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This is an archive article published on January 16, 2011
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Opinion Human rights defenders

Human Rights Day is celebrated on December 10 every year with reference to the Human Rights Declaration which was passed by the UN on that day in 1948.

January 16, 2011 04:10 AM IST First published on: Jan 16, 2011 at 04:10 AM IST

Human Rights Day is celebrated on December 10 every year with reference to the Human Rights Declaration which was passed by the UN on that day in 1948. The 2010 Human Rights Day was markedly different. UN Secretary General Ban Ki-moon in a forthright statement lamented that over 70 countries still consider homosexuality a crime and the resultant discrimination and violence of which the gay community is often the victims and yet the perpetuators escape punishment. He appealed for repeal of laws that criminalise homosexuality because “when individuals are attacked,abused or imprisoned because of their sexual orientation,we must speak out. We cannot stand by. We cannot be silent.” UN High Commissioner for Human Rights Navi Pillay highlighted the unnoticed and unsung work of the human rights defenders who come from all walks of life,from princesses and politicians to professionals and people with little or no formal education. There are no special qualifications. All it takes is commitment and courage. Alas,courage is a rare virtue. These human rights defenders deserve to be recognised and awarded appropriate Padmas.

Justice for Tibetans

Namgyal Dolkar,a Tibetan,applied for a passport. It was refused on the ground that Namgyal was not an Indian citizen and that in her application for grant of identity certificate,she had declared herself to be a Tibetan national. The decision was challenged in the Delhi High Court. Dr Roxna Swamy,in her elaborate submissions before the Court,argued that under the Citizenship Act as amended in 1986,“every person born in India on or after the 26th day of January 1950 but before the 1st day of July 1987”,shall be citizen of India by birth. In the instant case,admittedly the petitioner was born in India on April 13,1986,ie after 26th January 1950 but before 1st July 1987 and merely because she described herself as a Tibetan national did not amount to renunciation of citizenship. Justice S Muralidhar,in a well reasoned judgment,accepted Dr Roxna Swamy’s submissions. He referred to the policy of the MEA set out in the affidavit of the government which made it clear that MEA treats Tibetans as ‘stateless’ persons and that is why they are issued identity certificates. The learned judge highlighted that “without such a certificate,Tibetans face the prospect of having to be deported. They really have no choice in the matter.” The Court ruled that holding of an identity certificate,or the petitioner declaring in her application for such certificate that she is a Tibetan national,cannot constitute valid grounds to refuse her a passport. The judgment is commendable for its realistic approach to the grim ground realities facing Tibetans who are constrained to obtain identity certificates to avoid deportation. The judgment provides welcome relief to several Tibetans who face the same dilemma as Dolkar.

Khushwant envies Rushdie

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Salman Rushdie has justly received praise for his felicity of expression,his vivid description of human relationships and his wry sardonic humour. His Midnight’s Children is exquisite. Characteristically,Sardar Khushwant Singh,has an additional reason for admiring Rushdie because “besides his brain,he has other parts of his body equally well-endowed.” Khushwant wonders how this beady-eyed,bearded man in his middle-age had a succession of wives and mistresses to warm his bed. For the Sardar that is “yet another reason why I envy and admire him.” And that has little to do with the power of Rushdie’s pen.

James Moody no more

Jazz musician,saxophonist James Moody,will always be remembered for his ‘Moody’s Mood for Love’ which is his interpretation of the 1935 ballad ‘I’m in the Mood for Love.’ It was recorded in Sweden and was elected into the Grammy Awards’ Hall of Fame in 2001. It had almost became a national anthem. Moody,who recorded more than 50 solo albums as well as songs with Dizzy Gillespie and B.B. King,died last month aged 85. His friend and collaborator Quincy Jones said,“Today we’ve lost not only one of the best sax players but a true national treasure.” How true.

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