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(A Monthly Publication of Manavadhikar Samajik Manch)

Volume XVI No. 4 April 2019
President :Dr. A. Shanker Advisors: Bejon Mishra
Editor :Dr. Girija B. Nanda Manoj Kar
Managing Editor :Dr. Srimoy Patra
UP Chapter
Editorial Team : Swarup N. Panigrahi
Dr. Narendra Kumar, State Convenor
Dr. Ashish Srivastava
6/348, Ramnath Deoria, Deoria - 274001
Dr. Arpita Verma Uttar Pradesh - 274001
J. P. Pant Phone :0-9415320183
Dr. Virender Khatana
Operations Head :Maheswar Singh Odisha Chapter
Reporter :Sanjeevani Umakanta Nanda, Adv, State Convenor
Legal Advisors :Biswajit Swain Amit Mishra, Associate State Convenor
Malaya Kumar Chand Gandarpur, P.O. -College Square,
Jitendra Mahapatra Cuttack, Odisha - 753003
Manager - Phone : 0671-2441528, 09437041528
Publication & Editorial:Nimai C. Patra
Maharashtra Chapter
Layout Designer :Ravish Kumar
Victor Freitas, State Convenor
Cover Concept :Dr. Srimoy Patra
Room No. 318, Akash Wani, Aamdar Niwas,
Executive Assistant :Alok Kumar
Mumbai - 400 032
Edited, Printed and
Phone :022-22022383, 09322735829
Published by :Dr. Girija B. Nanda

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
Tel.: 91-11-41621978, 46578478, Fax : 41621669
E-mail: officemail.masm@gmail.com, manavadhikar.india@indiatimes.com, masm@rediffmail.com
Website: www.manavadhikar.net, www.humanrightsnews.net
 In this issue...
World Health Day: 5
Universal health coverage: everyone, everywhere

International Mother Earth Day: 7

Education and Climate Change

World Autism Awareness Day: 9

Assistive Technologies, Active Participation

World Day for Safety and Health at Work: 11

A Safe and Healthy Future of Work

World Creativity and Innovation Day: 12

Achieving the Sustainable Future We Want

National News 15

News from the National Human Rights Commission 18

International News 23

The Unpredictable: 26
Monsoon & Agriculture in India

Need of the Hour: 28

Overhaul Policing System to Arrest Rights Violations

Indirect Reservation: 30
Best Way to Achieve Conflict-free Society
 From the President’s Desk …
Marginalisation is prevalent in varied extent in the developed, developing and underdeveloped world.
Democracy in itself is not a comprehensive guarantee to attain justice. Ignorance about the basic
rights, human rights, fundamental rights, laws of the land, compounded by the problem of illiteracy,
deprives the socially and economically marginalised people of justice. Lack of awareness about
legislations and ‘jargonisation’of law acts also works as an additional obstacle. With legal literacy
being low in India, people with adequate knowledge of law exploit the legally illiterates.

Ensuring access to justice for all has been enshrined in the Indian Constitution and this has also been
the major goal of the Indian government. Though this noble endeavour often faces serious social,
cultural and other challenges, the government is always striving to overcome these impediments and
taking all possible efforts to ensure that the doors of the justice system are not shut for any citizen of
this country, rich or poor.

The legal system can play an important role in supporting poverty eradication by helping poor people
to access the appropriate mix of rights and remedies. However, laws that discriminate against, or
ignore, the rights and livelihoods of the poor can pose serious obstacles to the eradication of poverty.
In such contexts, law and justice sector reforms can provide the foundation for protection and
incentives to enable poor people to realize the full value of their human and physical capital. Reform-
ing the law on paper is not enough to change the reality on the ground. Poor people also need a legal
and judicial system that they can access – one that ensures their legal entitlements are practical,
enforceable and meaningful. Therefore, efforts to legally empower the poor focus on the underlying
incentive structures as well as the capacity of the judiciary and state institutions is very necessary to
make the law work for the poor.

An improved and far-reaching access to justice system is India’s highest concern today and ensures
protection of the rights and freedoms of all sections of society, particularly those underprivileged
citizens who feel alienated from the justice system because of geographical reasons. Access to Legal
will offer enormous potential for transformation, which might be of immense and lasting benefit to
everyone, especially to the marginalised, vulnerable and deprived sections of the society, who do not
have strong lobbies to ensure that their rights are guaranteed.

Dr. A. Shanker

Vol. XVI No. 4 April 2019 4

 World Health Day:
Universal health coverage: everyone, everywhere
U
niversal health coverage is
WHO’s number one goal.
Key to achieving it is ensuring
that everyone can obtain the care
they need, when they need it, right
in the heart of the community.
Progress is being made in countries
in all regions of the world. But
millions of people still have no access
at all to health care. Millions more
are forced to choose between health
care and other daily expenses such
as food, clothing and even a home.
This is why WHO is focusing on
universal health coverage for this
year’s World Health Day, on 7 April.
What it is all about?
World Health Day is a chance to
celebrate health and remind world
leaders that everyone should be able
to access the health care they need,
when and where they need it.
Advocacy events will be held around
the world to fuel the momentum of
the #HealthForAll movement and to
highlight our goal of achieving a fairer,
healthier world – in which no one is
left behind.
The focus will be on equity and
solidarity – on raising the bar for
health for everyone, everywhere by
addressing gaps in services, and
leaving no one behind. The tagline for
World Health Day is: Health for all –
everyone, everywhere
Why universal health coverage
and primary health care?
Universal health coverage means that
all people have access to the quality
health services they need, when and
Vol. XVI No. 4 April 2019
where they need them, without
financial hardship. We believe this is
possible and it starts with strong
primary health care. Primary health
care is a whole-of-society approach
to health and wellbeing centred on the
needs and preferences of individuals,
families and communities.
To make health for all a reality,
governments need to invest in quality,
accessible primary health care. Health
Goals
- To improve understanding of
universal health coverage and
the importance of primary
health care as its foundation.
- To spur action from
individuals, policy-makers and
health-care workers to make
universal health care a reality
for everyone.
5
workers need to care and advocate
for patients and educate them on how
to get and stay healthy. Individuals
and communities need to be
empowered to take care of their own
health.
Health is a human right. Together, we
can make health for all a reality.
Aim to achieve through the
campaign
This campaign aims to help people
better understand what universal
health coverage means – what
services and support should be
available and where. We will provide
visual material that helps people who
have access to quality, affordable
health care to understand what life is
like for people without it and to
advocate for equal access to care,
everywhere.
Health-care workers will have an
important role to play in the
campaign, helping decision-makers
for health recognize what people need
in terms of care, particularly at the
primary care level.
The campaign also presents an
opportunity for ministers of health
and other government decision-
makers to commit to taking action to
address gaps in universal health
coverage in their countries, as well
as to highlight progress that has
already been made.
For World Health Day, we will release
WHO’s annual publication of health
data, the World Health Statistics
Report. The report will include
information on health trends in
specific areas such as newborn and
child health, noncommunicable
diseases, mental health and
environmental risks, and also data on
universal health coverage and health
systems.
Universal health coverage – the
bigger picture
World Health Day 2019 falls midway
between the Global Conference on
Primary Health Care held in Astana,
Kazakhstan in October 2018 and the
High-level Meeting on universal health
coverage to be held at the United
Nations General Assembly in
September 2019. The Day is one of
many opportunities to communicate
about the importance of equity in
health-care services, for not only the
health of individuals, but also for the
health of economies and society at
large.
This year’s World Health Day will
focus on equity and solidarity. To
represent these values WHO will aim
to create a bold visual statement. A
Solidarity Chain of more than 1000
participants from WHO, UN
Vol. XVI No. 4 April 2019
agencies and health partners will come
together to join hands as a symbol of
their commitment to bridging gaps
and working collaboratively towards
universal health coverage.
Universal health coverage (UHC)
- At least half of the world’s
population still do not have full
coverage of essential health
services.
- About 100 million people are still
being pushed into extreme
poverty (defined as living on 1.90
USD or less a day) because they
have to pay for health care.
6
- Over 800 million people (almost
12% of the world’s population)
spent at least 10% of their
household budgets to pay for
health care.
- All UN Member States have
agreed to try to achieve universal
health coverage (UHC) by 2030,
as part of the Sustainable
Development Goals.
Primary health care
- Primary health care can cover
th e m ajority of a p er son ’s
health needs throughout their
life including prevention,
treatment, rehabilitation and
palliative care.
- At least half of the world’s people
still lack full coverage of essential
health services.
- A fit-for-purpose workforce is
essential to deliver primary health
care, yet the world has an
estimated shortfall of 18 million
health workers.
- Of the 30 countries for which data
are available, only 8 spend at least
US$ 40 per person on primary
health care per year.
 International Mother Earth Day:
Education and Climate Change
M
other Earth is a common
expression for the planet
earth in a number of
countries and regions, which
reflects the interdependence that
exists among human beings, other
living species and the planet we all
inhabit.
The Earth and its ecosystems are
our home. In order to achieve a just
balance among the economic,
social, and environmental needs of
present and future generations, it is
necessary to promote harmony with
nature and the Earth.
International Mother Earth Day is
celebrated to remind each of us that
the Earth and its ecosystems
provide us with life and sustenance.
This Day also recognizes a
collective responsibility, as called
for in the 1992 Rio Declaration, to
promote harmony with nature and
the Earth to achieve a just balance
among the economic, social and
environmental needs of present and
future generations of humanity.
International Mother Earth Day
provides an opportunity to raise
public awareness around the world
to the challenges regarding the
well-being of the planet and all the
life it supports.
Mother Earth: Education and
Climate Change
Climate change is one of the largest
threats to sustainable development
globally and is just one of many
imbalances caused by the
Vol. XVI No. 4 April 2019
unsustainable actions of
humankind, with direct implications
for future generations.
The United Nations Framework
Convention on Climate Change and
the Paris Agreement encourage
international cooperation among
parties on climate change
education, training, public
awareness, public participation and
public access to information.
During the commemoration of 10th
anniversary of International Mother
Earth Day, the Ninth Interactive
Dialogue of the General Assembly
on Harmony with Nature will be
held on 22 April 2019 in the
Trusteeship Council Chamber. The
Interactive Dialogue is to discuss
the contributions of Harmony with
Nature in ensuring inclusive,
equitable and quality education on
taking urgent action to combat
climate change and its impacts and
to inspire citizens and societies to
reconsider how they interact with
the natural world in the context of
sustainable development, poverty
eradication and climate justice, so
as to ensure that people
everywhere have the relevant
information and awareness for
sustainable development and
lifestyles in Harmony with Nature.
Climate Action
To boost ambition and accelerate
7
actions to implement the Paris
Agreement on Climate Change, UN
Secretary-General António Guterres
will host the 2019 Climate Action
Summit on 23 September to meet
the climate challenge.
Background
The General Assembly, in order to
achieve a just balance among the
economic, social, and environmental
needs of present and future
generations, to promote harmony
with nature and the Earth, and noting
that Earth Day is observed each year
in many countries, decided to
designate 22 April as International
Mother Earth Day through
resolution A/RES/63/278, adopted in
2009.
It invites all Member States, the
organizations of the United Nations
system, international, regional and
subregional organizations, civil
society, non-governmental
organizations and relevant
stakeholders to observe and raise
awareness of International Mother
Earth Day, as appropriate.
The 1972 UN Conference on the
Human Environment in Stockholm
marked the beginning of a global
awareness of the interdependence
between people, other living species
and our planet, as well as the
establishment of World Environment
Day on 5 June and the UN
Environment Programme.
In 1992, Agenda 21, the Rio
Declaration on Environment and
Development, and the Statement of

