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(A Monthly Publication of Manavadhikar Samajik Manch)

Volume XV No. 9 September 2018
 Advisors: Bejon Mishra
President :Dr. A. Shanker Manoj Kar
Editor :Dr. Girija B. Nanda Prof. Sanjay Chandwani
Managing Editor :Dr. Srimoy Patra
Editorial Team :Dr. Arpita Verma UP Chapter
Dr. Virender Khatana Dr. Narendra Kumar, State Convenor
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Correspondents :Swarup N. Panigrahi Uttar Pradesh - 274001
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Reporter :Sanjeevani
Odisha Chapter
Legal Advisors :Biswajit Swain
Umakanta Nanda, Adv, State Convenor
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Manager -
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Human Touch
(A Monthly Publication of Manavadhikar Samajik Manch)

Human Touch is a platform for non-partisan portrayal of human rights issues in their different forms. Be it
the rights of the weaker sections of our population such as the women, the children, the aged and the
physically challenged, or the victims of some social customs, cultural traditions and economic & non-economic
policies, the publication brings out the issues objectively and in a manner that would give succour to the
people whose rights are either violated or put in jeopardy.

Human Touch acts as a forum for scholars, activists, concerned individuals and the common men &
women to ventilate their grievances, express their views and to highlight cases of human rights violations,
so that appropriate ameliorative actions can be taken by the concerned agencies. It is meant to help the
helpless and to speak for those whose voices are not heard. It engages in constructive and incisive debate
on issues that are not only of day-to-day concern but also on issues that are important for posterity. This
publication is a step forward in realising the vision of Manavadhikar Samajik Manch, i.e. creation of a
just and equitable society.

Owner : Manavadhikar Samajik Manch

Publisher/Printer/Editor : Dr. Girija B. Nanda
Printed at : Matha Offset Press, Y-16, Okhla Industrial Area, Phase-II, New Delhi
Published from: Manavadhikar Samajik Manch, 39, Sant Nagar, New Delhi - 110065
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E-mail: officemail.masm@gmail.com, manavadhikar.india@indiatimes.com, masm@rediffmail.com
Website: www.manavadhikar.net, www.humanrightsnews.net
 In this issue...
International Literacy Day: 5
Literacy and skills development

International Day for the Preservation of the Ozone Layer: 7

Caring for all life under the sun

International Day of Peace: 11

The Right to Peace – The Universal Declaration of Human Rights at 70

International Day of Democracy 13

Democracy and Conflict prevention

National News 15

News from the National Human Rights Commission 19

International News 24

The Children of India: 27

Victims of Malnutrition

Kangaroo Justice: 29
Time to do away with it

Corruption in India: 30
Discretion is the Need of the Hour
 From the President’s Desk …
Climate change threatens the human rights of millions of people who are at risk of losing access to
housing, food and clean water unless governments intervene early to counter its effects. The UN
Commission on Human Rights declared that climate change “poses an immediate and far-reaching
threat to people and communities around the world” and that the link between climate and change
and human rights could no longer be ignored.

From the International Panel on Climate Change fourth assessment report it is clear that there is
scientific evidence that the acceleration in climate change and the ensuing consequences of the
increase in the frequency and intensity of floods and droughts, and other what were hitherto seen
as “natural” calamities are no longer natural but man-made, on account of the huge volume of
greenhouse gases released into the atmosphere with fast-paced industrialization and burning of
fossil fuels, mostly by the developed world.

The rich countries are guilty of several human rights violations against millions of people in the
developing world, and these include the denial of the right to livelihood, the denial of the right to
their homes, the denial of the right to food, shelter and clothing, the denial of the right to employment
opportunities, the denial of the right to freedom from disease, denial of the right to preservation of
cultures and traditions and in all, the denial of the right to a future free of poverty.

Climate change is officially a human rights issue. The UN Human Rights Council has laready
endorsed a resolution recognizing that global warming threatens the livelihoods and welfare of
many of the world’s most vulnerable people.

The need of the hour is to address urgently is how culpable countries can be made to account for
their responsibilities with regard to righting human rights violations of people living in vulnerable
countries who had little or no part in the creation of the climate change problem in the first in-
stance. If we fail in doing so, none of us will escape the effects of the disasters that are facing the
future generations due to climate change.

We must fight to protect our environment. The right to environment requires a broad international
effort to coordinate the actions of governments, international organizations, multinational corpora-
tions, and individuals. The right to a safe and healthy environment must be clearly defined as a
‘human right’ by the Government as well as the civil society.

Dr. A. Shanker

Vol. XV No. 9 September 2018 4

 International Literacy Day:
Literacy and skills development
I
nternational Literacy Day,
celebrated annually on 8
September, is an opportunity for
Governments, civil society and
stakeholders to highlight
improvements in world literacy rates,
and reflect on the world's remaining
literacy challenges. The issue of
literacy is a key component of the
UN's Sustainable Development Goals
and the UN's 2030 Agenda for
Sustainable Development.
The UN's Sustainable Development
Goals, adopted by world leaders in
September 2015, promotes, as part
of its agenda, universal access to
quality education and learning
opportunities throughout people’s
lives. Sustainable Development Goal
4 has as one of its targets ensuring
all young people achieve literacy and
numeracy and that adults who lack
these skills are given the opportunity
to acquire them.
This year’s theme is ‘Literacy and
skills development.’ Despite
progress made, literacy challenges
persist, and at the same time the
demands for skills required for
work, evolve rapidly. This year's
theme explores integrated
approaches that simultaneously
support the development of literacy
and skills, to ultimately improve
people’s lives and work and
contribute to equitable and
sustainable societies. The day
focuses on skills and competencies
required for employment, careers,
and livelihoods, particularly technical
and vocational skills, along with
transferable skills and digital skills.
Vol. XV No. 9 September 2018
Background
The 8th of September was
proclaimed International Literacy Day
by UNESCO at the 14th session of
UNESCO’s General Conference on
26 October 1966 to remind the
international community of the
importance of literacy for individuals,
communities and societies, and the
need for intensified efforts towards
more literate societies.
The idea of an International Literacy
Day was born at the World
Conference of Ministers of Education
on the Eradication of Illiteracy, held
in Teheran, Iran, on 8-19 September
1965.
The Final Report of that Conference
concluded:
"The development of the modern
world, the accession to independence
of a large number of countries, the
need for the real emancipation of
people and for the increasingly active
and productive participation, in the
economic, social and political life of
human society, of the hundreds of
millions of illierate adults still existing
in the world, make it essential to
change national education policies.
Education systems must provide for
the educational training needs of both
the young generations who have not
yet begun working life, and the
generations that have already become
adult without having had the benefit
of the essential minimum of
elementary education.
5
National educational plans should
include schooling for children and
literacy training for adults as parallel
elements."
Since the first International Literacy
Day in 1967, celebrations have taken
place annually around the world,
coordinated by UNESCO, countries
and partners, to advance the literacy
agenda at global, regional and national
levels.
History
Over five decades, the concept of
literacy has evolved from basic
reading, writing and numeracy skills
to broader notions such as functional
literacy and a foundation for lifelong
learning.
2015
The Incheon Declaration adopted at
the World Education Forum held in
Incheon, Republic of Korea,
encapsulates the commitment to
Education 2030 to provide inclusive
and equitable quality education and
lifelong learning for all and
recognizes the important role of
literacy.
2009-2010
UNESCO’s sixth conference on adult
education in Brazil, CONFINTEA VI,
adopts the Belém Framework for
Action.
The first Global Report on Adult
Learning and Education, GRALE I,
is launched by UNESCO Institute for
Lifelong Learning (UIL) presenting
insights on literacy from all world
regions.
2003-2012
UNESCO takes the lead of the UN
Literacy Decade, which envisions
Literacy for All actions. The Literacy
Initiative for Empowerment (LIFE)
is the mechanism to take that action
and improve literacy rates all over the
world.
2000
Dakar Framework for Action is
adopted at the World Education
Forum in Dakar, Senegal, organized
by UNESCO. Literacy is high on the
agenda and goals are adopted: to meet
the basic learning needs of youth and
adults through the functional literacy
approach, and to reduce adult literacy
rates by 50 per cent.
1997
The importance of adult literacy is
highlighted during the fifth
International Conference on Adult
Vol. XV No. 9 September 2018
Learning, CONFINTEA V, in
Hamburg, Germany, with the
outcome document: The Hamburg
Declaration on Adult Learning.
1990
UN announces this year as
International Literacy Year and the
critical role of literacy is highlighted
at the World Conference on
Education for All in Jomtien,
Thailand, and in The Framework for
Action to Meet Basic Learning Needs
adopted by the conference.
1975
UNESCO organizes the International
Symposium for Literacy and adopts the
Persepolis Declaration in Persepolis,
Iran, in which literacy is described as
a contribution to the liberation of man,
instead of being limited to “the process
of learning the skills of reading, writing
and arithmetic”.
6
1966
General Conference of UNESCO
proclaims 8 September as
International Literacy Day.
1965
World Conference of Ministers on the
Eradication of Illiteracy in Tehran,
Iran. The concept of functional
literacy is introduced with literacy as
a means for development and not just
an end in itself. The idea of
International Literacy Day is born.
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for online
human rights updates.
 International Day for the Preservation of the Ozone Layer:
Caring for all life under the sun
The ozone layer, a fragile shield of
gas, protects the Earth from the
harmful portion of the rays of the
sun, thus helping preserve life on the
planet.
The phaseout of controlled uses of
ozone depleting substances and the
related reductions have not only
helped protect the ozone layer for this
and future generations, but have also
contributed significantly to global
efforts to address climate change;
furthermore, it has protected human
health and ecosystems by limiting the
harmful ultraviolet radiation from
reaching the earth.
Caring for all life under the sun
This year marks the 30th anniversary
of the Montreal Protocol. As part of
the anniversary celebrations, the
Ozone Secretariat will launch a
communication campaign ahead of
World Ozone Day to be marked on
16 September 2017.
The #OzoneHeroes campaign to be
launched on 14 September will seek
to celebrate the major
accomplishments of the Montreal
Protocol in protecting the ozone layer
and the climate, to increase public
recognition of the success and impact
of the Protocol, and to generate
further support for the Protocol and
its new mandate to phase down
climate-warming hydrofluorocarbons
under the Kigali Amendment, adopted
in 2016.
Background
A number of commonly used
chemicals have been found to be
Vol. XV No. 9 September 2018
extremely damaging to the ozone
layer. Halocarbons are chemicals in
which one or more carbon atoms are
linked to one or more halogen atoms
(fluorine, chlorine, bromine or
iodine). Halocarbons containing
bromine usually have much higher
ozone-depleting potential (ODP) than
those containing chlorine. The man-
made chemicals that have provided
most of the chlorine and bromine for
ozone depletion are methyl bromide,
methyl chloroform, carbon
tetrachloride and families of
chemicals known as halons,
chlorofluorocarbons (CFCs) and
hydrochlorofluorocarbons (HCFCs).
Vienna Convention for the Protection
of the Ozone Layer
The scientific confirmation of the
depletion of the ozone layer prompted
the international community to
establish a mechanism for
cooperation to take action to protect
the ozone layer. This was formalized
in the Vienna Convention for the
Protection of the Ozone Layer, which
7
was adopted and signed by 28
countries, on 22 March 1985. In
September 1987, this led to the
drafting of The Montreal Protocol on
Substances that Deplete the Ozone
Layer.
Montreal Protocol
The principal aim of the Montreal
Protocol is to protect the ozone layer
by taking measures to control total
global production and consumption
of substances that deplete it, with the
ultimate objective of their elimination
on the basis of developments in
scientific knowledge and
technological information.
The Montreal Protocol is structured
around several groups of ozone-
depleting substances. The groups of
chemicals are classified according to
the chemical family and are listed in
annexes to the Montreal Protocol
text.
The Montreal Protocol requires the
control of nearly 100 chemicals, in
several categories. For each group or
annex of chemicals, the Treaty sets
out a timetable for the phase-out of
production and consumption of those
substances, with the aim of
eventually eliminating them
completely.
The timetable set by the Montreal
Protocol applies to consumption of
ozone depleting substances.
Consumption is defined as the
quantities produced plus imported,
less those quantities exported in any
given year. There is also a deduction
for verified destruction.

