The writer is the executive director, South Asia Human Rights Documentation Centre
It is not merely the J&K SHRC or its Chair, Justice Nazki that are being thwarted. If the promise of the Fundamental Rights chapter of the Indian Constitution has to have any meaning for the average Kashmiri, the state government in addition to complying with the SHRC, should also order prosecution of Major Gogoi under Section 3 of the Geneva Conventions Act, 1960
Of interest was the statement by the NHRC. It was a vastly improved statement than the one made in May. Though the NHRC claims it differs from the Home Ministry on the proposed deportation of Rohingya refugees, it is yet to intervene in the Supreme Court on this matter
Underlying the UN High Commissioner’s statement is less outrage and more a deep sense of disappointment at India’s stonewalling and obfuscation. India’s attitude to all well-meaning advice and mild criticism has been procrastination.
It is clear that the Chinese have a better appreciation of what the ground situation is in Myanmar. The difference is in long term policy formulated by sagacious mandarins in Beijing and the establishment in New Delhi
The finance ministry overstretched a badly drafted provision under the Income Tax Act, 1961, which gives the officer authorised to carry out search and seizure the “…power to requisition service of a police officer or officer of the Central Government” underSection 132(2).
To bind a person to a jeep and parade him over a distance to make an example out of him for deterring stone-pelters violates Article 147 and would constitute a grave breach of the Geneva Convention.
By applying Sec 124A, the sedition charge, the BJP seems to be redefining nationalism – and sport
The right course would have been for Army HQ to have reprimanded Major Gogoi, and his superiors who lauded his offence. Section 46 of the Army Act, 1950, penalises “disgraceful conduct of a cruel, indecent or unnatural kind”.
The final conclusions of UPR on India, like all such reviews, need to be read not in cold print, but between the lines
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