principles for the Sustainable
Management of Forests were adopted
by more than 178 Governments at
the United Nations Conference on
Environment and Development
(UNCED) held in Rio de Janeiro,
Brazil, 3 to 14 June 1992.
In 2005, the General Assembly
declared 2008 as the International Year
of Planet Earth, convinced that
education in Earth sciences provide
humankind with tools for the
sustainable use of natural resources
and for building the scientific
infrastructure essential for sustainable
development.
In 2012, the United Nations
Conference on Sustainable
Development - or Rio+20 - took place
in Rio de Janeiro, Brazil. It resulted
in a focused political outcome
document which contains clear and
practical measures for implementing
sustainable development.
In Rio, Member States decided to
launch a process to develop a set of
Sustainable Development Goals
(SDGs), which will build upon the
Millennium Development Goals and
converge with the post 2015
development agenda.
Vol. XVI No. 4 April 2019
Harmony with Nature
In 2009, the United Nations General
Assembly proclaimed 22 April as
International Mother Earth Day. In so
doing, Member States acknowledged
that the Earth and its ecosystems are
our common home, and expressed
their conviction that it is necessary
to promote Harmony with Nature in
order to achieve a just balance among
the economic, social and
environmental needs of present and
future generations. The same year,
the General Assembly adopted its first
resolution on Harmony with Nature.
The General Assembly has widely
acknowledged that the world's
depletion of natural resources and
rapid environmental degradation are
the result of unsustainable
consumption and production patterns
which have led to adverse
consequences for both the Earth and
the health and overall well-being of
humanity. The scientific community
has well documented evidence that
our present way of life, in particular
our consumption and production
patterns, has severely affected the
Earth's carrying capacity.
Loss of biodiversity, desertification,
climate change and the disruption of
8
a number of natural cycles are among
the costs of our disregard for Nature
and the integrity of its ecosystems
and life-supporting processes. As
recent scientific work suggests, a
number of planetary boundaries are
being transgressed and others are at
risk being so in a business-as-usual
world. Since the industrial revolution,
Nature has been treated as a
commodity that exists largely for the
benefit of people, and environmental
problems have been considered as
solvable through the use of
technology. In order to meet the basic
needs of a growing population within
the limits of the Earth's finite
resources, there is a need to devise a
more sustainable model for
production, consumption and the
economy as a whole.
Devising a new world will require a
new relationship with the Earth and
with humankind's own existence.
Since 2009, the aim of the General
Assembly, in adopting its nine
resolutions on Harmony with Nature,
has been to define this newly found
relationship based on a non-
anthropocentric relationship with
Nature. The resolutions contain different
perspectives regarding the construction
of a new, non-anthropocentric paradigm
in which the fundamental basis for right
and wrong action concerning the
environment is grounded not solely in
human concerns. A step in this direction
was further reaffirmed in the outcome
document of the United Nations
Conference on Sustainable Development
(2012), entitled "The future we want":
"We recognize that planet Earth and
its ecosystems are our home and that
"Mother Earth" is a common
expression in a number of countries
and regions, and we note that some
countries recognize the rights of
nature in the context of the promotion
of sustainable development."
 World Autism Awareness Day:
Assistive Technologies, Active Participation
A
utism awareness has grown
worldwide in recent years.
For the United Nations, the
rights of persons with disabilities,
including persons with autism, as
enshrined in the Convention on the
Rights of Persons with Disabilities
(CRPD), are an integral part of its
mandate.
When world leaders adopted the 2030
Agenda for Sustainable Development
in 2015, the international community
reaffirmed its strong commitment to
inclusive, accessible and sustainable
development, and pledged that no one
would be left behind. In this context,
the participation of persons with
autism as both agents and
beneficiaries is essential for the
realization of the Sustainable
Development Goals (SDGs).
For many people on the autism
spectrum, access to affordable
assistive technologies is a prerequisite
to being able to exercise their basic
human rights and participate fully in
the life of their communities, and
thereby contribute to the realization
of the SDGs. Assistive technology
can reduce or eliminate the barriers
to their participation on an equal basis
with others.
The Convention on the Rights of
Persons with Disabilities
acknowledges the instrumental role
of assistive technologies in enabling
persons with disabilities to exercise
their rights and freedoms. It obliges
States that are party to the Convention
to promote availability and use of
such technologies at an affordable
Vol. XVI No. 4 April 2019
cost, to facilitate access to them, and
to undertake or promote research and
development into new such
technologies.
While technological advances are
continuous, there are still major
barriers to the use of assistive
technologies, including high costs,
lack of availability, lack of awareness
of their potential, and a lack of training
in their use. Available data indicates
that, in several developing countries,
more than 50% of the persons with
disabilities who need assistive devices
are not able to receive them.
In September 2018, the UN
Secretary-General launched a new
Strategy on New Technologies,
which aims to define how the United
Nations system will support the use
of these technologies to accelerate the
achievement of the 2030 Sustainable
Development Agenda. The Strategy
is also intended to facilitate the
alignment of these technologies with
the values enshrined in the UN Charter
and the Universal Declaration of
Human Rights, and the norms and
standards of International Law,
including the CRPD and other human
rights conventions. These values
include equality and equity, inclusion
and transparency. Design and use of
new technologies, according to the
Strategy, should be guided by a
rights-based and ethical perspective.
In the context of the Secretary-
General’s Strategy, the 2019 World
9
Autism Awareness Day observance
at UN Headquarters in New York will
focus on leveraging the use of
assistive technologies for persons
with autism as a tool in removing the
barriers to their full social, economic
and political participation in society,
and in promoting equality, equity and
inclusion. Topics to be addressed
through discussions with self-
advocates and experts include:
- The Internet and digital
communities: Leveling the playing
field
- Independent living: Smart home
technology and more
- Education and employment:
Communication and executive
functioning
- Telemedicine: Opening the doors
to healthcare
- The right to be heard: Political
participation and advocacy
Background
Throughout its history, the United
Nations family has celebrated
diversity and promoted the rights and
well-being of persons with disabilities,
including learning differences and
developmental disabilities. In 2008,
the Convention on the Rights of
Persons with Disabilities entered into
force, reaffirming the fundamental
principle of universal human rights
for all. Its purpose is to promote,
protect and ensure the full and equal
enjoyment of all human rights and
fundamental freedoms by all persons
with disabilities, and to promote
respect for their inherent dignity. It
is a vital tool to foster an inclusive
and caring society for all and to ensure
that all children and adults with autism
can lead full and meaningful lives.
The United Nations General Assembly
unanimously declared 2 April as
World Autism Awareness Day (A/
RES/62/139) to highlight the need to
help improve the quality of life of
those with autism so they can lead
full and meaningful lives as an integral
part of society.
Autism is a lifelong neurological
condition that manifests during early
childhood, irrespective of gender, race
or socio-economic status. The term
Autism Spectrum refers to a range of
characteristics. Appropriate support,
accommodation and acceptance of this
neurological variation allow those on
the Spectrum to enjoy equal
opportunity, and full and effective
participation in society.
Vol. XVI No. 4 April 2019
On World Autism Awareness Day, we speak out against discrimination,
celebrate the diversity of our global community and strengthen our
commitment to the full inclusion and participation of people with
autism. Supporting them to achieve their full potential is a vital part of
our efforts to uphold the core promise of the 2030 Agenda for Sustain-
able Development: to leave no one behind."
Secretary-General António Guterres
Autism is mainly characterized by its The stigmatization and discrimination
unique social interactions, non-standard associated with neurological
ways of learning, keen interests in differences remain substantial
specific subjects, inclination to routines, obstacles to diagnosis and therapies,
challenges in typical communications an issue that must be addressed by
and particular ways of processing both public policy-makers in
sensory information. developing nations, as well as donor
countries.
The rate of autism in all regions of
the world is high and the lack of
understanding has a tremendous Visit our website at :
impact on the individuals, families and www.masmindia.org
communities. for online human rights updates.
10
World Day for Safety and Health at Work:
A Safe and Healthy Future of Work
I
nspired by the ILO centenary and
discussions on the future of work,
the world day this year attempts
to take stock of a 100 years of work
in improving occupational safety and
health and looks to the future for
continuing these efforts through
major changes such as technology,
demographics, sustainable
development including climate
change and changes in work
organization.
The World Day celebration on 28 April
2019 will be only the beginning of
worldwide events and activities to
continue throughout the rest of the year.
The World Day for Safety and Health
at Work is an annual international
campaign to promote safe, healthy
and decent work. It is held on 28 April
and has been observed by the
International Labour Organization
(ILO) since 2003.
A national occupational safety and
health culture is one in which the right
to a safe and healthy working
environment is respected at all levels,
where governments, employers and
workers actively participate in
securing a safe and healthy working
environment through a system of
defined rights, responsibilities and
duties, and where the highest priority
is accorded to the principle of
prevention.
Background
Why 28 April?
In 2003, the International Labour
Organization (ILO), began to observe
World Day in order to stress the
prevention of accidents and diseases
Vol. XVI No. 4 April 2019
at work, capitalizing on the ILO's
traditional strengths of tripartism and
social dialogue.
This celebration is an integral part of
the Global Strategy on Occupational
Safety and Health of the ILO, as
documented in the Conclusions of the
International Labour Conference in
June 2003. One of the main pillars of
the Global Strategy is advocacy, the
World Day for Safety and Health at
Work is a significant tool to raise
awareness of how to make work safe
and healthy and of the need to raise
the political profile of occupational
safety and health.
28 April is also the International
Commemoration Day for Dead and
Injured Workers organized
worldwide by the trade union
movement since 1996.
Prevention of occupational
accidents and diseases
The annual World Day for Safety and
Health at Work on 28 April promotes
the prevention of occupational
accidents and diseases globally. It is
an awareness-raising campaign
intended to focus international
attention on the magnitude of the
problem and on how promoting and
creating a safety and health culture
can help reduce the number of work-
related deaths and injuries.
Each of us is responsible for stopping
deaths and injuries on the job. As
governments we are responsible for
providing the infrastructure — laws and
11
services — necessary to ensure that
workers remain employable and that
enterprises flourish; this includes the
development of a national policy and
programme and a system of inspection
to enforce compliance with
occupational safety and health
legislation and policy. As employers we
are responsible for ensuring that the
working environment is safe and
healthy. As workers we are responsible
to work safely and to protect ourselves
and not to endanger others, to know
our rights and to participate in the
implementation of preventive measures.
Emerging risks at work
New and emerging occupational risks
may be caused by technical
innovation or by social or
organizational change, such as:
- New technologies and production
processes, e.g. nanotechnology,
biotechnology
- New working conditions, e.g.
higher workloads, work
intensification from downsizing,
poor conditions associated with
migration for work, jobs in the
informal economy
- Emerging forms of employment,
e.g. self-employment,
outsourcing, temporary contracts
- They may be more widely
recognized through better
scientific understanding, e.g. the
effects of ergonomic risks on
musculoskeletal disorders.
They may be influenced by changes
in perceptions about the importance
of certain risk factors, e.g. the effects
of psychosocial factors on work-
related stress.
 World Creativity and Innovation Day:
Achieving the Sustainable Future We Want
O
bserved six days after