Percentage reductions relate to the
designated base-line year for the
substance. The Protocol does not
forbid the use of existing or recycled
controlled substances beyond the
phase-out dates.
There are a few exceptions for
essential uses where no acceptable
substitutes have been found, for
example, in metered dose inhalers
(MDI) commonly used to treat
asthma and other respiratory
Vol. XV No. 9 September 2018
problems or halon fire-suppression
systems used in submarines and
aircraft.
In 1994, the United Nations General
Assembly proclaimed 16 September
the International Day for the
Preservation of the Ozone Layer,
commemorating the date of the
signing, in 1987, of the Montreal
Protocol on Substances that
Deplete the Ozone Layer (resolution
49/114).
8
Implemenation of the Montreal
Protocol
Implementation of the Montreal
Protocol progressed well in
developed and developing countries.
All phase-out schedules were adhered
to in most cases, some even ahead
of schedule. In view of the steady
progress made under the Protocol,
already in 2003, former United
Nations Secretary-General Kofi
Annan stated “Perhaps the single
most successful international
agreement to date has been the
Montreal Protocol”. His views are
shared widely in the international
community.
Attention focused initially on
chemicals with higher ozone-
depletion potentials including CFCs
and halons. The phase-out schedule
for HCFCs was more relaxed due to
their lower ozone-depletion potentials
and because they have also been used
as transitional substitutes for CFCs.
The HCFC phase-out schedule was
introduced in 1992 for developed and
developing countries, the latter with
a freeze in 2015, and final phase-out
by 2030 in developed countries and
2040 in developing countries.
In 2007, Parties to the Montreal
Protocol decided to accelerate the
HCFC phase-out schedule for both
developed and developing countries.
Universal ratification:
On 16th September 2009, the Vienna
Convention and the Montreal
Protocol became the first treaties in
the history of the United Nations to
achieve universal ratification.
Kigali Amendment
The Parties to the Montreal Protocol
on Substances that Deplete the Ozone
Layer reached agreement at their 28th
Meeting of the Parties on 15 October
2016 in Kigali, Rwanda to phase-
down hydrofluorocarbons (HFCs)
The Ozone hole and science
What is ozone?
Ozone is a special form of oxygen
with the chemical formula O3. The
oxygen we breathe and that is so vital
to life on earth is O2.
Ozone constitutes a very small part
of our atmosphere, but its presence
is nevertheless vital to human well-
being. Most ozone resides high up in
the atmosphere, between 10 and
40km above Earth's surface. This
region is called the stratosphere and
it contains about 90% of all the ozone
in the atmosphere.
Why do we care about atmospheric
ozone?
Ozone in the stratosphere absorbs
some of the Sun’s biologically
harmful ultraviolet radiation. Because
of this beneficial role, stratospheric
ozone is considered “good” ozone.
In contrast, excess ozone at Earth’s
surface that is formed from
pollutants is considered “bad” ozone
because it can be harmful to humans,
plants, and animals. The ozone that
occurs naturally near the surface and
in the lower atmosphere is also
beneficial because ozone helps
remove pollutants from the
atmosphere.
The Ozone hole and science
Following the publication of the
findings of a British Antarctic Survey
article in May 1985, the phenomenon
of ozone depletion over Antarctica
was referred to as the "ozone hole",
a phrase first attributed to Nobel Prize
winner Sherwood Rowland. The
satellite image of the Ozone Hole has
become a global symbol of this
environmental threat that has helped
mobilize public support for the
Montreal Protocol.
Vol. XV No. 9 September 2018
The work of atmospheric scientists
and environmental researchers
continues to play a paramount role in
informing the policymaking under the
Montreal Protocol. Images and
scientific bulletins about ozone
depletion are useful communication
tools to the public about progress
made and challenges ahead.
Some Ozone Depleting Substances
in Different Industry Sectors
Aerosols, Sterilants and Carbon
Tetrachloride
CFCs are used in aerosol products,
as sterilants of medical equipment,
and in a range of miscellaneous
applications including food freezing,
tobacco expansion, fumigation and
cancer therapy. Carbon tetrachloride
is used as a feedstock in the
production of CFC-11 and CFC-12,
in the production of key
pharmaceuticals and agricultural
chemicals, and as a catalyst promoter.
CFCs and carbon tetrachloride are
ozone depleting substances whose
production and consumption is
controlled under the Montreal
Protocol. With support from the
Protocol's Multilateral Fund delivered
by UNEP, UNDP, UNIDO, the World
Bank and bilateral agencies,
developing countries are phasing out
these ozone depleting chemicals in
this sector.
Foams
CFCs have been used extensively in
the manufacture of polyurethane,
phenolic, polystyrene and polyolefin
foam polymers, used in many
different products. Common blowing
agents have included CFC-11, CFC-
12, CFC-113 and CFC-114.
CFCs are ozone depleting substances
whose production and consumption
is controlled under the Montreal
Protocol. With support from the
9
Protocol's Multilateral Fund delivered
by UNEP, UNDP, UNIDO, the World
Bank and bilateral agencies,
developing countries are phasing out
these ozone depleting chemicals in
this sector.
Halons
Halon 1211 has been widely used in
portable fire extinguishers. Halon 1301
has seen widespread use in fixed
systems throughout the industrial,
commercial, marine, defence, and
aviation industries. Halon 2402 has
primarily been used in the defence,
industrial, marine and aviation sector
in some countries.
Halons are ozone depleting
substances whose production and
consumption is controlled under the
Montreal Protocol. With support from
the Protocol's Multilateral Fund
delivered by UNEP, UNDP, UNIDO,
the World Bank and bilateral agencies,
developing countries are phasing out
these ozone depleting chemicals in
this sector.
The strategy for the halon sector
essentially consists of two
approaches: replacing halons with
alternatives, and halon banking.
Alternatives to halons include
halocarbon alternatives, inert gases,
water mist, fine particulate aerosols
and streaming agents. In some cases,
fire protection strategies may be re-
considered and the need for halons
eliminated. Halon banking, which
includes recovery, recycling and
establishing inventories, is used by
companies and countries for
managing existing halon supplies to
cover remaining critical uses.
HCFCs (hydrochlorofluorocarbons)
HCFCs (hydrochlorofluorocarbons)
are widely used in the refrigeration,
foam, solvent, aerosol and fire
fighting sectors as a transitional
substance to substitute CFCs. HCFCs
are also used as feedstock (raw
material) in the production for other
chemical products.
HCFCs were introduced in the 1990s
as alternative chemicals for CFCs and
added to the list of substances
controlled by the Montreal Protocol.
It was acknowledged at the time that
these chemicals, with considerably
lower ozone depleting potentials
(ODP), were transitional and their
production and consumption was
also to be phased out under the
Montreal Protocol. Although having
considerably lower ozone depleting
potentials than CFCs, many HCFCs
have high global warming potentials,
of up to 2000 times that of carbon
dioxide.
In 2006 global HCFC production was
34,400 ODP tonnes and
approximately 75% of global HCFC
use is in air-conditioning and
refrigeration sectors. The main HCFC
used is HCFC-22 or
chlorodifluoromethane.
At the 20th anniversary meeting of
the Montreal Protocol on Substances
that Deplete the Ozone layer
agreement was reached to adjust the
Montreal Protocol's HCFC phase out
schedule to accelerate the phase-out
of production and consumption of
HCFCS. This decision will result in a
significant reduction in ozone
depletion and well as in global
warming.
Methyl bromide
Methyl bromide is widely used as a
fumigant in agriculture, for pest
control in structures and stored
commodities, and for quarantine
treatments. Fumigation is a technique
that allows the gas to reach pests
which are in soil, in durables, in
perishables, and in structures and
Vol. XV No. 9 September 2018
vehicles. This chemical controls a
wide range of pests, including
pathogens (fungi, bacteria and
soilborne viruses), insects, mites,
nematodes and rodents.
Methyl bromide is an ozone depleting
substance that is controlled under the
Montreal Protocol. With support from
the Protocol's Multilateral Fund and
the Global Environment Facility,
developing countries and countries
with economies in transition are
reducing and ultimately phasing out
their consumption of this chemical.
Use of methyl bromide can be reduced
and eliminated by adopting
alternatives, which have been
identified for more than 90 percent
of applications. These include
chemicals, non-chemical measures -
- including Integrated Pest
Management (IPM) - or a
combination of both.
Solvents, Coatings & Adhesives
In the past, CFC-113 use was
essential in many industrial
applications: in electronic assembly
production processes, precision
cleaning and general metal degreasing
during manufacture, as well as in dry
cleaning and other industrial
applications. CFC-113 began to be
used in the 1970s in metal degreasing
10
and other areas owing to concern
over the toxicity of the chlorinated
solvents used previously.
For many years 1,1,1-trichloroethane
was the solvent of choice to replace
other more toxic chlorinated solvents
for general metal cleaning. Carbon
tetrachloride is no longer used as a
solvent in most countries because of
its toxicity, but it is still used in some
parts of the world.
CFC-113, 1,1,1-trichloroethane,
CTC, and bromochloromethane are
ozone depleting substances whose
production and consumption is
controlled under the Montreal
Protocol. With support from the
Protocol's Multilateral Fund delivered
by UNEP, UNDP, UNIDO, the World
Bank and bilateral agencies,
developing countries are phasing out
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 International Day of Peace:
The Right to Peace – The Universal Declaration of Human Rights at 70
Each year the International Day of
Peace is observed around the world
on 21 September. The General
Assembly has declared this as a day
devoted to strengthening the ideals of
peace, both within and among all
nations and peoples.
The United Nations Member States
adopted the 17 Sustainable
Development Goals in 2015 because
they understood that it would not be
possible to build a peaceful world if
steps were not taken to achieve
economic and social development for
all people everywhere, and ensure that
their rights were protected. The
Sustainable Goals cover a broad
range of issues, including poverty,
hunger, health, education, climate
change, gender equality, water,
sanitation, energy, environment and
social justice.
Sustainable Development Goal 16
“Peace, Justice and Strong
Institutions” calls for promoting
peaceful and inclusive societies for
sustainable development, providing
access to justice for all and building
effective, accountable and inclusive
institutions at all levels.
A peaceful society is one where there
is justice and equality for everyone.
Peace will enable a sustainable
environment to take shape and a
sustainable environment will help
promote peace.
The theme for the International Day
of Peace in 2018 is “The Right to
Peace - The Universal Declaration of
Human Rights at 70”
Vol. XV No. 9 September 2018
The theme celebrates the 70th
anniversary of the Universal
Declaration of Human Rights.
The Universal Declaration of
Human Rights is a milestone
document in the history of human
rights. Drafted by representatives
with different legal and cultural
backgrounds from all regions of
the world, the Declaration was
adopted by the United Nations
General Assembly in Paris on 10
December 1948 as a common
standard of achievement for all
peoples and all nations.
The Universal Declaration – the most
translated document in the world,
available in more than 500 languages
- is as relevant today as it was on the
day that it was adopted.
Background
The International Day of Peace
was established in 1981 by the
United Nations General Assembly.
Two decades later, in 2001, the
General Assembly unanimously
voted to designate the Day as a
period of non-violence and cease-
fire.
The United Nations invites all nations
and people to honour a cessation of
hostilities during the Day, and to
otherwise commemorate the Day
through education and public
awareness on issues related to
peace.
11
Resolution adopted by the General
Assembly
[without reference to a Main
Committee (A/55/L.95 and Add.1)]
55/282. International Day of Peace
The General Assembly,
Recalling its resolution 36/67 of 30
November 1981, by which it declared
that the third Tuesday of September,
the opening day of the regular
sessions of the General Assembly,
shall be officially proclaimed and
observed as International Day of
Peace and shall be devoted to
commemorating and strengthening
the ideals of peace both within and
among all nations and peoples,
Recalling also its other relevant
resolutions, including resolution 55/
14 of 3 November 2000,
Reaffirming the contribution that the
observance and celebration of the
International Day of Peace makes in
strengthening the ideals of peace and
alleviating tensions and causes of
conflict,
Considering the unique opportunity
it offers for a cessation of violence
and conflict throughout the world,
and the related importance of
achieving the broadest possible
awareness and observance of the
International Day of Peace among the
global community, Desiring to draw
attention to the objectives of the
International Day of Peace, and
therefore to fix a date for its
observance each year that is separate
from the opening day of the regular
sessions of the General Assembly,
 Message for the 100-day countdown to the International
Day of Peace 13 June 2018
The International Day of Peace, observed every year on 21 September, embodies our shared aspiration to end
conflict in all its forms and to safeguard the human rights of all people. It is a day on which the United Nations
calls for a 24-hour global ceasefire, with the hope that one day in our lifetime we will witness an end to
violence.

