annual report print final.qxd - Asian Centre for Human Rights

INDIA HUMAN RIGHTS REPORT 2005 Preface
female prisoners have separate provisions.
Because of the lack of escorts to produce
before the courts, undertrials from Kerala
to Jammu and Kashmir are denied access
to justice. The condition of about 55
prisoners who have been lodged in jails at
Bhagalpur, Gaya and Muzaffarpur of
Bihar and awarded death sentence but
there has been inordinate delay in the
execution, remained the most pitiable.
The misuse of the Prevention of
Terrorism Act of 2002 requires little
introduction. Though about 145 POTA
detainees involved in 59 cases were
released in June 2004 in Jharkhand
because of the lack of evidence, many of
the released POTA detainees continued to
remain in prison under various offences
filed under the Criminal Procedure Code
and Indian Penal Code. Many are too poor
to pay the bail bond money and have little
access to legal aid. However, those police
personnel who have knowingly abused
POTA have been given complete impunity.
About 15 States in India face internal
armed conflict and human rights
violations in these States remain a serious
issue of concern. Undoubtedly, all the
armed opposition groups have been
responsible for violations of international
humanitarian laws by indiscriminate
killings of civilians, kidnapping, hostage
taking, extortion and “passing of
sentences and the carrying out of
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executions without previous judgment
pronounced by a regularly constituted
court affording all the judicial guarantees
which are recognized as indispensable by
civilized peoples”. The killing of 17
innocent school children at Dhemaji
district by the ULFA on 15 August 2004
is a clear example. What is most
disconcerting is that the government also
justifies impunity for human rights
violations by the security forces in these
armed conflict situations for keeping the
socalled morale of the security forces.
Respect for human rights is the
strongest weapon in the counterinsurgency
operations or in the war against
terror. The strength of any country
claiming itself as “democratic” lies in
upholding the supremacy of the judiciary
and primacy of the rule of law. It requires
putting in place effective criminal-law
provisions to deter the commission of
offences against the innocents and
punishment for breaches of such
provisions while exercising executive
powers; and not in providing the arbitrary
powers to the law enforcement personnel.
To be truly democratic, India must
decisively move away from the regime of
sovereign immunity towards a regime of
accountability. ■
Suhas Chakma
Director, ACHR