Leonardo da Vinci’s birthday
and one day before
International Mother Earth Day,
World Creativity and Innovation Day
(#WCID) is well positioned to
encourage creative multidisciplinary
thinking to help us achieve the
sustainable future we want.
Wealth of Nations
Creativity and innovation, at both
the individual and group levels, have
become the true wealth of nations
in the 21st century, according to the
findings of the special edition of the
Creative Economy Report
"Widening local development
pathways", co-published by the
United Nations Educational,
Scientific and Cultural Organization
(UNESCO) and the UN
Development Programme (UNDP)
through the UN Office for South-
South Cooperation (UNOSSC).
Creativity and Culture
The creative economy –which
includes audiovisual products,
design, new media, performing
arts, publishing and visual arts– is
a highly transformative sector of the
world economy in terms of income
generation, job creation and export
earnings. Culture is an essential
component of sustainable
development and represents a
source of identity, innovation and
creativity for the individual and
community. At the same time,
creativity and culture have a
significant non-monetary value that
contributes to inclusive social
development, to dialogue and
understanding between peoples.
Vol. XVI No. 4 April 2019
Economic Growth Strategies
Cultural and creative industries
should be part of economic growth
strategies, according to the UNESCO
report on culture and sustainable
development. These industries are
among the most dynamic sectors in
the world economy, generating $2.25
billion in revenue and 29.5 million
jobs worldwide. In that spirit,
countries are harnessing the potential
of high-growth areas of the market
for economic returns and poverty
alleviation.
New Momentum
On #WCID, the world is invited to
embrace the idea that innovation is
essential for harnessing the economic
potential of nations. Innovation,
creativity and mass entrepreneurship
can provide new momentum for
economic growth and job creation.
It can expand opportunities for
everyone, including women and
youth. It can provide solutions to
some of the most pressing problems
such as poverty eradication and the
elimination of hunger.
In its resolution A/RES/71/284, the
General Assembly called for
international recognition of April 21
as World Creativity and Innovation
Day; a day to raise awareness of the
role of creativity and innovation in
problem-solving and by extension, in
the implementation of the Sustainable
Development Goals. More than 80
countries joined in support of the
resolution.
12
One Day, One Week
#WCID was first commemorated in
over 50 countries around the world
on 21 April, 2002. In 2006, #WCID
became a week (#WCIW 15-21 April)
to give people more time to explore
together diverse points of view. April
15, the first day of #WCIW, is also
Leonardo Davinci’s birthday; an icon
of cross disciplinary creativity in the
arts and sciences, who exemplified
how these fields can inform and
enhance each other.
Micro-, Small and Medium-sized
Enterprises
As recognized in resolution 71/279
(6 April, 2017), there is a need to
focus on the importance of micro-,
small and medium-sized enterprises
in achieving the Sustainable
Development Goals; in promoting
innovation, creativity and decent
work for all. Sustainable development
is a holistic concept that requires the
strengthening of interdisciplinary
linkages in the different branches of
knowledge.
Call to Action
The call to take action in global
partnership to promote creative
environments, processes and
products was included in the
declaration adopted in Florence, Italy,
at the 3rd UN Educational, Scientific
and Cultural Organization World
Forum on Culture and Cultural
Industries (4 October, 2014).
Resolutions 54/120 (17 December,
1999) on policies and programmes
involving youth; 68/220 (20
December, 2013) on science,
technology and innovation for
development; and 68/223 (20
December, 2013) on culture and
sustainable development also support
this concept.
The need to initiate a discussion
around options available to countries
in addressing the many issues that
they grapple with in their quest for
development is ever pressing.
#WCID and #WCIW can serve as a
platform for the promotion of
examples and best practices that
highlight the use of creative thinking
and technologies toward the
achievement of sustainable
development.
Resolution adopted by the General
Assembly on 27 April 2017
The General Assembly,
Bearing in mind the Charter of the
United Nations, including the
purposes and principles contained
Vol. XVI No. 4 April 2019
therein, and the functions and powers
of the United Nations system,
especially in promoting international
cooperation in the economic, social,
cultural, educational and health fields,
Recalling the Constitution of the
United Nations Educational, Scientific
and Cultural Organization, which
states that the organization, as part
of its purposes and functions, will
maintain, increase and diffuse
knowledge by encouraging
cooperation among the nations in all
branches of intellectual activity,
Reaffirming its resolution 70/1 of 25
September 2015, entitled
“Transforming our world: the 2030
Agenda for Sustainable
Development”, in which it adopted a
comprehensive, far-reaching and
people-centred set of universal and
transformative Sustainable
Development Goals and targets,
13
Reaffirming also the outcome
document of the United Nations
Conference on Sustainable
Development, held in Rio de Janeiro,
Brazil, from 20 to 22 June 2012,
entitled “The future we want”,
Underlining the need to focus on the
importance of micro-, small and
mediumsized enterprises in achieving
the Sustainable Development Goals,
in particular in promoting innovation,
creativity and decent work for all, as
recognized in its resolution 71/279 of
6 April 2017,
Acknowledging that innovation is
essential for harnessing the economic
potential of each nation and the
importance of supporting mass
entrepreneurship, creativity and
innovation, which create new
momentum for economic growth and
job creation and expand opportunities
for all, including women and youth,
Recalling the report of the United
Nations Educational, Scientific and
Cultural Organization on culture and
sustainable development, in which it
is stated that cultural and creative
industries should be part of
economic growth strategies,
Recalling also its resolutions 54/120
of 17 December 1999 on policies and
programmes involving youth, 68/220
of 20 December 2013 on science,
technology and innovation for
development and 68/223 of 20
December 2013 on culture and
sustainable development,
Recalling further its resolutions 53/
199 of 15 December 1998 and 61/
185 of 20 December 2006 on the
proclamation of international years
and Economic and Social Council
resolution 1980/67 of 25 July 1980
on international years and
anniversaries,
Taking note of the findings contained
in the special edition of the Creative
Economy Report, co-published by
the United Nations Educational,
Scientific and Cultural Organization
and the United Nations Development
Programme through the United
Vol. XVI No. 4 April 2019
Nations Office for South-South
Cooperation in November 2013, in
which it is stated that human creativity
and innovation, at both the individual
and group levels, have become the
true wealth of nations in the twenty-
first century,
Taking note also of the declaration
adopted in Florence, Italy, on 4
October 2014, at the third United
Nations Educational, Scientific and
Cultural Organization World Forum
on Culture and Cultural Industries,
and the call therein to take action in
global partnership to promote creative
environments, processes and
products,
Recognizing that sustainable
development is a holistic concept
that requires the strengthening
of interdisciplinary linkages in
the different branches of
knowledge,
Recognizing also that citizens and
organizations in more than 50
countries around the world
already observe World Creativity
and Innovation Day, which was
first commemorated on 21 April
2002,
14
1. Decides to designate 21 April as
World Creativity and Innovation
Day;
2. Invites all Member States,
organizations of the United
Nations system and other
international and regional
organizations, as well as civil
society, including non-
governmental organizations and
individuals, to observe the Day in
an appropriate manner and in
accordance with national
priorities, in order to raise
awareness of the role of creativity
and innovation in problem-solving
and, by extension, economic,
social and sustainable
development;
3. Stresses that the cost of all
activities that may arise from the
implementation of the present
resolution should be met from
voluntary contributions;
4. Requests the Secretary-General to
bring the present resolution to the
attention of all Member States,
organizations of the United
Nations system and other
international and regional
organizations, as well as civil
society, including non-
governmental organizations and
individuals.
79th plenary meeting
27 April 2017
Visit our website at :
www.humanrightsnews.net
and
www.manavadhikar.net
for online
human rights updates.
 National Human Rights Update
Parties Should Pledge to Protect
Rights in India
Candidates and political parties
contesting India’s parliamentary
elections, slated for April and May
2019, should commit to
strengthening human rights
protections, Human Rights Watch
said today in an open letter. Human
Rights Watch called on candidates to
commit to human rights reforms on
several key issues.
“India is the world’s largest
democracy, but there is more to a
democracy than simply participating
in elections,” said Meenakshi
Ganguly, South Asia director.
“Candidates should commit to
respecting and strengthening the
fundamental rights of all Indians, and
reject efforts to foment communal
divisions and hatred.”
Human Rights Watch said that
candidates should pledge to ensure
accountability of the security forces
for killings and torture; to protect
freedom of expression and assembly
by ending the abuse of sedition,
criminal defamation, and
counterterrorism laws; to enforce
laws that protect the rights of women
and children including against sexual
violence; to end discrimination and
violent attacks against Dalits,
Adivasis, and minority communities;
to safeguard disability and refugee
rights; to uphold Supreme Court
rulings on privacy; and to promote a
human rights foreign policy.
“It is important for voters in India to
have the choice to elect leaders who
Vol. XVI No. 4 April 2019
will genuinely uphold human rights
protections,” Ganguly said. “That
means every candidate should
promote the principles of equality,
freedom and justice.”
Keeping India’s Schools Safe
from Conflict Before Elections
Over the weekend, Maoist insurgents
torched a tent and a generator at
Sondaha primary school in India’s
Bihar state, where police were
planning to stay during the upcoming
national elections, the United News
of India reported.
It isn’t the first time. The Maoists
have repeatedly committed violence
against schools in the run-up to
elections in India. They attacked at
least two schools before national
elections in 2014, and in 2009, carried
out at least 14 attacks on schools in
Jharkhand and Bihar states.
Deliberate attacks on schools that are
not being used for military purposes
can be war crimes under international
humanitarian law.
But the police should not have been
using the school in the first place.
Though government security forces
have been deployed inside schools
for security before elections in the
past, India’s Supreme Court has
repeatedly ordered the government
to ensure school buildings are not
occupied by security forces for any
purpose.
15
There has also been increasing
international recognition that parties
should refrain from using schools
for military purposes. In 2014, the
United Nations Security Council
stated that the use of schools for
military purposes, such as for
barracks or bases by security
forces, endangers children’s and
teachers’ safety as well as children’s
education. The Security Council also
called for enhanced international
monitoring and reporting of such
use of schools. In 2015, it
encouraged all countries “to take
concrete measures to deter such use
of schools by armed forces and
armed groups.”
Guidance on how countries can better
protect schools is included in the
2015 Safe Schools Declaration,
developed under the leadership of the
governments of Norway and
Argentina. To date, 84 countries have
endorsed the declaration.
Disappointingly, India is not among
them. But there is time for that to
change before the declaration’s
supporting countries meet at the
Third International Safe Schools
Conference in May, to discuss what
more can be done to keep students,
teachers, and schools safe even
during times of armed conflict.
Bad history shouldn’t repeat itself
every election. Maoist insurgents and
government security forces in India
should respect children’s safety and
right to education by keeping schools
off-limits – not only in the weeks
before national elections – but at all
times.
 India’s Violent Mobs Are a
Menace to Minorities — and
Democracy
The February 14 suicide bombing of
a security force convoy in Kashmir
that killed over 40 Indian troops was
claimed by a Pakistan-based militant
group. While Indians expressed
anger, politicians with an eye on
general elections in April were quick
to whip up nationalist fervor, egged
on by irresponsible television
networks that shouted down calls for
restraint as “anti-national.”
It was thus no surprise that in many
parts of the country, Kashmiri
students and businessmen were
harassed or beaten up, even forcibly
evicted from rental housing and
dorms. The governor of the northeast
state of Meghalaya, a former leader
of the ruling Hindu nationalist
Bharatiya Janata Party (BJP), called
on social media for people to “boycott