Yet there is more to achieving peace than laying down weapons. True peace requires standing up for the
human rights of all the world’s people. That is why this year’s theme for the International Day of Peace is:
“The Right to Peace – The Universal Declaration of Human Rights at 70”.

As the observance approaches, let us re-double our efforts to address the root causes of conflict and advance
our work for the Sustainable Development Goals, including by promoting inclusive societies, providing access
to justice and building accountable institutions.

Let us stand up for human rights for all in the name of peace for all.

1. Decides that, with effect from
the fifty-seventh session of the
General Assembly, the
International Day of Peace
shall be observed on 21
September each year, with this
date to be brought to the
attention of all people for the
celebration and observance of
peace;
2. Declares that the International
Day of Peace shall henceforth
be observed as a day of global
ceasefire and non-violence, an
invitation to all nations and
people to honour a cessation
of hostilities for the duration
of the Day;
3. Invites all Member States,
organizations of the United
Nations system, regional and
non-governmental
organizations and individuals
to commemorate, in an
appropriate manner, the
International Day of Peace,
including through education
and public awareness, and to
cooperate with the United
Nations in the establishment of
the global ceasefire.

Vol. XV No. 9 September 2018 12

 International Day of Democracy
Democracy and Conflict prevention
Background
The International Day of Democracy
provides an opportunity to review the
state of democracy in the world.
Democracy is as much a process as
a goal, and only with the full
participation of and support by the
international community, national
governing bodies, civil society and
individuals, can the ideal of
democracy be made into a reality to
be enjoyed by everyone, everywhere.
The values of freedom, respect for
human rights and the principle of
holding periodic and genuine elections
by universal suffrage are essential
elements of democracy. In turn,
democracy provides the natural
environment for the protection and
effective realization of human rights.
These values are embodied in the
Universal Declaration of Human
Rights and further developed in the
International Covenant on Civil and
Political Rightswhich enshrines a host
of political rights and civil liberties
underpinning meaningful
democracies.
The link between democracy and
human rights is captured in article
21(3) of the Universal Declaration of
Human Rights, which states:
“The will of the people shall be the
basis of the authority of government;
this will shall be expressed in periodic
and genuine elections which shall be
by universal and equal suffrage and
shall be held by secret vote or by
equivalent free voting procedures.”
The rights enshrined in the
International Covenant on
Vol. XV No. 9 September 2018
Economic, Social and Cultural
Rights and subsequent human rights
instruments covering group rights
(e.g.indigenous peoples, minorities,
people with disabilities) are equally
essential for democracy as they
ensure an equitable distribution of
wealth, and equality and equity in
respect of access to civil and
political rights.
2017 Theme: Democracy and
Conflict prevention
This year's theme of democracy and
conflict prevention focuses on the
critical need to strengthen democratic
institutions to promote peace and
stability. A more integrated approach
to foster resilient societies calls for
effective and inclusive democratic
governance with respect for human
rights and the rule of law.
Resilient societies are able to mitigate
disputes through mediation, dialogue
and a reasonable degree of legitimacy
of their institutions. Developing
effective conflict prevention
mechanisms and infrastructures
provides a foundation to resolve
grievances and sustain peace.
Processes, such as peace
agreements, elections and
constitutional reforms, can help
maintain equilibrium between
competing interests and reduce
fragility and the likelihood of
organized violence.
Strong leadership to support
democracy, strengthen civil society,
13
empower women and uphold the rule
of law are conditions that preserve
stability and peace.
Recognizing the indivisible links
between peaceful societies and
effective, accountable and inclusive
institutions, the 2030 Agenda for
Sustainable Development addresses
democracy in Sustainable
Development Goal 16.
Background
About World Tourism Day
World Tourism Day is
commemorated each year on 27
September. Its purpose is to foster
awareness among the international
community of the importance of
tourism and its social, cultural,
political and economic value. The
event seeks to address global
challenges outlined in the 2030
Agenda for Sustainable Development
and to highlight the contribution the
tourism industry can make in
reaching the Sustainable
Development Goals.
The World Tourism Organization
(UNWTO), the United Nations
agency responsible for the promotion
of responsible, sustainable and
universally accessible tourism, invites
all interested parties to take part on
27 September each year in the
special celebrations taking place in
their respective country or holiday
destination.
World Tourism Day theme and
official celebrations
World Tourism Day is celebrated with
appropriate events on themes selected
by the UNWTO General Assembly,
 sustainable development, especially
poverty eradication.”

on the recommendation of the
UNWTO Executive Council.
The UNWTO Secretary-General
issues a message each year to mark
the occasion and chairs the official
celebrations.
Previous World Tourism Day
Celebrations
Establishment of World Tourism Day
It was at its third session
(Torremolinos, Spain, September
1979), that the UNWTO General
Assembly decided to institute World
Tourism Day, commencing in the
year 1980. This date was chosen to
coincide with an important milestone
in world tourism: the anniversary of
the adoption of the UNWTO Statutes
on 27 September 1970.
Advertise with
us for
Strengthening
our Hands in
Promoting
and
Protecting
70th session, the United Nations
General Assembly designated 2017
Human
as the International Year of
Sustainable Tourism for Development
Rights
through its resolution A/RES/70/193,
in which it “encourages all States, the
United Nations system and all other
actors to take advantage of the Support us for the
International Year to promote actions
at all levels, including through creation of a just and
international cooperation, and to equitable society
support sustainable tourism as a
means of promoting and accelerating

The timing of World Tourism Day is

particularly appropriate in that it
comes at the end of the high season
in the northern hemisphere and the
beginning of the season in the
southern hemisphere.

