontoka, Soumitra
Pathare, Oliver Lewis, Lawrence Gostin, and Benedetto Saraceno :
"Human rights violations of people with mental and psychosocial
disabilities: an unresolved global crisis", Lancet Nov 5. 2011.

• Halder, Debarati and K. Jaishankar: Inter-Country Adoption
and Human Rights Violations in India in K. Jaishankar
ed.International Perspectives on Crime and Justice ,
Cambridge Scholars Publishing, March 2009.
• Mercier, Jaquerline "Eliminating Child marriage in India: A
Backdoor Approach to Eliminating Human Rights ?Violation",
in Boston College Third World Law Journal Vol.26.Issue
2.2006

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