everything Kashmiri.” Many claiming
to be BJP supporters took to social
media to abuse anyone defending
Kashmiris’ rights.
Communal violence is not new in
India. But since the BJP came to
power in 2014, the use of
organized mobs to respond to
alleged sectarian “offenses” with
violence has undermined the rule
of law so frequently that the
Supreme Court warned that these
“horrendous acts of mobocracy
cannot be permitted to inundate the
law of the land.”
“A mob is not autonomous: it
executes the real will of the people
who rule the State,” wrote the
American writer James Baldwin in
The Price of the Ticket. “A mob
cannot afford to doubt…But these
ideas do not come from the mob.
They come from the state, which
creates and manipulates the mob.”
Vol. XVI No. 4 April 2019
Victims of violence by mobs in India
will agree. Hate-filled rhetoric from
leaders of the BJP and its affiliates
against minority communities has
fueled violent attacks and abuse.
The pattern is quite familiar to families
of those killed by vigilante groups
acting in the name of protecting
cows. Cows are considered sacred
by many Hindus, and in the run-up
to the national election in 2014, BJP
leader Narendra Modi successfully
used the issue to appeal to Hindu
voters. Since then, his government
and elected leaders have continued to
denounce minority groups for illegally
slaughtering cows for beef. At least
44 people, including 36 Muslims,
have been beaten to death by so-called
cow protection groups since May
2015. Most were herders or cattle
traders.
As Human Rights Watch and others
have documented, the attackers often
believed they had political protection
and openly boasted of their crimes.
And in several cases, the police
appeared complicit, eager to
prosecute those accused of
smuggling or killing cows rather than
those accused of killing cattle traders.
Lawyers and activists acting in
defense of minorities have been
threatened and attacked. Couples in
inter-faith relationships have been
targeted to counter so-called “love
jihad,” a term used to describe a
completely fabricated conspiracy
among Muslim men to marry Hindu
women and convert them to Islam.
BJP leaders have repeatedly used the
term, giving it legitimacy and calling
it a “dangerous trend.”
In 2017, the chief minister of India’s
most populous state, Uttar Pradesh,
formed “anti-Romeo” squads —
commonly made up of police —
16
ostensibly to curb sexual harassment
of women in public places. But the
squads soon morphed into police and
vigilantes working together to target
and harass young couples in public
places, especially if the men were
Muslim.
Dalits (formerly “untouchables”) are
also facing increased violence, in part
as a reaction to their more organized
and vocal demands for social
progress and to narrow historical
caste differences. On January 1,
2018, nationalist groups and alleged
BJP supporters attacked a Dalit event
in Bhima Koregaon village in
Maharashtra state. One person died
and several were injured.
A fact-finding committee headed by
a government official found that the
violence was premeditated by Hindu
extremist groups. But the police
opened investigations against Dalit
intellectuals and rights activists, and
arrested nine prominent activists.
“Hatred must have a symbol,”
Baldwin wrote. In India, it is the
Dalits, the Muslims, the Christians
and other marginalized groups. This
hatred is flourishing on India’s
streets, its online platforms and even
its living rooms. India’s democracy
is at grave risk if the government
allows the rule by mobs to undermine
the rule of law.
Indian Army needs to find a way
out with Major Gogoi
The case of Major Leetul Gogoi
presents a ticklish challenge to a
country that swears by democratic
governance on one hand, but is
compelled to use the Armed Forces
(Special Powers) Act to keep
‘disturbed’ areas under its control.
According to latest reports, the Indian
Army has completed its court martial
against Major Gogoi of the 53rd
Rashtriya Rifles, who faces the
prospect of reduction in seniority as
punishment for “fraternising with a
local woman in Kashmir” last year in
May. The court martial, headed by a
Brigadier-rank officer, also held that
the Major was away from the place
of duty while in an operational area.
Also involved is his army driver, who
may face “severe reprimand” from
the higher authorities.
In this case, Gogoi was detained by
the local police while trying to check
into a hotel with an unnamed woman
and later handed over to his unit. But,
there is more to it than meets the eye.
Even with the high standards of
discipline within the Army, and
despite the fact that there are strongly
laid down guidelines for social
etiquette and behaviour, it is doubtful
if the decision against Gogoi has to
do with “fraternising with a local”. It
has more to do with what happened
earlier in 2017. That year, the feisty
Major had hit headlines after he used
a local Kashmiri youth as a ‘human
shield’ against stone pelting mobs
atop the bonnet of his official Army
jeep. The photo had gone viral
worldwide causing widespread
outrage and certainly making India’s
case for peaceful co-existence in
Kashmir a bit thin.
It would be no exaggeration to
suggest that Indian officials are torn
between taking punitive action against
a serving Army official and
maintaining its record as an advocate
of human rights — notwithstanding
warts and all. If India does not take
action against what was clearly
unethical behaviour by a member of
its armed forces, it would be seen as
condoning steps that are usually
adopted in military oligarchies, but
any punitive action against a serving
official sends out wrong signals to
an already stretched security force
Vol. XVI No. 4 April 2019
that continues to take casualties on The petitioners said they were greatly
the LoC and in the Kashmir Valley. disturbed by the Army having to
But, the last word on the subject is suffer the stone pelters' ire with no
yet to be said. safeguards to secure their lives. The
petition reproduced a statement by
Protect Army's human rights, former CM Mehbooba Mufti, who
say daughters had declared in the state Assembly in
While Rashminara's case was of February last year that 9,760 FIRs
citizenship, in case of Kismatiya Gond against stone pelters would be
from Sonbhadra, in UP, she was withdrawn, since they were first-time
thrown in jail after seeking rights on offenders.
forest land. "The facilities in jail are
bad. There are no women cops to "Depriving armed forces personnel of
take us in. The jails are overcrowded, his rights to prosecute a person who
food quality is bad. A number of caused him offence is a violation of
women are in jail even when they his fundamental right to life and
have served half their prison term, liberty, including the right to legal
later given to them, when trial has recourse," the petition said. The
not even begun." Some women, who petitioners also added that the Centre
have given birth in toilets, said that was duty-bound to protect its armed
hospital facilities should be closer to forces deployed in disturbed areas.
the place where they are kept and
families should be allowed to meet The court's notice was sent to the
them. Centre, Jammu and Kashmir
government, and the NHRC.
"We are looking to have more of these
public hearings. General issues will
also come up. We will compile these
as a set of recommendations and take Visit our website at:
them to statutory authorities or to the
petition judiciary. Pregnant women
www.masmindia.org
for online human rights updates.
cannot be in jail and the condition of
women in jail needs to improve," said
Teesta Setalvad from CJP.
Since 2015, the petition claimed, there
were 641 casualties in 730 incidents.
By 2016, this figure rose to 9,235,
while in 2017, it was 1,690 casualties.
Incidentally, the security forces have
faced more casualties on account of
stone pelting than those caused by
terrorist violence. As per a response
given by the Centre to Parliament,
759 incidents of stone pelting were
reported in Jammu and Kashmir in Support us for the
2018, as compared to 587 incidents
of terrorist violence, in which 86 creation of a just and
security personnel and 37 civilians equitable society
were killed.
17
News From the National Human Rights Commission
NHRC opens entries for its fifth
annual competition for short
films on human rights: Last date
30th June, 2019
The National Human Rights
Commission has opened the entries
for its fifth annual competition for
short films on human rights which
has received tremendous response
so far. The awards carry three cash
prizes of Rs.1 lakh, Rs.75 thousand
and Rs.50 thousand for the best
first, second and third film
respectively along with the
certificates. The entries received
after the 30th June, 2019 will not be
entertained.
The aim of the award scheme is to
encourage and acknowledge
cinematic and creative efforts of the
Indian citizens, irrespective of their
age, towards the promotion and
protection of human rights. There is
no entry fee and bar on the number
of films sent by an individual for
participation in the contest. However,
the participants will have to send each
film separately with an application
form.
The short films may be in any Indian
languages with sub-titles in English
or in English. Duration of the short
film should not be less than 3 minutes
or more than 10 minutes. The short
film could be a documentary,
dramatization of real stories or a work
of fiction, in any technical format
including animation.
The themes of the films, having a
tinge of rights perspective, could be
broadly-based on various socio-
Vol. XVI No. 4 April 2019
economic, cultural and political
rights, within the ambit of right to
life, liberty, equality and dignity. The
films may cover issues specific to
bonded and child labour, women &
children’s rights, rights of elderly
persons, disabled rights, right to
healthcare, issues of fundamental
freedoms, human trafficking,
domestic violence, human rights
violation due to police atrocities,
custodial violence and torture, socio-
economic disparities, rights of
indigenous people, prison reforms,
right to education, right to clean
environment, right to work, right to
equality before law, right to food and
nutritional security, rights of LGBTI
etc.
More detailed information and the
application form can be accessed
from the website of the Commission,
www.nhrc.nic.in. For any further
queries, the office of Deputy Director
(Media & Communication), NHRC
can also be contacted.
Global Alliance of National
Human Rights Institutions,
GANHRI ratifies the position of
Mr. Justice H.L. Dattu,
Chairperson, NHRC, India as a
Member of its Bureau in
Geneva, Switzerland
Mr. Justice H.L. Dattu, Chairperson,
National Human Rights Commission,
India continues to remain a Member
of the Global Alliance of National
Human Rights Institutions, GANHRI,
18
Bureau. His position was ratified
during the Annual Meeting of the
GANHRI General Assembly at
Geneva, Switzerland on the
5thMarch, 2019, wherein he is
leading an NHRC, India delegation
comprising Mr. Justice P.C. Ghose,
Member and Mr. Jaideep Govind,
Secretary General of the
Commission.
Justice Dattu was appointed to this
position in 2016 after emerging as the
unanimous choice of the NHRIs from
the Asia Pacific region. He is
representing the Asia Pacific region
along with the representatives of three
more NHRIs in the region at the
GANHRI Bureau meetings. Justice
Dattu’s vast experience and legal
expertise is considered useful in
giving a shape to the approach to the
GANHRI on the human rights issues
being faced by the international
community.
The GANHRI Bureau is an
important human rights body,
which serves as the Management
Committee of the GANHRI. The
GANHRI Bureau implements all the
decisions of the GANHRI General
Meetings and directs the operations
of the GANHRI between these
meetings.
The GANHRI Bureau consists of
sixteen, 'A' status NHRIs, four from
each region, namely, Americas,
Europe, Africa and the Asia-Pacific.
Besides the Annual General Meetings,
the NHRC, India has been regularly
taking part in its activities as an active
Member of the GANHRI.
 Mr. Justice H.L. Dattu,
Chairperson, NHRC, India leads
delegation of the Commission to
Annual GANHRI and APF
Regional Meetings in Geneva,
Switzerland from 4th to 7th
March, 2019
A delegation led by Mr. Justice H.L.
Dattu, Chairperson, NHRC, India
comprising Mr. Justice P.C. Ghose,
Member and Mr. Jaideep Govind,
Secretary General is attending Annual
Meeting of Global Alliance of National
Human Rights Institutions, GANHRI
and Asia Pacific Forum, APF, Regional
Meeting at Geneva, Switzerland from
the 4th to 7th March, 2019. The
Meetings are organized to take a
stock of the activities of the different
NHRIs during the year and strategize
future programmes for the promotion
and protection of human rights.
The General Assembly today elected
Dr. Carlos Alfonso NegretMosquera,
Ombudsman of Colombia since
2016, as GANHRI Chairperson for a
three-year term. From 2019 to 2021
and will take office in March, 2019.
Dr. Carlos Alfonso is a lawyer from
the Universidad Javeriana de Bogotá,
with a specialization in International
Human Rights Law from the
Universidad Alfonso X El Sabio in
Spain. The General Assembly also
elected Dr. Ali Bin Samikh Al-Marri,
Chairperson of the Qatar National
Human Rights Committee, as
GANHRI Secretary.
NHRC National Seminar on the
Role of Buddhas preaching in
realization of human rights at
Sikkim University, Gangtok
from 7th - 8th March, 2019
The National Human Rights
Commission is organizing a two day
National Seminar, on the ‘Role of
Buddha’s preaching in realization of
Human Rights’ in collaboration with
the Sikkim University, Gangtok at
Vol. XVI No. 4 April 2019
Auditorium, Tourism Department,
Government of Sikkim, 5th Mile,
Samdur, Tadong, Gangtok, Sikkim
from 7th – 8th March, 2019.
The NHRC Member, Mrs. Jyotika
Kalra will inaugurate the seminar as
the Chief Guest, which will start at