Declaration of 2017 as International

Year of Sustainable Tourism for
Development
On 22 December 2015, during its

Vol. XV No. 9 September 2018 14

 National Human Rights Update
Supreme Court Strikes Down
Sodomy Law in India
The decision on September 6, 2018
strikes down language in Section 377
of India’s penal code, a relic of British
colonial rule that punishes “carnal
intercourse against the order of
nature” with 10 years to life in prison.
“The Supreme Court decision means
that at long last same-sex relations
are no longer a criminal offense in
India,” said Meenakshi Ganguly,
South Asia director at Human Rights
Watch. “The court has affirmed that
no one should be discriminated
against for whom they love or what
they do in the privacy of their
bedroom.”
The judges unanimously ruled that
consensual same-sex relationships are
no longer a crime, deeming Section
377 “irrational, arbitrary and
incomprehensible.”
The court’s ruling affirmed that
lesbian, gay, bisexual and transgender
(LGBT) people in India are entitled
to the full protection of both India’s
constitution and international human
rights law, and that laws that treat
people as second-class citizens based
on their real or perceived sexual
orientation have no place in modern
India.
The ruling follows a long struggle for
the decriminalization of same-sex
conduct in India. In 2001, the Naz
Foundation (India) Trust, an
organization working on HIV/AIDS
and sexual health, filed a case before
the Delhi High Court, contending that
Section 377 violated both the Indian
Vol. XV No. 9 September 2018
constitution and international human
rights law, and that it impeded the
organization’s public health outreach.
In 2009 the court issued a ruling in
support of the petitioners.
But the Supreme Court overturned
that decision in 2013, ruling that
amending the law was the
responsibility of the legislature. The
reversal had devastating
consequences for LGBT Indians who
had come out as a result of the 2009
ruling. While it led to only a few
documented arrests, LGBT people in
India continued to suffer widespread
discrimination, sanctioned by a
discriminatory law. They remained
vulnerable to violence and extortion,
including by the police.
Activists in India filed new petitions
asking the Supreme Court to review
its ruling. In 2016, the court, after
initially refusing to hear the review
petitions, admitted the curative
petitions reviving the legal battle for
the repeal of the law. The petitions
were referred to a five-judge
Constitution Bench for detailed
hearing. In January 2018, after
issuing important rights-affirming
rulings on privacy and on transgender
equality, the court announced that it
would revisit the case. In July, a five-
judge bench began hearings that
included new petitions filed by LGBT
people.
The ruling also has significance
internationally, Human Rights Watch
15
said. Section 377 of India’s Penal
Code, first implemented in 1860,
served as a template for similar laws
throughout much of the former
British empire. Colonial governors
elsewhere in Asia and Africa used the
language of Section 377 in dozens of
statutes criminalizing so-called
“unnatural offenses” – generally
understood to mean anal sex, or
sodomy – while in the Caribbean, the
British used different language,
imposing laws against “buggery.”
Over 70 countries, including many
in the Commonwealth, still
criminalize consensual same-sex
relations. Kenya and Botswana, both
of which inherited versions of the
Indian penal code during the colonial
period, currently have cases pending
before their courts that would also
strike down laws outlawing
consensual same-sex conduct. Other
countries in which courts have struck
down sodomy laws in recent years
include Trinidad and Tobago (2018),
and Belize (2015).
The decriminalization of same-sex
conduct will not immediately result
in full equality for LGBT people in
India, Human Rights Watch said.
Transgender people in particular,
including hijra communities, face
discrimination in employment,
housing, and health care. A draft law
on transgender persons, introduced
in 2016, does not go far enough in
protecting trans people’s rights to
legal recognition according to their
gender identity.
“Striking down Section 377 is a
momentous step that will resonate
around the world in communities that
are fighting for equality,” Ganguly
said. “But like other countries, India
has significant work to do to ensure
that the rights of people who have
been long marginalized on the basis
of their sexual orientation or gender
identity are fully protected.”
Same-Sex Relations No Longer a
Crime in India
As a young reporter back in 1991,
when I interviewed a senior
government official on India’s
response to the HIV crisis, I recall
him ranting about men who have sex
with men for their “perverted” and
“criminal” behavior, blaming it all on
Western culture. When I defended
my friends, he even warned me to
stay away from “those people.”
How times have changed.
Yesterday, India’s Supreme Court
ruled unanimously to strike down
India’s law criminalizing same-sex
relations. Justice Indu Malhotra
pointedly stated that “an apology [is
owed] to members of the LGBT
community… for the ostracization
and persecution they faced because
of society's ignorance.”
It is to the credit of numerous
activists, lawyers, and lesbian, gay,
bisexual, and transgender (LGBT)
people that India has managed to
overcome this ignorance in the space
of a few decades.
When the Naz Foundation first filed
a public interest petition in the Delhi
High Court in 2001, saying its work
on preventing HIV was impaired by
section 377 – the penal code provision
that effectively made same-sex
conduct a criminal offense subject to
punishment from 10 years to life. The
Indian government objected,
describing homosexuality as
Vol. XV No. 9 September 2018
“delinquent” and “abhorrent”
behavior. Yet by 2009, when the Delhi
High Court for the first time
decriminalized same-sex relationships
between consenting adults, the
government took a different view
and did not appeal the verdict.
But in 2013, the Supreme Court
overturned the Delhi High Court
judgment, which had been appealed
by religious groups and others.
However, in 2016 it agreed to review
the decision and accepted fresh
petitions, including from members of
the LGBT community, and the final
legal battle began. The Indian
government did not challenge the
petitions, relying, it said, on “the
wisdom of the court.”
A five-judge bench of the Supreme
Court has wisely ruled that the law
violated the right to equality enshrined
in the constitution and was being used
as a “weapon of discrimination.”
There is still a long battle ahead to
exorcise that discrimination and
prejudice, but now is the time to
celebrate India. Standing in front of
the court, Arif Jafar, one of the
petitioners who spent 47 days in jail
in 2001 after being charged under
section 377, where he was beaten
and humiliated, repeated Justice
Malhotra’s words. “Those words
really mean a lot to us,” he said.
“Today’s ruling has made my 30-year
journey worth it.”
The Indian Activist Jailed for
Being Gay
“It was very traumatic,” recalls Arif
Jafar, 47, outside the Supreme Court,
where Thursday’s landmark ruling
was delivered.
A short, bespectacled man, he wears
a shiny pink button on his shirt
supporting the cause dearest to his
heart.
16
“Being denied drinking water ... being
beaten up every day just because of
my sexual orientation was a really
horrible experience. It took me almost
17 years to even talk about it,” he
said.
Jafar is one of a clutch of petitioners
who approached the top court, asking
them to reconsider a 2013 ruling
which upheld the colonial-era law,
under which homosexuality was a
crime.
The law, a relic of British colonial rule,
was rarely enforced. But it had long
been used to discriminate against
LGBT people and as a means for the
police and others to harass, extort and
blackmail them, members of the
community say.
But for Jafar, who identifies as gay
and is an LGBT activist based in
Lucknow, the law went far beyond
being a mere tool for persecution.
Along with four of his colleagues at
the Bharosa Trust, a community-
based organisation providing
information, counselling, outreach,
and peer support for homosexual and
transgender people, Jafar was
arrested under section 377 on 8 July
2001.
Before they were formally arrested,
officers beat the men up in public.
‘A Homosexual Conspiracy’
Police also raided their offices and
seized literature on gender, sexuality,
and safe sex, and stacks of condoms,
as well as a few sex toys used for
demonstration purposes. All these
were exhibited as evidence of their
“perversion.”
“By evening, the [Indian television
news channels] were splashing
bulletins of a ‘gay sex racket’ and
discussing theories of how I had
taken funding from Pakistan to make
all Indian men homosexual,” Jafar
wrote in February 2018 when he
finally broke his long silence about
his 47 days in jail.
Police told the court that Jafar and
his colleagues were part of a
conspiracy to promote
homosexuality. The men’s repeated
pleas for bail were rejected. Jafar
alleges that he and his colleagues
were singled out for torture and
humiliation by some police officers
because of their revulsion for
homosexuality.
In April 2017, two months after he
finally spoke out about his ordeal,
Jafar filed his petition before the
Supreme Court.
The latest hearings followed a long
struggle for the decriminalisation of
same-sex relationships in India.
In 2013, the Supreme Court had set
aside a 2009 Delhi High Court
decision that section 377 would no
longer apply to consensual sexual
activity among adults. In reversing
that decision, the Supreme Court had
noted that there was insufficient
evidence to prove that sexual
minorities were being subjected to
discriminatory treatment from the
state or society.
“So I wanted to bring out my story
of how I and my colleagues were
affected by the law and how we are
still affected 17 years later,” he said.
The case against Jafar and his
colleagues has still not been resolved.
But with Thursday’s ruling, Jafar says
he has finally found some solace.
Justice Indu Malhotra, one of the five
judges who delivered the unanimous
Vol. XV No. 9 September 2018
ruling, wrote: “History owes an
apology to the members of this
community and their families, for the
delay in providing redressal for the
ignominy and ostracism that they
have suffered through the centuries.
The members of this community
were compelled to live a life full of
fear of reprisal and persecution.”
Jafar was emotional as he recited
those words to me outside the
Supreme Court.
“Those words really mean a lot to
us. All this journey of 30 years was
worth it. Today’s judgment has made
it worth it.”
5 More Rights Activists Detained
in India
Indian authorities detained five
activists and raided the homes of
several others on August 28, 2018,
for allegedly inciting caste-based
violence in January, Human Rights
Watch and Amnesty International
India said today. The government
should cease politically motivated
arrests and harassment of human
rights activists and other actions
aimed at chilling peaceful dissent.
Maharashtra police arrested Sudha
Bharadwaj, Gautam Navlakha,
Vernon Gonsalves, Arun Ferreira,
and Varavara Rao under India’s
principal counterterrorism law, the
Unlawful Activities (Prevention) Act
(UAPA), and sections of the Indian
Penal Code. At the same time, police
conducted raids across the country,
including at the homes of Dalit
scholars K. Satyanarayana and Anand
Teltumbde, civil rights activist Stan
Swamy, and journalists Kranthi
Tekula and K.V. Kurmanath.
“The latest arrests of human rights
activists show the government’s
widening assault on free speech to
17
create an atmosphere of fear across
India,” said Meenakshi Ganguly,
South Asia director at Human Rights
Watch. “Officials are again targeting
human rights defenders and those
working with poor and marginalized
communities just for doing their
jobs.”
On August 29, activists and
academics filed a petition before the
Supreme Court seeking the release of
those detained and an independent
investigation into the arrests. Stating
that “dissent is the safety valve of
democracy,” the Supreme Court
ordered that the activists be placed
under house arrest and not in police
custody until the next hearing on
September 6. The court also issued
a notice to the Maharashtra
government seeking a reply before
then.
Police allege that the activists incited
Dalits, formerly “untouchables,” at a
large public rally on December 31,
2017, leading to violent clashes the
next day in which one person died
and several were injured. Hundreds
of Dalits had gathered in Bhima
Koregaon in Maharashtra state on
January 1 to commemorate a 200-
year-old battle in which Dalit soldiers
of the British army defeated the ruling
Peshwas. Hindu nationalist groups
and alleged supporters of the ruling
Bharatiya Janata Party (BJP), some
carrying saffron flags, objected to the
celebration, calling it anti-national for
celebrating a colonial victory. The
organizers of the Dalit rally said they
wanted to campaign against the
pervasive ideology in India that leads
to attacks on Dalits and Muslims.
The activists have long worked to
defend the rights of some of India’s
poorest and most marginalized
communities, including Dalits and
Adivasis – India’s indigenous peoples.
As poets, journalists, and advocates,
they have been vocal in their criticism
of government policies and therefore,
have often been targets for the
authorities.
Sudha Bharadwaj, 57, is a trade
unionist, human rights lawyer, and
general secretary of People’s Union
for Civil Liberties in Chhattisgarh
state. She has long worked for labor
rights, marginalized communities
affected by land acquisitions, and
spoken out against security forces
abuses in Chhattisgarh.
Arun Ferreira, 48, is a Mumbai-based
activist, cartoonist, and lawyer who
was arrested in 2007 for murder,
criminal conspiracy, rioting,
possessing arms, and under
provisions of the UAPA. By 2011, he
was acquitted in several cases, and
was released on bail. But he was
rearrested at the prison gates, framed
in new cases. He was finally acquitted
of all charges in 2014 and wrote a
memoir detailing his years in prison,
alleged torture, and the authorities’
use of terrorism-related offenses to
target civil rights activists.
Vernon Gonsalves, 60, a Mumbai-
based activist, has worked for the
rights of laborers. In 2013, he was
convicted under the Arms Act and the
UAPA. By then, he had already
undergone incarceration for the
period he was sentenced, so he was
released.
Gautam Navlakha, 65, a Delhi-based
journalist was the secretary of the
People’s Union for Democratic Rights
and is an editorial consultant for the
journal Economic and Political
Weekly. He has written about human
rights violations in Jammu and
Kashmir state, and along with
Bharadwaj, Ferreira, and Gonsalves,
is a vocal critic of the UAPA.
Vol. XV No. 9 September 2018
Varavara Rao, 78, a poet and civil
rights activist based in Telangana
state, founded the Revolutionary
Writers’ Association. He has been
arrested several times in the past,
including for conspiring to overthrow
the Andhra Pradesh state government
but was acquitted of all charges.
The National Human Rights
Commission has issued notices to
Maharashtra state’s chief secretary
and director general of police, saying
that it appears police did not follow
the standard operating procedure in
these arrests, “which may amount to
violation of their human rights.” It has
called for a report from them within
four weeks.
Maharashtra police earlier arrested
several other activists in relation to
this case on what appear to be
politically motivated charges, said
Human Rights Watch and Amnesty
International India.
On June 6, Maharashtra police
arrested Surendra Gadling, Rona
Wilson, Sudhir Dhawale, Shoma Sen,
and Mahesh Raut under the UAPA and
several sections of the Indian Penal
Code. The authorities named nine
other people in the case; several of
them are members of Kabir Kala
Manch, a Pune-based cultural group
of singers, poets, and artists.
“The police in India have repeatedly
used counterterrorism laws against
government critics and social
activists, and often, they have
targeted the same people by filing
multiple cases against them,” said
Aakar Patel, executive director of
Amnesty International India. “The
authorities continue to ignore
Supreme Court directives to not
conflate sympathy for concerns
expressed by the Maoists, with
criminal complicity in violence.”
18
Several Dalit and Adivasi activists in
Maharashtra, including Dhawale and
members of Kabir Kala Manch, have
been previously arrested on similar
accusations. In January 2013, the
High Court in Mumbai ruled that
membership in an illegal organization
should be interpreted in light of
fundamental freedoms such as rights
to free speech and expression, and
that “passive membership” was
insufficient for prosecution.
Indian courts have ruled that merely
possessing literature that espouses a
particular philosophy does not
constitute an offense. The Supreme
Court has also ruled that “mere
membership of a banned organization
will not make a person a criminal
unless he resorts to violence or
incites people to violence or creates
public disorder by violence or
incitement to violence.”
Human Rights Watch and Amnesty
International India have repeatedly
urged the Indian government to
ensure that any restrictions on
organizations do not violate the rights
to freedom of expression,
association, and peaceful assembly
and urged the repeal of the UAPA.
“The Indian government has long
pointed to India’s vocal and diverse
civil society as a test of its
democracy,” Patel said. “For this to
be true, the government should
protect freedom of expression and
assembly and activists should be able
to speak without fear.”
Contribute Articles and
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rights updates.
News From the National Human Rights Commission
NHRC notices to the
Government of Bihar over
reported allegations of a girl
assaulted, tonsured and paraded
naked in Araria and attempt to
suicide by a girl at a Begusarai
shelter home
The National Human Rights
Commission, NHRC has taken suo
motu cognizance of media report that
a minor girl was assaulted, tonsured
and paraded naked after having been
dragged out from her house by six
persons in Araria district of Bihar on
the 31st August, 2018. Reportedly, her
tormentors also tried to mutilate her
private parts. The news report carried
another story in the box stating that
after Muzaffarpur and Patna, a shelter
home in Begusarai district of Bihar has
come under the scanner when one of
its residents tried to commit suicide
by consuming glass pieces on the 2nd
September, 2018.
The Commission has issued notices
to the Chief Secretary and the
Director General of Police, Bihar
calling for a detailed/factual report on
both the incidents mentioned in the
news report. The Commission would
also like to know as to what is the
action plan with the State Government
to deal with such shameful incidents.
The response is expected within four
weeks.
While issuing the notices, the
Commission noted that recently it had
taken suo motu cognizance of another
incident in which a woman was
paraded naked in Bihiya village of the
Bhojpur district of the State. A report
in the matter is awaited from the Chief
Vol. XV No. 9 September 2018
Secretary and the Director General of
Police.
It has also observed that the repeated
occurrence of such incidents in the
state indicate that there is an immediate
need for the law enforcing agencies
to be more active, vigilant and attentive
with a zeal to stop such disgraceful
incidents tarnishing the image of the
state and the country. The Additional
General of Police, Head Quarters, Bihar
has been reported claiming that there
is a decline in the violent incidents
against women but the news reports
are telling a different story raising
serious issues of violation of human
rights of the innocent victims,
especially minor girls and the women.
NHRC starts its Silver Jubilee
celebrations with a media
dialogue in New Delhi
The National Human Rights
Commission, NHRC, India launched
its silver jubilee celebrations in
collaboration with Indian Institute of
Mass Communication, IIMC, New
Delhi with a composite programme
highlighting its association with media
for the promotion and protection of
human rights.
Inaugurating the programme, as a
Chief Guest, Mr. Justice
Chandramauli Kumar Prasad,
Chairman, Press Council of India said
that media has mostly helped
propagate an informed opinion about
human rights. With the massive
power and infrastructure to reach
19
people within seconds with the
changing time and technologies, the
responsibilities and duties of media
towards the society have also
augmented.
Justice Chandramauli said that in
order to perform its role in creating
mass awareness on human rights,
media personnel themselves also need
to be fully conversant with the
various aspects of human rights
issues so as to enable people to
recognize violation of human rights
when they come across any such
incident in daily life.
The Press Council of India Chairman
also said that the violation of the
human rights of members of mass
media is also a very significant aspect,
which goes unnoticed. The
provisions of the working journalists
Act is followed more in breach than
obedience. This needs to be looked
into.
The NHRC, Chairperson, Mr. Justice
H.L. Dattu said that the Commission
recognizes and cherishes the media
as its valuable ally in addressing the
issue of human rights violations in the
country. He also said that the
Commission, through its dedicated
Media & Communication wing, in
addition to its engagement with the
news media, is also trying to use
varied media platforms encouraging
people's participation in spreading
human rights literacy. These include,
among other things, organizing
human rights films festival besides
the launch of human rights street
theatre festival this year to reach out
the mind and hearts of citizens of the
country.
Earlier, Mr. K.G. Suresh, Director
General, IIMC, New Delhi said that
there is a need to develop a human
rights curriculum in the studies of
journalism. Mr. Ambuj Sharma,
Secretary General, NHRC highlighted
how the media reports have been
useful for the Commission to take
suo-motu cognizance of the human
rights violations in the far flung areas
of the country.
On the occasion, the three winners
of the NHRC's fourth Short Films on
Human Rights Competition - Dr. Dev
Kanya Thakur, Mr. Biplab Majumder
and Mr. Jayajose Raj C.L. were given
the first, second and third prize of
Rs. 1 lakh, 75 thousand and 50
thousand respectively along with
certificates and trophies for their
films - 'Behind the Bars', 'Third
Gender' and 'It's Possible'. The
NHRC documentary made by the
Films Division was also released on
the occasion by the Chief Guest.
The programme concluded with a
panel discussion on 'The Role of
Media in creating awareness on the
human rights'. The participants
included Mr. Prabhu Chawla,
Editorial Director, New Indian
Express, Ms. Arati Radhika Jerath,
Sr. Journalist and Columnist, Mr.
K.V. Prasad, Sr. Associate Editor,
The Tribune, Delhi and Mr. Nikunj
Garg, Sr. Editor, Times Now and
Mr. Ambuj Sharma, Secretary
General, NHRC, who also moderator
the discussion.
The participants included the faculty
and students of IIMC and other
media institutions, representatives
from the media organizations and
civil society, besides the senior
officers of the Commission.
Vol. XV No. 9 September 2018
NHRC begins its Silver Jubilee
celebrations with a media
dialogue at IIMC, New Delhi
The National Human Rights
Commission, NHRC, India starts its
series of Silver Jubilee Celebrations
tomorrow on the 5th September,
2018 with a composite programme
focusing on its engagement with
various media platforms. For this, it
has collaborated with the Indian
Institute of Mass Communication,
IIMC, New Delhi.
The programmes includes a panel
discussion with senior journalists on
the 'Role of Media in Creating
Awareness on Human Rights';Release
of NHRC Documentary
Film;Screening of NHRC award
winning Short Films -2018;
andPresentation of Human Rights
Short Film awards.
Mr. Justice Chandramauli Kumar
Prasad, Chairman, Press Council of
India will be the Chief Guest of the
function to be attended by the NHRC
Chairperson, Members, Secretary
General and senior officers, DG,
IIMC, Faculty and students of IIMC
and other media institutions,
representatives of civil society, media
etc.
The NHRC, India is an institution
compliant with UN mandated Paris
Principles and having an 'A' status
of accreditation with Global Alliance
of National Human Rights
Institutions, GANHRI besides being
a founder member of the Asia Pacific
Forum, APF. The mandate of the
Commission is to work for the
promotion and protection of human
rights and take cognizance of such
complaints wherein the actions,
inactions and omissions of
government functionaries, prima
facie or allegedly, cause human rights
violation. It is a recommendatory
20
quasi-judicial body having powers of
a civil court to call for any
documents and summon any public
authority in a case of human rights
violation. In a case of human rights
violation, its recommendations are
twofold: relief to the victim and
punishment to the guilty.
The Commission's functioning is
focused mainly around the six key
areas and allied activities. These
include registration and disposal of
complaints of human rights
violations, enquiry into the
complaints, research into the generic
issues of human rights and study of
related international treaties,
covenants and domestic laws as well
as the proposed bills, organizing
consultations with different
stakeholders on human rights issues,
providing training and orientation in
the field of human rights, bringing
out publications and dissemination
of information through the news
media and the various other
alternative media platforms for
building widespread awareness on
the importance of promotion and
protection of human rights, besides
meeting the requirements related to
the management of infrastructure,
manpower and financial resources.
Disposal of more than 17 lakh cases,
payment of more than one billion
rupees to the victims of human rights
violations by various state agencies
on the recommendations of the
Commission, more than 750 spot
enquiries, 20 open hearings and 25
camp sittings covering the length and
breadth of the country, reviews and
comments on over 40 bills and
legislations, conduct of more than 200
seminars, conferences and
workshops, 27 month-long
internships, 1300 attachment
programmes, more than thousand
sponsored awareness trainings
through various institutions and
NGOs, more than 50 publications
besides about 25 volumes of nearly
300 monthly Newsletters in English
and Hindi, hundreds of media reports
etc bear a testimony to the NHRC,
India's multi-dimensional work for
the cause of human rights during its
first 25 years.
The NHRC, India considers media
as its equal partner in its endeavour
towards the promotion and
protection of human rights. No
wonder, the first few cases
registered by the Commission were
based on its 'suo motu' cognizance
of media reports about human
rights violations. In fact, many
incidents of human rights
violations, that happened in far flung
areas of the country, could come
to the notice of the Commission
only because of media reports. In
recognition of this fact, the
Commission thought it apt to
commence its silver jubilee
celebrations with a dialogue with
media as well as showcasing some
samples of its engagement with
some alternative media platforms of
mass appeal and communication.
It's not a co-incidence that the
Commission proposed to collaborate
with the prestigious Indian Institute
of Mass Communication, New Delhi
for this composite event, which is
intended at highlighting how, in
addition to reaching out to the news
media, the Commission has been
exploring multimedia platforms to
expand its outreach for the cause of
human rights. The essence of its
engagement with the multimedia
platforms, which include the Short
film on human rights award scheme,
Street theatre competition, award and
festival scheme, Painting, Tagline/
Slogan writing and Logo designing
competitions, commissioning of
Vol. XV No. 9 September 2018
theme specific short films etc is to
involve people and seek their
meaningful participation as a catalyst
to think of human rights and promote
them.
In the near future, the NHRC, India
also intends to engage with various
innovative medium of mass
communication, including the vast
network of community radio stations
in the country to provide them
content and information, for their
respective target audience groups
about the human rights and how to
promote and protect them and
approach the grievance redressal
mechanism.
The Commission believes that its role
is not limited merely to the
registration and disposal of
complaints of human rights
violations; it is also for creating an
enabling atmosphere as a preventive
mechanism to check incidents of
human rights violations. An action
to prevent an act of crime is better
and valuable than an action after an
act of crime. Recommendation of
relief to a victim of human rights
violation and punishment to the guilty
public servant has some deterrent
effect but a more sustainable idea
would be to educate and inform
people about the importance of
human rights and values to check
violations thereof.
This, in real sense, can be achieved
by building mass awareness among
people, using effectively various
multi-media platforms, in a mission
mode, with the cooperation from all
the stakeholders including the Centre
and State Governments, civil society
and media. The 25 years' experience
of the NHRC, India provides a
bulwark to guide it on this path as a
way forward into its golden jubilee,
twenty five years thence.
21
NHRC notices to the Union HRD
Ministry, Government of Uttar
Pradesh and the Principal,
Motilal Nehru Medical College,
Allahabad over inhuman
treatment in the name of
ragging of more than 100
students
The National Human Rights
Commission, NHRC has taken suo
motu cognizance of media reports
that around 100 students, including
boys and girls, have been subjected
to inhuman treatment in the name of
ragging at Moti Lal Nehru Medical
College in Allahabad district of Uttar
Pradesh.
As per the news report, carried today
on the 30th August, 2018, about 150
students have been admitted in the
1st year of MBBS course out of
which, 40 are female students. Some
of the students have reportedly raised
their objection and they were beaten
up. The students have told the
newspaper on the condition of
anonymity that they are being
subjected to torture and are being
threatened that their career will be
spoiled in case any complaint is made
by them with the authorities.
The Commission has issued notices
to the Chief Secretary, Government
of Uttar Pradesh and the Principal,
Motilal Nehru Medical College,
Allahabad calling for a detailed report
in the matter within four weeks,
including the steps taken against the
guilty students and officers and
measures taken for safety of the
students creation of a healthy
environment for the students within
the college.
The Commission has also directed the
Secretary, Union Ministry of Human
Resource Development to submit
status report regarding effective
implementation of the
recommendations of the Raghavan
Committee, affirmed by the Supreme
Court of India, in educational
institutions across the country. He
has been given four weeks for the
response.
While issuing the notices the
Commission has observed that the
ragging has been banned in the
academic institutions, schools and
colleges. The University Grants
Commission has issued guidelines on
the subject to be followed by all
educational institutions. The Medical
Council of India has issued Medical
Council of India (Prevention and
Prohibition of Ragging in Medical
Colleges/ Institutions) Regulations,
2009 to root out ragging in all forms
from medical colleges/ institutions in
the country by prohibiting it by law.
The Apex Court has also directed that
number of recommendations made
by the Raghavan Committee be
implemented by taking confidence
building measures and formation of
Anti-Ragging Committees in the
institutions. The Commission while
considering a complaint received
from Prof. Raj Kachroo, Aman
movement for Eradication of Ragging
has expressed its firm view against
ragging and has directed the
universities across the country to
strictly follow the guidelines issued
by the Apex Court as well as the
University Grants Commission on the
subject.
In spite of all these efforts, in such a
large number, 1st year students of a
prestigious medical college in
Allahabad have been allegedly
subjected to such inhuman treatment
in the name of ragging. This amounts
to violation of human rights of the
Vol. XV No. 9 September 2018
innocent students. Their Right to
Dignity appears to have been grossly
violated due to negligence by the
college administration.
According to the media report, the
junior students have been forced to
bow down and Salaam (salute)
everyone including Class-IV
employees of the college. It is also
mentioned that heads of 100 students
have been tonsured in the name of
ragging. The students are under
severe fear and nervousness but the
college administration is silent. Even
the girl students have not been spared
as they have been directed to apply
oil on their hair and make a Juda
(puff). They are not allowed to keep
their hair untied.
Reportedly, in spite of all this, no
student could dare to come forward
to lodge a complaint with the Anti
Ragging Cell of the college. As per
report, neither the college
administration has provided any
facility of counseling to the students
nor it has provided a safe environment
to the fresh students.
NHRC notice to the Government
of Maharashtra over reported
arrest of five activists in
connection with Bhima Koregaon
violence
The National Human Rights
Commission, NHRC has taken suo
motu cognizance of media reports
about the arrest of five activists by
the police from different cities
yesterday on the 28th August, 2018
in connection with the investigations
in the Bhima Koregaon violence,
which occurred in Pune, Maharashtra
in the beginning of this year.
Reportedly, those arrested include
lawyer-activist Sudha Bharadwaj,
civil liberties activists, Gautam
Navlakha, Vernon Gonsalves, Arun
Ferreira and Varavara Rao.
22
On the basis of the media reports,
the Commission has observed that it
appears, the standard operating
procedure in connection with these
arrests has not been properly
followed by the police authorities,
which may amount to violation of
their human rights. Accordingly, it
has issued notices to the Chief
Secretary and Director General of
Police, Maharashtra calling for a
factual report in the matter within
four weeks.
According to the media reports,
carried today on the 29th August,
2018, the Delhi High Court has stayed
the transit remand for civil liberties
activist Gautam Navlakha, observing
that police have not been able to
satisfactorily explain the offence, he
had been arrested for. The decision
on a transit remand for lawyer-
activist Sudha Bharadwaj is also
pending before the Chief Judicial
Magistrate of Faridabad. The activist
has told the court that she had nothing
to do with the incident for which she
has been arrested. According to her,
the FIR did not even name her and
she is being harassed and arrested
only because of her ideology.
In the case of activist Gautam
Navlakha, reportedly, the court has
questioned how Pune police managed
to get a transit remand from a Delhi
court without any local witness. The
court has also directed translation of
the police documents into English
which are in vernacular language.
The Commission has also observed
that earlier it had received a complaint
from an NGO from Geneva regarding
illegal arrest of five human rights
defenders namely Surendra Gadling,
Rona Wilson, Sudhir Dhawale,
Shoma Sen and Mahesh Raut by
Maharashtra police in the month of
June, 2018. In that matter also, the
Commission had issued a notice on
the 29th June, 2018 to the DGP,
Maharashtra calling for a report in the
matter within four weeks, which is
yet to be received.
NHRC's two day's National
Conference on Child Marriage:
Several inconsistencies in law
pointed out as a hindrance to
curb the menace
The National Human Rights
Commission, NHRC, India began its
two day's 'National Conference on
Child Marriage' in collaboration with
the South Asia Initiative to End
Violence against Children (SAIEVAC)
at India Habitat Centre, New Delhi
today on the 29th August, 2018. Mrs.
Jyotika Kalra, Member, NHRC,
delivering the presidential address,
said that the inconsistencies in
different legal provisions, having a
bearing on children and their
marriage, need to be identified and
synergized to end child marriage in
India.
She said that a law needs to be put in
place to make the age of marriage for
both the boys and girls uniform in
tune with the expressions to this effect
at highest levels, including from the
Supreme Court as well as the Law
Commission of India. It should not
be 21 years for the boys and 18 years
for the marriage of girls as there is
no scientific data to support this
difference in their ages.
The NHRC Member also said that the
registration of marriages should be
made compulsory. The Supreme
Court as well as the Law Commission
has already pointed out this, but it is
not clear whether all the states have
put in place the necessary rules to
this effect. She pointed out that in
India, the child marriage also has to
do with the socio-economic factors
and the lack of literacy, particularly,
Vol. XV No. 9 September 2018
among the lower strata of society,
wherein some celebrate the birth of
a heifer more than that of a bull calf
unlike the birth of a female and a male
child.
Therefore, besides building
awareness on the ills of child
marriage, the priority should be given
to bring uniformity in the legal
provisions to end this menace by
amending the inherent contradictions
and inconsistencies in the provisions
of various Acts including the
Prohibition on Child Marriage Act,
Hindu Marriage Act, The Hindu
Minority and Guardianship Act, The
Indian Penal Code provisions to end
the inconsistencies and also build
awareness.
For instance, Mrs Kalra said that as
per Indian Penal Code, 12 year old
child bride can suffer "assault" on her
by her 29 year old husband, in order
to establish his marital rights. If wife
is below 15, then the husband can be
charged for the offence of rape.
However, here also the law makes a
distinction between a wife below 12
and a wife over 12. Under Section
376 when the wife is below 12, the
penalty is imprisonment which shall
not be less than seven years but
which may be for life or for a term
which may extend to 10 years and
fine. If, however, the wife is above
12 but below 15, the punishment is
milder i.e imprisonment of either
description for a term which may
extend to two years or fine or both.
Earlier, Mr. Ambuj Sharma, the
Secretary- General, NHRC,
addressing the gathering, said that it
is a matter of shame that the rate of
child marriage still remains very high
though the national average of child
marriage for females is down from
47.4% to 26.8% and for males from