10.30 a.m. on the 7th March, 2019.
The presidential address will be
delivered by Prof. Avinash Khare, Vice
Chancellor, Sikkim University. It will
conclude with the valedictory session
to be addressed by Mr. Justice
Narendra Kumar Jain, Chairperson,
State Human Rights Commission,
Sikkim at 1.30 p.m. on the 8th
March, 2019.
Besides the inaugural and valedictory
sessions, the seminar will be spread
across four academic sessions
covering the subjects – ‘History of
Buddhism in India: Road Ahead’,
Challenges of Human Rights & Media
in Twenty-First Century’, ‘Self-
realization, Non-Violence & Growing
Role of Buddhism’ and ‘Buddhism
and Women-The Dhamma has no
Gender’.
These sessions will be addressed by
several prominent speakers
including, among others, Prof. Arun
Kamal, Eminent Hindi Writer & Poet,
Sahitya Academy Award Winner from
Patna, Bihar, Mr. Dilip Kumar, Joint
Secretary, NHRC, Dr. Imtiaz Gulam
Ahmed, Professor of Law, Sikkim
University, Prof. Jeta Sankrityayana,
Gangtok, Renowned Buddhist, Mr.
Mithlesh Mishra, IAS, Patna, Writer
& Sr. Bureaucrat, Prof. Ananda Gopal
Ghosh, Jalpaiguri, Renowned
Historian, Dr. Subhash Sharma, IAS,
Patna, Eminent Writer, Mr. Snehasis
Sur, Kolkata, Sr. Journalist &
President Press Club, Kolkata, Dr.
Rajiv Ranjan Giri, University of Delhi,
Dr. Ranjana Kumari, Delhi, Director,
Centre For Social Research, Prof.
19
Pratibha, Dept. of History, Mohanlal
Sukhadia University, Udaipur,
Rajasthan and Prof. P.N. Mishra,
Head, Dept. of Law, Sikkim
University.
The Commission has been organizing
these seminars as part of its series of
National Seminars to build awareness
about human rights in different parts
of the country.
NHRC Open House Discussion
on Rural Development and
Human Rights concludes with
several important suggestions
seeking to reduce gap between
the policies and their
implementation
The National Human Rights
Commission, NHRC, India organized
an Open House Discussion on Rural
Development and Human Rights at
Manav Adhikar Bhawan, New Delhi
today on the 27th February, 2019. In
his inaugural address, Mr. Justice
H.L. Dattu Chairperson, NHRC said
that the objective of the Open House
Discussion is to raise awareness
amongst all the stakeholders with
regard to the linkage between Rural
Development and Human Rights.
He said that the grass root level
democracy ushered in by a
constitutional amendment at the
village level, defines the legal
framework of the Rural Development
Institutions in India. It has a close
link with the rights based approach
to development. He said that the
Commission has come across several
complaints with regard to non-
availability of basic facilities in rural
areas, including roads, electricity,
schools or teachers without schools,
among others.
Justice Dattu referred to a complaint
received in the Commission alleging
that children had to cross a river to
attend their school in the absence of
a bridge. It was constructed after the
intervention of the Commission. He
said that rural development implies
both the economic betterment of
people as well as greater social
transformation, which can be ensured
with the participation of government
agencies, civil society organizations
and NGOs.
Mr. Amarjeet Sinha, Secretary
Ministry of Rural Development,
Govt. of India highlighted various
welfare schemes of the government
aimed at improving the life and living
standards of people in rural areas of
the country. Quoting the global multi
dimensional poverty index 2018, he
said that India has made momentous
progress in reducing multidimensional
poverty, which was almost halved
between 2005/6 and 2015/16,
climbing down to 27.5% from 635
million poor persons to 364 million.
He said that making a difference to
rural poverty is the way forward to
ensure people’s rights, opportunities
and their well being.
Mr. Sinha said that in order to ensure
transparency in the delivery
mechanism, the government has also
started geo tagging of the
beneficiaries with their assets. The
focus of the government programmes
and schemes is to improve the lives
of rural household from prism of
opportunities, human rights and
poverty alleviation, which is very
much in tune with the Sustainable
Development Goal, SDG-17, which
mostly pertains to rural development.
Mr. Sinha said that the lack of health
and education facilities dominated the
social sector neglect, which is now
the key area of government’s focus.
He said that despite Sarva Shiksha
Abhiyan, the learning outcomes are
unsatisfactory and therefore, efforts
Vol. XVI No. 4 April 2019
are on to improve the situation
because education holds the key to
poverty alleviation. Citizen centric
Apps are being developed to provide
an interface locally for grievance
redressal. Public information
campaign is also been encouraged.
All Gram Sabhas have been requested
to put a notice board highlighting the
welfare schemes for awareness.
Social audit tools have been
developed, which can be used to audit
any schemes. Allocation for rural
development has gone up steeply. Mr.
Sinha said that Anganwadis require
having their own good buildings for
which the Centre is providing
financial assistance but the States also
need to pitch in their efforts for this.
The housing in rural areas is being
promoted with a human rights
perspective by provisioning the
construction of houses having a
dignified space of at least two rooms
with an attached toilet, kitchen and a
veranda in 25 sq. meters area.
Employment alternatives are being
worked out for the rehabilitation of
manual scavengers.
Prof. Dr. Nupur Tiwari of Indian
Institute of Public Administration,
Delhi raised concerns on the
Provisions of Panchayats (Extension
to the Scheduled Areas) Act, 1996,
PESA. She said that the
implementation of schemes is uneven
across states. The role of Gram Sabha
and Gram Panchayat lack clarity. The
participants generally felt that there
was still a gap between the policies
and implementation thereof at the
ground level.
Earlier, Mr. Jaideep Govind, Secretary
General, NHRC said that the NHRC
through its various interventions has
been ensuring the benefits of all the
welfare schemes as well as the basic
amenities to the people in different
parts of the country. It has also linked
20
its online complaint registration
mechanism with Common Service
Centres to expand its outreach to the
people in order to get redressal of
their grievances related to rights
violations.
Some of the important suggestions
emerged during the discussions were
as follows:
1. Increase the number of days of
assured employment under
MGNREGA with wages
commensurate with the provisions
of Minimum Wages Act;
2. Ensure mechanism for excess to
justice in rural areas;
3. Improve payment system for
Anganwadi centres as a number
of children still remain
malnourished;
4. Road connectivity and other
facilities apart, ensure availability
of potable water as a major
challenge;
5. Ensure rehabilitation of displaced
persons;
6. Ensure that books and uniforms
reach the school going children
in time and not towards the end
of the academic session in rural
areas;
7. Give some powers, including
judicial and financial to Gram
Panchayats;
8. Synthesize the work related to
various welfare schemes under
different Ministries in a manner
so as to ensure that the
prospective beneficiaries do not
have to run from office to office
in different departments under
various Ministries;
9. Constitute a special task force to
indentify the places of dry latrines
to end the menace of manual
scavenging;
10.NHRC in collaboration with
SHRC and civil society should
ensure access to the grievance
redressal mechanism in rural areas
11. Eligibility criteria for providing
skill development training for rural
people is very high, which,
specially for the rescued bonded
labour, needs to be scaled down
to make it useful for them;
12.Each department under various
Ministries should have a rights cell;
13.Human Rights Defenders, who
raise concerns on the rights
violation of others, should be
defended in collaboration with
civil society organizations;
14.Partnership with media should be
encouraged to build awareness on
various welfare schemes with a
rights perspective;
15.It should be ensured that the
victims of Kamaiya system also
get employment under
MGNREGA and the benefits
under skill India programme.
Besides the NHRC Members, Mr.
Justice P.C. Ghose and Mrs. Jyotika
Kalra, the participants included civil
society representatives Ms. Maja
Daruwala and Sanjoy Hazarika,
CHRI, Dr. Nupur Tiwari, Associate
Prof., IIPA, Mr. Surendra Kumar,
AVARD, Ms. Suman, FIAN, Mr.
Bejwada Wilson, Safai Karamchari
Andolan, Ms. Neha Khandoori, Ms.
Tina Kuriallose, Mr. Vinod Agarwal,
Spl. Rapporteur, NHRC, Mr. Surajit
Dey, Registrar (Law), Mr. Dilip
Kumar, JS(T&R), Dr. Ranjit Singh,
JS(P&A) and other senior officers of
the Commission.
NHRC issues notice to the
Government of Assam over
hooch tragedy; also asks the
Union Home Ministry to issue
necessary directions to the
Directors General of Police of all
the States and UTs to enhance
vigil to check illicit liquor
menace
The National Human Rights
Commission, NHRC, India has taken
Vol. XVI No. 4 April 2019
suo motu cognizance of media reports
that the number of deaths climbed to
143 till the last Sunday after
consuming toxic liquor in Golaghat
and Jorhat districts of Assam on
Thursday night. Reportedly, there are
more than 300 people admitted for
treatment in the hospitals. As per
news report, the police authorities
have expressed apprehension that the
Methanol used in the hooch is the
reason behind the deaths but the exact
cause of death will be known only
after the examinations are conducted.
The Commission has issued notices
top the to the Chief Secretary,
Government of Assam calling for a
detailed report in the matter, within
four weeks including action taken
against the officers/officials, relief
and rehabilitation provided to the
victims and their dependents along
with status of the medical treatment
being provided to those who are still
fighting for their lives in the hospitals.
The Commission also expects from
the union Home Secretary to issue
necessary directions to the Directors
General of Police of all the States and
UTs calling upon them to look into
the matter personally and issue
relevant guidelines to enhance police
patrolling and vigil in the affected
areas of their states and take strict
legal action against the culprits. If
necessary, special teams at the district
level be constituted to clamp down
on the perpetrators of law, in an
effective manner. Response from the
Union Home Secretary is expected
within four weeks.
The Commission has observed that
a few days back, it had expressed
concern over the death of people in
hooch tragedy in Uttar Pradesh and
Uttarakhand as apparently, the State
authorities had failed to take effective
measures and stringent action against
21
the errant officials and the violators
of law. It appears that this issue of
spurious and illicit liquor is not
restricted to one or two states rather
it has become a serious issue at the
national level. The law is very much
in existence to deal with this menace
but in view of present scenario, it
seems that there is a need to sensitize
the police and the excise authorities
in the states to be more active and
vigilant so that precious human lives
are not lost. An effective mechanism
is required to be evolved to curb the
unlawful network of spurious liquor
manufacturers and distributors who
are playing with the lives of the
innocent people.
According to the media reports, at
least 20 people, have been arrested
by the police in connection with the
incident in Assam. During a raid at a
godown, the police have recovered
jaggery, alum and urea which are the
main ingredients used in making the
illicit liquor. The Excise Department
has reportedly stated that the poor
quality jaggery, meant for cattle feed
is routed for making hooch and it is
impossible to check its sale. The
records furnished by the Excise
Department however expose lapses
on their part.
Reportedly, two persons were
arrested from Jugibari village of
district Golaghat in December, 2018.
The village is adjacent to “Halmira Tea
Estate” which supplies hooch to the
local distributors. The distributors,
reportedly, purchased five liter cans
for between Rs. 350 to Rs. 450 to
sell it to the consumers. One of the
villagers had stated that there were
at least three persons in the village,
who instead of making hooch from
jaggery, just mixed spirit with water
and sold it openly. It is also mentioned
in the news reports that some people
mixed spirit with liquor before
consuming, which led to their deaths.
Reportedly, as many as five
suspected distributors of the hooch
were also among the dead.
As reported in the media, the State
Excise Minister hadstated that the
phenomenon of “Sulai” (hooch)
consumption was not just restricted
to Assam but all of the North-East.
He promised to clamp down on the
network of illicit distribution and take
action against the guilty excise
officials, after the inquiry. The news
report also states that more than seven
lakh liters of illegally distilled liquor
had been seized in the State of Assam
from April, 2016 to November, 2018.
NHRC issues notice to the
Government of Tamil Nadu over
reported denial of basic
amenities to garment industry
workers in the state
The National Human Rights
Commission, NHRC, India has taken
suo motu cognizance of a media
report highlighting the plight of
thousands of the garment factory
workers, who are employed in large
number at Factories and Mills in
different parts of Tamil Nadu. The
news report reveals that many of the
factories and mills in the state, which
is the largest textile and garment
industry hub in the country, operate
informally with inferior working
conditions and poor grievance
mechanism for their workers. The
media report is based on the
interviews of some women garment
industry workers, aired by three radio