32.3% to 20.3% respectively.
23
SAIEVAC Director General, Dr.
Rinchen Chophel, CSO Coalition
representative, Ms. Razia Ismail also
addressed the inaugural session of the
Conference, sharing their concerns
on the issue which require to be
addressed through legal and policy
frameworks.
The main objective of the Conference
is to revisit the issue of child marriage
from a human rights perspective at
the national level by consulting
experts from the government and
non-government organizations, civil
society organizations and other
forums so as to make a call for a
national action plan on ending child
marriage and set a time target to
achieve this.
The Conference, besides the
inaugural session, is divided into five
thematic sessions, which will
examine/review existing legal and
policy frameworks and their
application, identify gaps and distil
out strategic interventions to end child
marriage. The development of this
initiative, thus, is a uniquely
participatory process in India and is
further supported by the CSO
Coalition to End Child Marriage.
Several stakeholders including senior
officials from the Ministry of Women
and Child Development, National
Commission for Protection of Child
Rights and State Commissions for
Protection of Child Rights,
representatives of various state
governments, subject experts in law,
development and culture and civil
society organizations are participating
in the discussions.
Support us for the creation of
a just and equitable society
 International Human Rights Update
Will the centre-right stand up
for EU values?
As the EU struggles to rein in some
member states that are backsliding on
democratic standards, a critical vote
in the European Parliament next week
could be a decisive moment.
The threat is real. Radical populist
leaders promoting policies to
dismantle human rights safeguards
have recently joined governing
coalitions in Austria and Italy. The
Freedom Party and Lega Nord are
using their positions to promote
policies based on hate and
intolerance. But in both countries, at
least for now, complex governing
coalitions make it hard for them to
undo democratic institutions.
In Hungary and Poland, however,
radical populist parties are in power
alone. Fidesz and the Law and Justice
Party (PiS) have seized the
opportunity to undermine the rule of
law and other democratic checks on
their power.
In Poland, Jaroslaw Kaczynski's PiS
is in the process of speeding up its
purge of the country's judiciary, the
last barrier against abuse by those in
power, in defiance of ongoing
proceedings in Brussels and
Luxembourg and the outrage of many
their own citizens. People's rights to
peacefully speak out and protest have
been increasingly restricted.
In Hungary, prime minister Viktor
Orban's ruling party has been
pressing "reforms" to strip people of
rights and freedoms that enable them
Vol. XV No. 9 September 2018
to band together and make their
voices heard. For example, over the
past two years the government has
targeted the country's vibrant civil
society and academic community,
introducing a version of Russia's
infamous "foreign agents" law to
stigmatise human rights groups that
receive funding from abroad and
criminalising legitimate migration-
related activities. The government has
also limited the ability of the country's
constitutional court to hold the
government to account.
Officials in Poland and Hungary
justify these measures by citing their
parties' electoral victories, but winning
an election does not give any
government a blank cheque to
undermine human rights protections.
EU response
European governments and
institutions have begun to stand up
to these disturbing trends in Poland.
The European Commission triggered
the EU treaty's Article 7 mechanism,
which is designed to safeguard the
EU's founding values. It is now up
to EU governments to ensure that the
assault on Poland's court system
leads to serious consequences.
However, the European response to
Hungary's unabashed
authoritarianism has been woefully
weak. For years, EU governments
and institutions have accommodated,
coaxed and warned the government
of Hungary, all to no avail. Now,
24
Orban is trying to spread his "illiberal
democracy" beyond his borders.
A big test of the EU's commitment to
human rights and the rule of law in
Hungary will happen on 12
September.
Unlike with Poland, the European
Commission has not triggered Article
7 for Hungary, so responsibility falls
to members of the European
Parliament. A two-thirds majority is
required for action. Sadly, many
Christian Democratic parties are
sitting on the fence, more concerned
with preserving their dominant
political position in the parliament than
defending the EU's core democratic
values. Their political grouping,
known as the European People's
Party (EPP), is the largest in the
parliament.
EPP tested
With new parliamentary elections due
next year, EPP members may worry
that they need Hungary's Fidesz votes
to maintain their majority. But it
would be profoundly wrong for EPP
parliamentarians to prioritise their
grasp on power over their duty to
uphold the EU's rights-based order.
Several centre right parliament
members, including Austrian and
Dutch Christian Democrats and
Ireland's Fine Gael, have supported
triggering Article 7 for Hungary.
Unfortunately, many others remain
worryingly ambiguous, including
members of Europe's largest centre-
right parties within the EPP:
Germany's 29-member Christian
Democratic Union delegation,
France's 20 Republicains, and Spain's
17 Partido Popular members.
It is time for Christian Democratic
leaders to show where they stand.
At stake is not only democracy in
Hungary, but also the founding
principles of the Europe Union.
This leads to dreaded anticipation that
the Trump Administration soon will
announce deeper cuts in refugee
admissions for fiscal 2019, starting
October 1.
The steep drop in refugee admissions
from the 85,000 admitted in 2016,
the last year of the Obama
Administration, shows that the US
has abdicated its leadership role in
supporting the countries by hosting
the largest proportion of the world’s
25.4 million refugees. Whether you
look at US refugee admissions based
on a refugee’s country of origin, or
the host country where a refugee has
lived before being accepted for
resettlement to the United States, the
numbers are abysmal.
So far this year, the US has admitted
only 60 Syrians, 130 Iraqis, and 250
Somalis. Turkey hosts the world’s
largest number of refugees, 3.9
million. Yet, in the first 11 months of
this fiscal year, the US has admitted
only 168 refugees from Turkey.
Lebanon is hosting the largest number
of refugees on a per capita basis, with
refugees now comprising about one-
quarter of its total population. Yet it
has found little relief from the United
States, which has resettled only 40
refugees from Lebanon this fiscal year.
Bangladesh, which opened its doors
to more than 700,000 refugees fleeing
ethnic cleansing in Myanmar last year,
is the country hosting the largest
number of new refugees. It got no
resettlement support from the US
Vol. XV No. 9 September 2018
whatsoever, as zero from there were
admitted..
Refugee resettlement is not just a life-
saver for the people who are rescued.
It is one of the tools used to support
frontline states, where refugees first
flee, that struggle to host large
numbers of refugees for economic,
social, or geopolitical reasons. If the
US sends the message that it is not
willing to help by taking even a
relative few, it signals to frontline
countries that they may as well close
their doors also. This, in fact, is
already happening in Jordan and
Turkey with respect to Syrian asylum
seekers. The consequences for the
world’s refugees—and the stability of
fragile frontline countries—could be
devastating.
The Trump Administration’s
Dismal Record on Refugees
Eleven months into the US
government’s 2018 fiscal year, the
number of refugees resettled to the
United States is a dismal 19,899. This
is less than half of the annual ceiling
of 45,000 – itself an all-time low.
This leads to dreaded anticipation that
the Trump Administration soon will
announce deeper cuts in refugee
admissions for fiscal 2019, starting
October 1.
The steep drop in refugee admissions
from the 85,000 admitted in 2016,
the last year of the Obama
Administration, shows that the US
has abdicated its leadership role in
supporting the countries by hosting
the largest proportion of the world’s
25.4 million refugees. Whether you
look at US refugee admissions based
on a refugee’s country of origin, or
the host country where a refugee has
lived before being accepted for
resettlement to the United States, the
numbers are abysmal.
25
So far this year, the US has admitted
only 60 Syrians, 130 Iraqis, and 250
Somalis. Turkey hosts the world’s
largest number of refugees, 3.9
million. Yet, in the first 11 months of
this fiscal year, the US has admitted
only 168 refugees from Turkey.
Lebanon is hosting the largest
number of refugees on a per capita
basis, with refugees now comprising
about one-quarter of its total
population. Yet it has found little relief
from the United States, which has
resettled only 40 refugees from
Lebanon this fiscal year. Bangladesh,
which opened its doors to more than
700,000 refugees fleeing ethnic
cleansing in Myanmar last year, is the
country hosting the largest number
of new refugees. It got no
resettlement support from the US
whatsoever, as zero from there were
admitted..
Refugee resettlement is not just a life-
saver for the people who are rescued.
It is one of the tools used to support
frontline states, where refugees first
flee, that struggle to host large
numbers of refugees for economic,
social, or geopolitical reasons. If the
US sends the message that it is not
willing to help by taking even a
relative few, it signals to frontline
countries that they may as well close
their doors also. This, in fact, is
already happening in Jordan and
Turkey with respect to Syrian asylum
seekers. The consequences for the
world’s refugees—and the stability of
fragile frontline countries—could be
devastating.
Kurdish-led Administration Jails
Rivals in Syria
An autonomous de facto government
in northeastern Syria is detaining
members of a rival political coalition
and violating their due process rights,
Human Rights Watch said today. The
Democratic Union Party-led
Autonomous Administration has
apparently detained members of the
Kurdish National Council arbitrarily,
and in some cases appears to have
forcibly disappeared them.
The detainees were denied access to
their families and lawyers. Some
were never brought before a judge,
and others were held for lengthy
periods before being brought to court.
Those interviewed said they believed
that the arrests were based on the
individuals’ political affiliation or
opinion.
The Democratic Union Party, known
as the PYD, took control of parts of
northeast Syria in late 2012, and later
established the Autonomous
Administration, which now exercises
de facto control over the region. Since
January 2018, the local police, known
as Asayish, and military, the People’s
Protection Units, have arrested at
least 20 members of opposing political
parties, according to local human
rights and media organizations. Ten
of the arrested remain detained or
their whereabouts are unknown,
while the others have been released.
In two cases, it was only confirmed
after their release that they had been
in Asayish custody. The Asayish had
denied holding them or knowing
where they were when family
members had been looking for them.
The relatives of one detainee said they
made at least five in-person attempts
to gain information about his
whereabouts, including visiting the
Asayish central prison in Qamishli,
reaching out to the Asayish
Complaints Section, and visiting the
Asayish Headquarters. They said they
also made numerous calls to contacts
and to the Asayish. The family
members said that the Asayish either
denied holding him or did not respond.
Vol. XV No. 9 September 2018
The two released detainees said they
were not allowed access to lawyers
while in detention and they were only
brought before a judge after being
held for lengthy periods of time. In
the other two other cases, the
detainees were never taken before a
judge or prosecutor, according to
relatives.
Under international law and in the
absence of emergency provisions,
authorities should bring a suspect
before a judge within 48 hours of arrest
to review the legality and necessity of
the continued detention and to ensure
that the detainee’s rights are respected.
All detainees should be promptly
charged or released. Local law
provides that authorities should charge
a detainee and take them before a court
within five days of arrest.
The authorities should ensure that
there is a clear legal basis for all
detentions, that all detainees have
access to legal counsel, including
during interrogation, and that families
are immediately notified if a loved one
is detained and given details of their
whereabouts. Detainees should
promptly be taken before a judge to
rule on the legality of their detention,
and all authorities should immediately
comply with any judicial order for
release.
International human rights law, which
the Autonomous Administration has
incorporated into its constitution,
provides that detainees have a right
of access to a lawyer and to inform
people of their choosing about their
detention. International law also
obliges authorities to maintain careful
records of detentions and to share
that information with appropriate
people so that the detainee is
protected by law and there is
effective accountability for all
detentions.
26
When authorities are informed that a
person may have been forcibly
disappeared or is otherwise missing
and state forces are believed to be
responsible, the authorities are
obliged to conduct an effective
investigation capable of determining
the person’s whereabouts and
situation. An enforced disappearance
under international law occurs when
a person is deprived of their liberty
by state officials or their agents,
followed by a refusal to acknowledge
the arrest or to reveal the person’s
fate or whereabouts.
Enforced disappearances violate a
range of fundamental human rights
protected under international law,
including prohibitions against
arbitrary arrest and detention; torture
and other cruel, inhuman, or
degrading treatment; and extrajudicial
execution. Enforced disappearances
also contravene the right to due
process and fair trials. The
international norms regarding prison
conditions are set out in the United
Nations Standard Minimum Rules for
the Treatment of Prisoners (the
“Mandela Rules”). Rule 58 protects
a prisoner’s right to receive visits “at
regular intervals” from family and
friends.
“So long as the Autonomous
Administration is holding itself out as
the de facto government in the
northeast and conducts arrests and
court proceedings, it needs to adhere
to basic international human rights
obligations,” Fakih said. “Insecurity
is never a valid excuse for infringing
on detainee rights.”
Support us for the
creation of a just and
equitable society
 The Children of India:
M
alnutrition is more common
in India than in Sub-Saharan
Africa. One in every three
malnourished children in the world
lives in India. Malnutrition limits de-
velopment and the capacity to learn.
It also costs lives: about 50 per cent
of all childhood deaths are attributed
to malnutrition.
In India, around 46 per cent of all
children below the age of three are
too small for their age, 47 per cent
are underweight and at least 16 per
cent are wasted. Many of these
children are severely malnourished.
The prevalence of malnutrition varies
across states, with Madhya Pradesh
recording the highest rate (55 per
cent) and Kerala among the lowest
(27 per cent). Malnutrition in children
is not affected by food intake alone;
it is also influenced by access to
health services, quality of care for the
child and pregnant mother as well as
good hygiene practices. Girls are
more at risk of malnutrition than boys
because of their lower social status.
1 in 3 of the world’s malnourished
children lives in India. Malnutrition
in early childhood has serious, long-
term consequences because it
impedes motor, sensory, cognitive,
social and emotional development.
Malnourished children are less likely
to perform well in school and more
likely to grow into malnourished
adults, at greater risk of disease and
early death. Around one-third of all
adult women are underweight. Inad-
equate care of women and girls, es-
pecially during pregnancy, results in
low- birth weight babies. Nearly 30
per cent of all newborns have a low
Vol. XV No. 9 September 2018
Victims of Malnutrition
birth weight, making them vulnerable
to further malnutrition and disease.
Vitamin and mineral deficiencies also
affect children’s survival and devel-
opment. Anaemia affects 74 per cent
of children under the age of three,
more than 90 per cent of adolescent
girls and 50 per cent of women. Io-
dine deficiency, which reduces learn-
ing capacity by up to 13 per cent, is
widespread because fewer than half
of all households use iodised salt. Vi-
tamin A deficiency, which causes
blindness and increases morbidity and
mortality among pre-schoolers, also
remains a public-health problem.
Do We Really Care:
The Crisis of Malnutrition in India
points out that there are some serious
problems with the existing nutrition,
food delivery, and health programs
of the country. Poor food quality, low
social status of women and early
marriage leading to low birth weight,
bad quality hygiene and high rate of
illiteracy are some of the factors
which helped India to reach this black
milestone. In recent decades, India
has established a framework of
programs with the potential to
combat malnutrition, including a
Public Distribution System (PDS), an
Integrated Child Development
Services (ICDS) program, a National
Mid-day Meals Program (NMMP),
and several employment schemes
providing food for work. But these
programs have failed to meet the
needs of the poorest because of
ineffective targeting, implementation,
27
and coverage.
According to another study four hun-
dred million children in India suffer
daily, which is a greater problem than
in Sub-Saharan Africa. Childhood
malnutrition is a massive crisis tar-
geting at the future generation Indi-
ans. Several factors including inad-
equate or inappropriate food intake,
childhood diseases, harmful childcare
practices, and improper care during
illness: are responsible for poor health
and millions of deaths annually. Child
malnutrition is a whole life process
as it affects the growth potential and
the risk of mortality and morbidity,
even in the later years of life. Right
from the independence successive
governments in India are in the habit
of boasting achievements in the field
of health but still more than half of
all children under the age of four are
malnourished. The early years of life
are the most crucial because it is
when the body develops the most
mentally and physically and is most
vulnerable to disease and illness. The
children of India are malnourished
because of chronic evils like poverty,
destruction of the environment, lack
of education, gender inequality, and
inaccessible medical care. Poverty is
a major cause of malnourishment
because it limits the amount of food
available to children causing wasting
and a lack of vitamins, minerals and
nutritional value leading to stunting
and low weight. Overpopulation is a
serious problem linked to competi-
tion for food, shelter and medical care
and leads to malnutrition amongst
children, especially in rural areas
where access to medical care and
food is limited. Illiteracy is a serious