stations, which are free and broadcast
through mobile phones, set up across
Tamil Nadu, during last year.
The Commission has observed that
the contents of the news reports, if
true, raise a serious issue of violation
of human rights. Accordingly, it has
issued a notice to the Chief Secretary,
Vol. XVI No. 4 April 2019
Government of Tamil Nadu calling and narrated her story as to how she
for a detailed report in the matter queued three times to use one of the
within four weeks. only two toilets provided by the
factory owner, for 200 employees
It has observed the reported denial where she is working in Chennai. She
of basic facilities to the workers, told during radio broadcast that due
employed at these industries is a to scarcity of the toilets, the factory
matter of concern for it. Toilets, workers have been forced to use a
Drinking water, First-aid and Special corner of the mill as a toilet where
provisions for the female workers are waste cotton is discarded during the
the most crucial and primary process. The humiliated lady decided
requirements at the workplaces. to share her daily ordeal and the
Denial of the basic facilities by the factory managers have now,
factory owners to their employees is reportedly, begun to add more toilets
not only violation of the law and at her workplace.
prescribed norms but a serious
violation of human rights. The
workers have right to dignity. There
is a need for the authorities to look Please subscribe to
into the matter and take action. A
national level campaign for cleanliness
Human Touch
is going on across the country which and support us for
is being promoted by the Government
of India in collaboration with the creation of a just
states and it includes proper toilets, and equitable
sanitation and clean environment.
Irregularities as mentioned in the society
news report are in violation of the
“Clean India Campaign”.
The Commission has said that going
by the contents of the media report,
it appears that the workers at these
garment factories and mills are
working in miserable conditions.
There is no formal grievance
mechanism available for the workers
due to which, even the basic amenities
at these places are absent. It has also
commended that radio stations set up
across the state of Tamil Nadu for
raising such issues. Visit our website at :
www.humanrightsnews.net
According to the media report,
carried today on the 21st February,
and
2019, these radio stations are giving www.manavadhikar.net
voice to the thousands of garment for online
workers, whose grievances remained
unheard by the authorities, so far. A human rights updates.
woman, working in a garment
factory approached the radio station
22
 International Human Rights Update
Why Independent Groups Don’t
Need Government Supervision in
Brazil
When people organize peacefully to
end abuses, hold their governments
accountable, or provide services to
improve quality of life for themselves
or others, they often form non-
governmental organizations—NGOs.
A network of NGOs, charities, and
other independent groups is an
essential part of any free society.
In Brazil, such groups work on
issues ranging from violence against
women to environmental problems,
including the pesticide poisoning of
rural communities and the collapse
of mining dams. Whether you agree
with any one group’s particular
causes or not, all Brazilians are better
off living in a society where they can
operate without unreasonable
government restrictions or
interference. This is why the
Constitution of Brazil provides full
freedom of association for lawful
purposes.
So, it is alarming that President Jair
Bolsonaro—and some members of
Congress—are rushing to monitor
and potentially restrict NGOs.
President Bolsonaro signed an
executive order on inauguration day
giving Government Secretary Carlos
Alberto dos Santos Cruz—a retired
Army general -- authority to
“supervise, coordinate, monitor, and
track” the “activities and actions” of
local and international NGOs
operating in Brazil.
The measure has raised alarm bells
in civil society, and Congress is
Vol. XVI No. 4 April 2019
debating whether to ratify, suppress,
or change it.
Given the outcry, Congresswoman
Beatriz Kicis, a Bolsonaro supporter,
has proposed axing the word
“supervise.” She’d like to substitute
“keep track of” NGOs’ actions and
achievements, and she’d specify that
the aim is to “verify their compliance”
with Brazilian law.
That may sound better, but it doesn’t
make Bolsonaro’s move any less
frightening. His failure to identify a
need to ratchet up monitoring and
surveillance calls into question his
true motives.
Besides, Santos Cruz has made quite
clear that the aim of the measure is
to exercise control. When two
colleagues and I met with Santos
Cruz in January, he confirmed his aim
to “supervise” all nongovernmental
groups, whether funded by private
or public money. When we objected,
he insisted the measure would harm
only “bad NGOs,” not “good NGOs.”
He gave no criteria for judging,
beyond his own opinion.
Various governments have used
similar tactics to control NGOs, limit
their impact, or impede their
operation, as if they were enemies.
Nearly a decade ago, Venezuela
banned international funding of NGOs
that “defend political rights” or
“monitor the performance of public
bodies.” In Turkey, an amendment
23
to this year ’s Regulation on
Associations requires NGOs to
provide data on members, including
name, work, educational status,
identification number, and date they
joined. In Egypt, a law passed two
years ago under the guise of
regulation criminalized the work of
many groups.
If you don’t like hearing this from
someone employed by an NGO,
consider a different critic. In its 2017
Global Risks Report, the World
Economic Forum (Davos) warned
that dangers raised by the closing of
civil-society space include instability,
polarization, fragile governance, and
erosion of basic civil and political
rights.
That’s not where Brazil needs to go.
Congress should reject the NGO
snooping order.
Malaysia: Don’t Quit
International Criminal Court
Malaysia’s decision to withdraw
from the International Criminal Court
(ICC) barely a month after joining
makes a mockery of the
government’s commitment to justice,
Human Rights Watch said today. On
April 5, 2019, Prime Minister
Mahathir Mohamad announced that
because “certain quarters [had]
criticized the issue,” the cabinet had
decided to “avoid political confusion”
and withdraw from the court’s Rome
Statute.
“By quitting the ICC, Malaysia’s
government is undermining its
credibility on human rights reforms,”
said Phil Robertson, deputy Asia
director. “Rather than stand up for
justice, the government caved to
pressure from former ruling parties
and certain hereditary rulers.”
When Malaysia acceded to the
Rome Statute on March 4, Foreign
Minister Saifuddin Abdullah
declared Malaysia's commitment “to
combating international crimes for
global peace and security,” saying
that “Malaysia stands ready to work
with all state[s] parties in upholding
the principles of truth, human
rights, rule of law and
accountability.”
In the ensuing weeks, the opposition
alliance of the United Malay National
Organization (UMNO) and Parti
Islam Se-Malaysia (PAS) criticized
the government, alleging that joining
the ICC would harm the rulers and
Malaysia's sovereignty. The crown
prince of Johor state alleged that the
government had not consulted the
hereditary rulers, and said the king
could face prosecution for war
crimes “orchestrated” by individuals
seeking to damage the royalty.
These criticisms reflect a
fundamental misunderstanding of the
role and practices of the ICC. The
ICC is a court of last resort, and only
steps in when national authorities are
unable or unwilling to deliver
credible justice for the grave
international crimes under the ICC’s
jurisdiction.
This latest reversal on human rights
follows the government’s
backtracking on its pledge to ratify
the International Convention on the
Elimination of All Forms of Racial
Discrimination and its decision in
November 2018 to lift a moratorium
on using the draconian colonial-era
Sedition Act.
Vol. XVI No. 4 April 2019
“The Malaysian government’s
standing on international justice has
taken a nosedive because of
misleading and unpersuasive
criticism of the ICC,” Robertson
said. “Unless the government stands
firm on its original decision to join
the ICC, it will be putting its whole
human rights reform agenda at
risk.”
Make Public New Draft NGO
Law in Egypt
The Egyptian government announced
on April 5, 2019 that it “will repeal”
its draconian 2017 NGO law and that
it will submit to parliament a new
draft law on nongovernmental
organizations. Egyptian newspapers
reported that the new draft law
eliminates the criminal penalties for
non-compliance in the 2017 law, and
limits oversight of these groups to a
single government authority, also in
contrast with the multi-authority
review of the prior law.
The government has not made the
new draft law public. The parliament
will need to discuss and approve the
draft and the president will need to
sign it before it becomes a law.
The following quote can be attributed
to Sarah Leah Whitson, Middle East
and North Africa director at Human
Rights Watch.
“Repealing Egypt’s draconian 2017
NGO law, which could have ended
any meaningful existence for
nongovernmental groups in the
country, and replacing it with a law
that eliminates all prison penalties for
nongovernmental groups and their
staff would be a positive move. The
government should quickly publicize
this draft so that civil society, which
will be most affected by the law, has
an opportunity to review and
comment on its contents.”
24
Free Opposition Leader From
House Arrest in Cambodia
Cambodian authorities should
immediately and unconditionally
release opposition party leader Kem
Sokha from house arrest and drop
the politically motivated criminal case
against him, Human Rights Watch
said today. Sokha, president of the
Cambodian National Rescue Party
(CNRP) at the time of his arrest, has
been without his freedom for over
18 months.
On March 19, 2019, an investigating
judge in Cambodia’s politically
controlled courts rejected Sokha’s
renewed request to drop the charges
against him. The judge provided no
update or additional information about
the completion of his investigation
and whether the case will be sent to
trial.
“For a year and a half, Cambodian
authorities have imprisoned Kem
Sokha, first in a remote jail and now
in his own home; denied him visits
from colleagues, diplomats, and
journalists; and conducted a baseless
investigation with no end in sight,”
said Brad Adams, Asia director. “The
government should immediately end
Sokha’s arbitrary detention and
release him.”
On September 3, 2017, eight
members of Prime Minister Hun
Sen’s personal bodyguard unit and
about 100 police officers arrested
Sokha at his home in Phnom Penh.
An investigating judge charged him
with “colluding with foreigners”
under article 443 of the Cambodian
criminal code, which carries a
maximum penalty of 30 years in
prison. He was immediately stripped
of his parliamentary immunity on the
grounds that he was caught in the
act of committing a crime, even
though the purported evidence
against him was a highly edited video
of a speech he gave in 2013, more
than four years earlier, in which he
explained that his party had received
advice from a United States-based
NGO.
On June 5, 2018, the United Nations
Working Group on Arbitrary
Detention, a body of independent
experts, declared Kem Sokha’s
pretrial detention “arbitrary” and
“politically motivated,” and said that
Cambodian authorities should
immediately release him.
Sokha spent a year in pretrial detention
in a remote jail during which his health
sharply deteriorated. On September
10, 2018, a judge ordered him
released under highly restrictive
conditions of judicial supervision that
amount to house arrest. Under article
208 of Cambodia’s criminal
procedure law, the investigating judge
may only detain a felony suspect on
legally justified grounds for up to 18
months. However, the judge has wide
discretion to determine bail conditions,
which allows for severe restrictions
on the suspect’s freedom of
movement and other rights. There is
no provision in Cambodian law that
allows for house arrest.
Marking the 18-months Sokha has
spent in detention, senior members
of his since-dissolved party issued a
statement on March 3, describing
him as “the symbol of positive change
and non-violent struggle for freedom,
respect for human rights and
democracy in Cambodia.”
Sokha’s arrest was soon followed,
in November 2017, by Hun Sen’s
decision to dissolve the CNRP. The
CPP-controlled Supreme Court also
banned 118 CNRP members from
political activity for five years. The
Cambodian authorities have since
forced into exile most of the party’s
Vol. XVI No. 4 April 2019
senior leadership on the basis of
fabricated harassment charges.
These moves were made in advance
of national elections in 2018, in which
the CNRP was expected to challenge
the longstanding rule of the CPP. On
July 29, 2018, the CPP staged
elections without a major opposition
party, extending its autocratic rule for
another term.
“Prime Minister Hun Sen has used
every unlawful trick in the book to
solidify his one-party authoritarian
rule and remove the one viable
opposition party,” Adams said.
“Cambodia’s donors and trade
partners should insist on Kem
Sokha’s unconditional release as a
first step to stop Cambodia’s
precipitous human rights slide.”
Video Exposes Beatings by
Nigerian Security Forces
Video footage circulating online
appears to implicate Nigerian security
forces engaged in abuse of a group
of men. The footage shows around
two dozen armed men wearing
military camouflage repeatedly whip
about 15 men. The beating caused
huge welts on the victims’ backs.
They were forced to lay on the
ground, screaming in pain. One man
was ordered to keep his eyes open
despite the blazing sun. A man in