handicap, which is promoting mal-
nourishment because vast majority of
Indians are illiterate and ignorant
about nutrition, family planning,
breast-feeding and parenting. The
problem of gender inequality makes
women a second-class citizen and
causes them to suffer more because
they are last to eat and considered
less important continuing the cycle
of poverty and malnourishment.
Availability of medical care and im-
munizations are limited to children,
which again lead to diminishing
standards of child health.
Urgent, Difficult but Necessary
UNICEF India’s chief of child devel-
opment and nutrition programme,
Werner Schultink, puts it straightfor-
ward “the fact that malnutrition had
fallen from 70% in 1970s to 47%
now is testimony to India’s commit-
ment.” He added that policymakers
must realize that it does not take com-
plicated interventions to make an im-
portant impact. All they have to do
is ensure mothers feed newborns on
breast milk for six months from birth,
reduce infectious diseases, specially
diarrhoea and malaria, counsel moth-
ers on better infant care.
Vol. XV No. 9 September 2018
This report came to many of us as a
shock. And we know in coming days
all our top ranking leadership will find
ways to refute the facts and figures
of the UNICEF report. But instead
all concerned must realize that it’s high
time that we do serious groundwork
to deal with this grave danger.
Other then anything child malnour-
ishment in India needs the active par-
ticipation and prioritization of this is-
sue at both government and
nongovernmental level. Education
about nutrition, household food se-
curity, health services and proper
childcare is essential for the general
population to improve the state of
children’s nutrition today. The gov-
ernment needs to allocate more funds
on the quality nutritional programs in
order to improve the state of malnu-
trition and therefore health services,
education for females and poverty.
The environment needs to be saved
and pollution needs to be minimized
because illness and disease are
brought on by lead in the air and poor
sanitation of the water. Malnutrition
is affected by female inequality be-
cause women, being the primary care
givers, are uneducated and at a lower
28
social status so equal rights and edu-
cation should be promoted so that the
literacy rate increases and parents are
more knowledgeable about child rear-
ing and nutrition. Those living in ru-
ral areas need help receiving adequate
food, income and health services due
to lack of transportation and avail-
ability to such diversity and opportu-
nity. The proper immunizations
against disease and illness should be
offered to all children and an increase
in health care will help decrease child
malnourishment. Poverty is a major
problem causing families to have in-
sufficient funds for buying enough
food but there are many who suffer
from the silent hunger of malnutri-
tion because they have enough cere-
als to fill up on but lack the proper
nutrients and minerals to lead an ac-
tive and healthy life.
The problem of child malnourishment
is complex and it is the need of the
hour that the government takes a
holistic approach to take on this grave
crisis. It’s not only a problem of
health; the government must accept
that several issues of poverty, gen-
der, illiteracy etc are entangled with
the problem of child nutrition. The
future of a nation can’t be secured if
it does not build capacity to assure a
healthy and insured life for its future
generation.
- HT Bureau
 Kangaroo Justice:
"If the nation is to become more gender-sensitive, then the new social attitudes should reflect more rational
values, liberal values and human values." Abhishek Dey writes about Kangaroo Justice by village panchayats of
A
sound judiciary is an indispen
sable need of every sovereign
entity, and an emerging nation
like India is no exception to that.
There is a universal law and order
equation – which involves rights,
grievances, redressals and justice –
and every judiciary strives to main-
tain harmony in this equation within
its own jurisdiction. Any other law
enforcing entity, outside the purview
of the judiciary, does nothing but dis-
rupts the purpose of the judiciary.
Recently, a kangaroo court (an un-
official court held by a group of peo-
ple), at the Subolpur village in
Birbhum district of West Bengal, had
ordered a tribal woman to be raped
by its members. It was a punishment
for having an affair with someone
from the other community. An un-
affordable fine was first imposed on
the woman and when she expressed
her inability to pay such a large
amount, a rape was ordered.
It is shocking that every villager –
including the womenfolk – supported
the verdict. For them, justice was to
be done and the up-most body that
they could seek help from was the
kangaroo court in the village. But
why do people have to rely on such
unofficial courts when the nation
claims to have a dependable justice
delivery mechanism?
Vol. XV No. 9 September 2018
Time to do away with it
India.
One reason could be: people do not
have equal access to the court of law
everywhere, and the other could be
that people have lost their faith. It
also shows how the Indian judiciary
has failed to encompass a significant
portion of India’s vast rural expanse.
The collective scepticism about the jus-
tice mechanism cannot be disregarded
as our judiciary has hardly missed a
chance to keep people waiting outside
the courts for years. There are numer-
ous examples where the aggrieved has
either lost his battle with life before los-
ing his battle at the court of law.
The kangaroo courts rely on the most
irrational of the parameters to con-
clude their cases and, they believe,
this is their traditional way of ensur-
ing justice. According to them, the
formal judiciary system is like a he-
gemony that dilutes the great Indian
justice mechanisms. Most of the
times, they do not let the judiciary in-
tervene. They do this by making sure
that the cases do not outreach the vil-
lage boundaries. In the Subolpur chap-
ter, they had a bad luck with the con-
cealing part.
Such unauthorized justice institutes
are not specific to any region. While
29
- Abhishek Dey
the Khap courts in Haryana and Uttar
Pradesh have been involved in the
worst instances of honor killing and
other inhuman penalization, the vil-
lage courts in neighboring Assam
have earned a bad name for witch
hunting. Addition of the caste and
religious catalysts even make it
worse.
In order to concrete its judiciary, the
state must first ensure the abolition
of such unauthorized courts through
proper legal discourse. It will be a
tedious task, but it has to be done.
The bigger problem is that, the kan-
garoo courts are already unofficial,
what makes them exist is a mass
support in the rural regions. And such
support is not just a result of dec-
ades of disbelief in the judicial abili-
ties of the nation’s system of legal
discourse but also a wretched out-
look nurtured through decades of
backwardness.
To invalidate the reliance over such
unauthorized courts, mere legal steps
will not be enough. Social attitudes
need to change, and it is not a rapid
process. If the nation is to become
more gender-sensitive, then the new
social attitudes should reflect more
rational values, liberal values and hu-
man values.
- http://www.timesofassam.com
 Corruption in India:
Discretion is the Need of the Hour
I
t is a proven fact that education
and more education is the ultimate
panacea for curing the ills of the
people. Accordingly, governments of
various countries are making effort
to raise the quality of higher education
of their people.
Here, I dare to submit that a
simplistic solution for this complex
issue can be obtained to a large extent
simply by charging the cost of higher
education from its beneficiaries. And
this pay-back for the cost of higher
education can play a vital role in
improving quality of higher education
as well as create enabling
environment for facilitating much
needed reforms in higher education
sector in one comprehensive sweep.
The aforesaid approach will induce
self-sustainable reforms in the field
of higher education and there will be
quantum jump in quality of higher
education. The modalities for the
aforesaid are elaborated below, in the
context of India which is largely
applicable to other countries, also:
Recently, the Government of India
planned to establish 8 new Indian
Institutes of Technology, 7 new
Indian Institutes of Management, 15
Central Universities, 5 new Indian
Institutes of Science Education and
Research, and 14 World-class
Universities. However, it is unlikely
that the dream of setting up of
acknowledgeable world-class
institutions in India can be realized in
near foreseeable future, because it
appears to me that just by starting a
few more educational institutions and
investing huge sums of money in their
establishment or by allocating more
Vol. XV No. 9 September 2018
money for existing educational
institutions, and wishing that some
of these will rise to world-class,
nothing significant can be achieved.
Had money been the most significant
factor, many universities of oil-rich
West-Asian countries would have
been pushed in the top echelon of
world-class universities by now.
Moreover, the money and other
resources are also limited, thus these
should be judiciously employed with
a strategic view to ensure their
optimal utilization, or else we will end
up merely with a few more money
guzzling educational institutions.
Beyond the money and the resources,
there are two more significant factors,
viz., (i) “Frame-work of an
Institution” and (ii) “Performance of
Individuals”, which play important
role in raising the quality of an
educational institution.
In India, frame-work of a
government-aided educational
institution is bound by rigid
regulations which cannot be set aside
in the near future, like, reservation
quota for Scheduled Castes (SCs)/
Scheduled Tribes (STs)/Other
Backward Castes (OBCs), as well as
quota for minorities, for admission
of students as well as for
appointment of faculty members and
other administrative staff.
Reservation policies will stay in India,
till people of the reserved categories
achieve parity with those of the
general category. So, till, we continue
30
- Dr. Prem Kumar Sinha
with the existing frame-work of our
government-aided educational
institutions, there is no scope for
raising the level of Indian Universities
to the world-class.
So presently, “Performance of
Individuals” is the only remaining factor
on which we can work upon and try
to raise the level of education as much
as possible, and it comprises three sets
of people, viz., Administrators,
Faculty-Members, and Students.
First, I briefly touch upon the attitude
of administrators of government-
aided educational institutions. Many
a time, heads of these institutions,
viz., Vice-chancellors/Principals are
themselves appointed with undue
interventions. Quite often, they have
their personal agenda to meet through
the process of appointment of
teachers and other staff. Also, many
a time, teachers do not care seriously
whether their pupils learn or not
because it does not have any
detrimental effect on their salaries (at
least in government-aided
institutions).
Now, I discuss the role of the students
who comprise the last but the most
important block of an educational
institution. People seldom discuss as
to how students can be made more
receptive towards the education
which is delivered to them in an
educational institution. It has been
noticed, in India, that they put up their
hardest efforts for ensuring their
admission in a government-aided
educational institution (where they are
imparted highly subsidized higher
education) but once they secure
 education for the benefit of his
remaining brethren, which will make
the entire society more prosperous
in due course of time and its rich
reward will be enjoyed by one and
all. Also, this pay-back for the cost
of higher education can play a very
dominant role as well as create an
enabling environment which can
facilitate purposeful and much
needed reforms in the higher
education sector, in one
comprehensive sweep, as is
illustrated below:

1. Students will not wile away

admission in an educational institution
of higher education, their motivation
level drops. The very same students
when they go to U.S.A. for higher
studies, they again start working
harder because they pay dearly for
the cost of their education and thus
easily understand that the opportunity
granted to them for learning is not to
be wasted.
Generally, it costs Rs.50,000/- to
Rs.200,000/- per student per year
to the Government of India,
depending upon the academic
discipline, for providing higher
education in a medium level
government-aided educational
institution, whereas such students
are charged, each, around
Rs.5,000/- to Rs.20,000/-, only, per
year. One should provide free
education up to secondary level for
public good but for the higher
education, fruits of which are
mostly enjoyed by the concerned
students privately, its cost must be
charged from the students, not for
the sake of any monetary profit but
at least to promote further the cause
of education. So, it is argued that
actual cost of higher education
should be charged from the
students. One should not fear that
it would take away higher education
from the reach of the students as,
now, they should be charged for the
cost of their education only after
they have finished their studies, and
while they pursue for their studies,
they should be provided free
education, of course, without any
fees.
Now, a question arises as to how
the cost of education can be realized
from the students after they have
completed their studies. It is not
difficult anymore, because owing to
advancement of information
technology enabled services, now,
a person can be easily traced. Thus,
cost of his education can be directly
debited from his salary in the same
way as Income Tax is deducted.
No one should think that the pay-
back for the cost of higher
education delivered to a person is
any kind of hardship to him. Because
the person concerned would be
paying only for a thing which he has
already availed of and, now, reaping
its rich dividend which should
continue throughout his life.
Moreover, this pay-back will help in
spreading and strengthening higher
their time during their studies
because they will be aware
about the true cost of their
education in the beginning
itself. Therefore, they will not
fritter away the golden period
of their lives, when they can
naturally acquire skills/
knowledge in the most
efficient manner.
2. When the Government will be
spared from the burden of
meeting ever-increasing
recurring cost for maintaining
already established educational
institutions, it can spend more
money on establishment of
new institutions and thereafter
it can pass over its control to
selected educational bodies
(public or private or co-
operative or corporate) for
professional management. It
will increase availability of
more educational institutions
for our youngsters, thus
unburdening them from a lot
of anxiety in this respect.
3. When students are not
required to pay for higher
education, no meritorious
student, howsoever poor will
ever face difficulty in receiving

Vol. XV No. 9 September 2018 31

 higher education. Instead, all
the meritorious students will
be preferred for granting
admission, since after their
studies, chances of their early
and decent employment will be
more which will ensure earlier
pay-back for the cost of their
education, which in turn will
directly benefit the institutions
from where they received their
higher education. So
meritorious students will not
be denied admission and
fairness in the selection
process during admissions
will get a boost.
4. Another benefit of setting up
of more and more educational
institutions by the
Government would be that
private un-aided educational
institutions, which are mostly
set up to mint money by
fleecing students, will have
some kind of check in
charging fees from the
students, as now students will
have more options to pursue
higher studies. Thus the fee
burden of those students, who
do not get admission in
government-aided educational
institutions, will also reduce.
5. As the money realized from
the students is to be
transferred to their alma mater
for paying salaries to their
teachers, staff, and other
recurring expenses, this factor
will act as a big catalyst in
increasing interest of the
teachers towards their
students because the better
they teach, the more their
students will learn, which will
help these students in getting
decent employment which will
ensure quick pay-back of the
Vol. XV No. 9 September 2018
cost of their education, which
will improve financial health
and growth of the concerned
educational institution and its
teachers. Similarly, now,
educational administrators
would also like to recruit the
best teachers. At the same
time, students will also like to
study in those institutions
where quality teaching is
imparted, so that chances of
their employability increase.
Because, now, education is not
free and thus they would not
like to pay for a thing which
does not yield value to them.
In this cycle of
(i) appointment of teachers
and staff;
(ii) admission of students;
(iii) teaching;
(iv) learning,
(v) placement for jobs;
(vi) pay-back of the cost of
education;
everyone’s interest will get
inseparably inter-twined,
which will infuse
transparency in the entire
process and usher in a new
era where everyone would feel
responsible for his actions.
Because now the teaching-
learning process would be
performance-oriented and will
be judged by the third party,
i.e., the employer, who will
32
measure the quality and
suitability of the students for
his organization. This in turn
will inculcate team spirit
among the teachers, the
educational administrators and
the students, and such a
scenario can certainly
galvanize rapid growth of
higher education by leaps and
bounds.
The first and foremost question
which arises in one’s mind is with
regard to feasibility and sustainability
of the scheme, which envisages that,
first, higher education should be
provided free, and later, its cost
should be charged from the
concerned students. People will
question what will happen if pay-back
for the cost of higher education is
received only from a minuscule
percentage of students and others are
unable to pay-back of their own or
simply express their inability to pay-
back by concealing their actual
income. My answer is as under: As
per the conservative estimates, at
least 50 percent students, who receive
higher education, are able to garner a
good job in public/private sector or
successful in establishing a profitable
venture, and thus they would be
earning more than Rs.20,000/- per
month. Thus, on an average a sum
of Rs.10,000/- per month or Rs.0.12
million per annum, can be charged
from such persons. Now, supposing,
Rs.0.1 million per annum is spent on
higher-education of a student by the
Government, for duration of 4 to 5
years, thus his pay-back for cost of
higher education will be over in about
4 years. In this fashion, at least 50
percent cost of higher education can
be collected by the Government in 4
years.
Now, considering that remaining 50
percent do not earn enough or their
earnings cannot be traced in black
and white then for these remaining
50 percent, there should be a
stipulation that if such people
transact any financial deal later in
their lives, like, sale or purchase or
inheritance of any property, motor-
driven vehicle, etc., then first charge
from their income should be
adjusted towards their outstanding
cost of higher education. In this way,
the Government will be able to
recover much more than the above
estimated conservative figure of 50
percent towards cost of higher-
education.
Presently, the Government is able to
realize less than 10 percent of the
total expenditure incurred by it
Vol. XV No. 9 September 2018
towards the higher education and still
maintaining its educational
institutions, therefore, the scenario
suggested above is much better
which enables the Government to
realize more than 50 percent cost of
higher education from the
beneficiaries in about four years as
well as reap a bigger reward by
inducing a culture of academic
accountability among the teachers as
well as the students. So, now, the
Government can maintain its
educational institutions for the initial
years, and thereafter these
institutions should be paid, only in
proportion to the remittances
collected from the students who
received education from these
institutions.
It would be worthwhile to mention
that, presently, the system of higher
education is skewed in favour of
those who are more empowered in
their respective categories (General/
SCs/STs/OBCs). First of all, those
few who hail from empowered
families are likely to receive better
education in their childhood which in
turn helps them in securing admission
in government-aided educational
institutions, with low fee-structure.
33
Later, it helps them in securing a
better job which naturally improves
their standing in the society even
more. Thus, presently, the
empowered ones receive higher
subsidy and opportunity for higher
growth vis-à-vis those who were
under privileged since birth, which
is not fair by any count.
Thus, in the nut-shell, it can be said
that if we fully charge the students
for the cost of their higher education,
it will help in creating a conducive
environment, whereby the following
twin objectives can be achieved: (i)
academic accountability of the
teachers as well as students will
increase thus raising the quality of
higher education in a sequential
manner and (ii) money collected from
those who have benefitted from the
higher education, can supplement
government efforts in spreading
higher education among all, which is
the ultimate panacea for uplift of
weaker sections in a shortest possible
time.
- The author is working as the
Assistant Registrar (Academic) at
Dayalbagh Educational Institute,
Agra.
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