uniform could be heard saying that
the victims were bandits. Another
man wore a shirt with the insignia
“Special Force.”
In January, the Nigerian Air Force
(NAF) deployed 1,300 special forces
to Zamfara and Benue States.
On March 30, the NAF said in a
statement that NAF officials attached
to a joint military team stationed at
Galadi, Zamfara State, were
involved in the incident. They
denounced it as a human rights
25
violation, and promised to investigate
and take appropriate disciplinary
measures against those involved.
The statement alleged that the victims
were bandits about to execute an
attack in Shakanfi local government
area of the state.
Nigerian security forces have
previously been implicated in serious
abuses, followed by promises of
investigations that have failed to lead
to significant outcomes. On January
17, 2017, a NAF airstrike on a
displacement camp in Rann, Borno
State, killed 70 people and injured 120
more, allegedly because displaced
people were mistaken for Boko
Haram fighters. Despite repeated calls
for accountability, authorities failed
to release the investigation report or
to compensate victims.
An August 2017 Presidential Judicial
Panel was inaugurated to investigate
compliance with human rights
obligations and allegations of war
crimes and other abuses by the
military, including against Boko
Haram suspects in the northeast; the
December 2015 killing of 347 Shia
Islamic Movement of Nigeria
members in Zaria, and pro-Biafra
protesters in the southeast. Almost
two years later, the panel’s findings
are yet to be released and no effort
has been made to ensure
accountability or reform.
While steps towards investigation
are important, authorities should go
beyond constituting panels and
boards if they are to end impunity
for security forces abuses. They
should ensure prosecution in fair
and open trials of the military
officials implicated in torture and
other abuse of detainees, as well as
in previous cases of abuse, to
demonstrate their genuine
commitment to justice.
 The Unpredictable:
Monsoon & Agriculture in India
N
o other climatic phenomenon
affects the lives of so many
people around the world on an
annual basis than the monsoon. India
is one among few countries whose
agriculture and economy critically
depend on the rains of the summer
monsoon. Moreover, these countries
are home to most of the world’s
population and with the exception of
Japan, Singapore, South Korea and
Taiwan, are not industrialized.
Ninety-five percent of all rice is
produced and consumed in monsoon
Asia.
The impact of an abnormal monsoon
is tremendous. Damages can cost in
the millions. Characterized by either
being too wet or too dry, an abnormal
monsoon can result in the loss of
seasonal employment, shortages of
food and income, and the spread of
disease. Those violent contacts with
nature can also be felt in subsequent
years. It is therefore understandable
that India possesses one of the
densest and most continuous surface
climatological station networks in the
tropics.
It is said that an abnormally wet
monsoon is better than a dry one.
India’s rice production is directly
proportional to the season of rains.
For example in 1965-66, rainfall was
about twenty percent below normal
in 14 of the 32 meteorological
subdivisions of India causing rice
production to decrease substantially
and famine to ensue. Whereas a wet
monsoon, despite causing much
human misery and suffering,
improves groundwater availability and
Vol. XVI No. 4 April 2019
allows good crops to grow after the
receding of the excess waters.
Monsoon which directly impact
agriculture is an important segment
of the economy because of the
following reasons:
· It produces about a quarter of
the GDP.
· Provides raw materials for a
fifth of the industry.
· Generate demand for industrial
goods.
· Nearly 40 per cent of the
manufactured consumer
goods are sold in rural areas.
· 60% of the population depends
on agriculture for livelihood.
Since attaining independence in 1947,
India has taken enormous strides
toward freeing herself from
dependence of the vagaries of the
monsoons. With the aid of the
international community, India has
made concerted efforts to improve
both short and long-term forecasts
in order to alert farmers and manage
resources. Nevertheless, even today
it is not far wrong to say that “in India
scarcity is only a missed monsoon
away”.
This year in 2009 as the threat of
drought looms up across India thanks
to this season’s seriously deficient
monsoon - so far - it looks as if the
days when India’s farming was
referred to as a ‘gamble with the
monsoons’ are returning. There is
growing evidence to suggest that
26
climate change is making the
monsoons more unpredictable and
worsening the severity of events like
floods and droughts. The rainfall
situation in parts of north and
northwest India does not look good.
Deficient rains threaten agriculture in
States like Punjab, Haryana,
Uttarakhand, Uttar Pradesh, and
Himachal Pradesh, although there is
still some hope of a recovery. The
India Meteorological Department
reports that the country as a whole
received “near normal rainfall” during
the week ending July 8. Of 36
meteorological sub-divisions, rainfall
was normal or higher than normal in
21 and deficient or scanty in 15
during that week. However, it was
“deficient by 59 per cent over
northwestern India.” If the ‘grain
bowl’ States fare any worse, fears
over crop failures would be natural.
A normal July can account for a third
of the season’s total rainfall. Of the
four months in the season, July
rainfall has the most critical impact
on agriculture.
The last time India suffered a drought
was in 2002, when economic growth
slumped to four percent, dramatically
illustrating the impact of monsoons
on the economy. The following year
when India had the best rainfall in five
years, the economic growth sprang
back to 8.5 percent. In 2004, the rains
were the second lowest in two
decades and growth slowed to 6.9
percent. The nine percent growth
India experienced in 2005 and 2007
was accompanied by normal rainfall
during those years.
In 2006, Cherrapunji in India’s
northeast - famed as the wettest place
on earth - received considerably
lower amounts of rainfall, whereas
arid, desert states such as western
Rajasthan received unusual amounts
of rainfall, bringing in its wake all
manner of calamities, including
diseases.
The July 2005 Mumbai deluge
wreaked havoc in the western
metropolis, causing billions of dollars
of damage and the loss of hundreds
of lives. Surging floodwaters
triggered by the 2002 monsoon killed
more than 800 people in Bangladesh,
India and Nepal and displaced
millions. This year Cyclone Aila
devastated coastal Bangladesh leaving
over 24,000 people homeless, and
destroying large tracts of mangrove
forests.
The Indian subcontinent lies close to
the centre of the monsoonal region,
and despite a gradual shift away from
agriculture, India is still largely an
agrarian state with agriculture
accounting for a third of its Gross
Domestic Product. Only about 40
percent of the land is irrigated -
leaving farmers exposed to the
vagaries of monsoons. India’s
farming is focused on feeding
domestic demand and follows the
country’s long-held policy of
maintaining food self-sufficiency.
Vol. XVI No. 4 April 2019
India’s long stagnant agriculture
sector, which has grown only 2%
over the last decade, has already led
to much farmer distress. Instances
of farmer indebtedness and suicide,
already frequent, could go up.
Although experts point out that there
is no immediate threat to India’s food
security after last year’s bumper
crop last year, low yields could make
the proposed Food Security Act,
new legislation that aims to provide
poor families with a legally
enforceable right to food, practically
difficult to implement. The effects
are being felt beyond the farms in
urban areas as well, which are
reeling under water and power
shortages due to declining water
levels in reservoirs that provide both
water and hydroelectricity.
Changes to India’s annual monsoon
are expected to result in severe
droughts and intense flooding in
parts of India. India has made little
advance in monsoon management,
whether in forecasting or planning
for it, over years. But right now, the
need is for clear-sighted and firm
policy intervention that provides
confidence to the people that the
system can cope with any
contingency. Climate change and its
impact must form a part in all
government as well as non
government initiative.
27
Climate change studies undertaken
so far reveal that action is essential
in order to prevent long term damage
to India’s water cycle. The livelihood
of a vast population in India depends
on agriculture, forestry, wetlands
and fisheries and land use in these
areas is strongly influenced by
water-based ecosystems that
depend on monsoon rains. Changes
to the water cycle may also cause
an increase in water borne diseases
such as cholera and hepatitis, as well
as diseases carried by insects such
as malaria. There is need of having
following plan of actions with
proper schedule to conserve water.
1. Making of concrete reservoirs
in all villages, equipped with
pumping facilities, pipelines
for distribution & filtration
system. Gujarat Govt has
already initiated actions & has
made many reservoirs in the
state.
2. Linking of rivers as for as
possible.
3. Compulsory Rain water
harvesting
4. Water maker plants in coastal
areas for converting sea water
into potable water
5. As India’s 90 % agriculture
depends on monsoon, there is
a need of having a separate cell
in each state to execute this
plan. The monitoring to be
done by Central Govt.
Depending on performance of
state, plane outlay to be fixed
by planning commission.
- HT Bureau
Support us for the
creation of a just and
equitable society
 Need of the Hour:
Overhaul Policing System to Arrest Rights Violations
T
he Indian government should
take major steps to overhaul a
policing system that facilitates
and even encourages human rights
violations, Human Rights Watch said
in a report released in Lucknow on 7
August 2009 at UP Press Club. For
decades, successive governments
have failed to deliver on promises to
hold the police accountable for abuses
and to build professional, rights-
respecting police forces, according
to the report ‘Broken System:
Dysfunction, Abuse, and Impunity in
the Indian Police.’
The report launch was organized by
‘Uttar Pradesh Shehri Gharib
Kaamgar Sangharsh
Morcha’, People’s  Vigilance
Committee on Human Rights
(PVCHR) and Human Rights Watch.
“This 118-page report -Broken System:
Dysfunction, Abuse, and Impunity in
the Indian Police – documents a range
of human rights violations committed
by police, including arbitrary arrest and
detention, torture and extrajudicial
killings. The report is based on
interviews with more than 80 police
officers of varying ranks, 60 victims
of police abuses, and numerous
discussions with experts and civil
society activists. It documents the
failings of state police forces that
operate outside the law, lack sufficient
ethical and professional standards, are
overstretched and outmatched by
criminal elements, and unable to cope
with increasing demands and public
expectations. Field research was
conducted in 19 police stations in Uttar
Pradesh, Karnataka, Himachal Pradesh,
and the capital, Delhi” said Asheesh
Vol. XVI No. 4 April 2019
Awasthi, Convener, ‘Uttar Pradesh
Shehri Gharib Kaamgar Sangharsh
Morcha.’
“India is modernizing rapidly, but the
police continue to use their old
methods: abuse and threats,” said
Brad Adams, Asia director at Human
Rights Watch in a press statement.
“It’s time for the government to stop
talking about reform and fix the
system.”
A fruit vendor in Varanasi described
how police tortured him to extract
confessions to multiple, unrelated
false charges: “[My] hands and legs
were tied; a wooden stick was
passed through my legs. They
started beating me badly on the legs
with lathis (batons) and kicking me.
They were saying, ‘You must name
all the members of the 13-person
gang.’ They beat me until I was
crying and shouting for help. When
I was almost fainting, they stopped
the beating. A constable said, ‘With
this kind of a beating, a ghost would
run away. Why won’t you tell me
what I want to know?’ Then they
turned me upside down… They
poured water from a plastic jug into
my mouth and nose, and I fainted.”
Several police officers admitted to
Human Rights Watch that they
routinely committed abuses. One
officer said that he had been ordered
to commit an “encounter killing,” as
the practice of taking into custody
28
and extra-judicially executing an
individual is commonly known. “I am
looking for my target,” the officer
said. “I will eliminate him. … I fear
being put in jail, but if I don’t do it,
I’ll lose my position.”
Almost every police officer
interviewed by Human Rights Watch
was aware of the boundaries of the
law, but many believed that unlawful
methods, including illegal detention
and torture, were necessary tactics
of crime investigation and law
enforcement.
The Indian government elected in
May has promised to pursue police
reforms actively. Human Rights
Watch said that a critical step is to
ensure that police officers who
commit human rights violations,
regardless of rank, will face
appropriate punishment.
“Police who commit or order torture
and other abuses need to be treated
as the criminals they are,” said
Adams in the statement. “There
shouldn’t be one standard for police
who violate the law and another for
average citizens.”
Human Rights Watch also said that
while not excusing abuses, abysmal
conditions for police officers
contribute to violations. Low-ranking
officers often work in difficult
conditions. They are required to be
on-call 24 hours a day, every day.
Instead of shifts, many work long
hours, sometimes living in tents or
filthy barracks at the police station.
Many are separated from their families

for long stretches of time. They often
lack necessary equipment, including
vehicles, mobile phones, investigative
tools and even paper on which to
record complaints and make notes.
Police officers told Human Rights
Watch that they used “short-cuts” to
cope with overwhelming workloads
and insufficient resources. For
instance, they described how they or
others cut caseloads by refusing to
register crime complaints. Many
officers described facing unrealistic
pressure from their superiors to solve
cases quickly. Receiving little or no
encouragement to collect forensic
evidence and witness statements,
tactics considered time-consuming,
they instead held suspects illegally
and coerced them to confess,
frequently using torture and ill-
treatment.
“Conditions and incentives for police
officers need to change,” Adams said
in the statement. “Officers should not
be put into a position where they think
they have to turn to abuse to meet
superiors’ demands, or obey orders
to abuse. Instead they should be
given the resources, training,
equipment, and encouragement to act
professionally and ethically.”
“Broken System” also documents the
particular vulnerability to police abuse
Vol. XVI No. 4 April 2019
of traditionally marginalized groups
in India. They include the poor,
women, Dalits (so-called
“untouchables”), and religious and
sexual minorities. Police often fail to
investigate crimes against them
because of discrimination, the
victims’ inability to pay bribes, or their
lack of social status or political
connections. Members of these
groups are also more vulnerable to
arbitrary arrest and torture, especially
meted out by police as punishment
for alleged crimes.
Colonial-era police laws enable state
and local politicians to interfere routinely
in police operations, sometimes
directing police officers to drop
investigations against people with
political connections, including known
criminals, and to harass or file false
charges against political opponents.
These practices corrode public
confidence.
In 2006, a landmark Supreme Court
judgment mandated reform of police
laws. But the central government and
most state governments have either
significantly or completely failed to
implement the court’s order,
suggesting that officials have yet to
accept the urgency of comprehensive
police reform, including the need to
hold police accountable for human
rights violations.
29
“India’s status as the world’s largest
democracy is undermined by a police
force that thinks it is above the law,”
said Adams in the statement. “It’s a
vicious cycle. Indians avoid contact
with the police out of fear. So crimes
go unreported and unpunished, and
the police can’t get the cooperation
they need from the public to prevent
and solve crimes.”
Broken System: Dysfunction, Abuse,
and Impunity in the Indian Police
report sets out detailed
recommendations for police
reform drawn  from  studies  by
government commissions, former
Indian police, and Indian groups.
Among the major recommendations
are:
· Require the police to read
suspects their rights upon
arrest or any detention, which
will increase institutional
acceptance of these
safeguards;
· Exclude from court any
evidence police obtain by using
torture or cruel, inhuman, or
degrading treatment in suspect
interrogations;
· Bolster independent
investigations into complaints
of police abuse and
misconduct through national
and state human rights
commissions and police
complaints authorities; and
· Improve training and
equipment, including
strengthening the crime-
investigation curriculum at
police academies, training
low-ranking officers to assist
in crime investigations, and
providing basic forensic
equipment to every police
officer.
- HT Bureau
Source: Human Rights Watch
 Indirect Reservation:
Best Way to Achieve Conflict-free Society
- Dr. Prem Kumar Sinha

An innovative approach, herein after referred to as indirect reservation, is advocated for easing out tension
which is brewing up among forward and backward groups of people in various countries of the world. It will
expedite pace of empowerment of weaker sections by gently prodding them to improve their performance level.
Moreover, it will, also, gradually diminish the intensity of conflicts among the various stake holders. In the
proposed system of indirect reservation, candidates of weaker sections will have considerably higher motivation
to improve upon their performance. Thereafter, in due course of time, the need for this reservation (preferential
treatment) will itself fade away, without causing any commotion in the society. Moreover, by the early empow-
erment of the people of the weaker sections, productivity and prosperity of the society will increase at a faster
rate which will bring enhanced cheers to all.

The aforesaid scheme of indirect
reservation is formulated below, in
the context of India which can be
applied in other countries, too, to
narrow down the gap in the
achievement levels of different
groups of people:
Of late, India has witnessed large-
scale unrest and agitations due to
demands by various groups of people,
for securing reserved quota for
candidates of their castes, for
admission in government-aided
educational institutions and for jobs
in government organizations.
Consequently, clashes are being
witnessed between those groups who
have already been notified in reserved
categories, such as Scheduled Castes
(SCs), Scheduled Tribes (STs) and
Other Backward Castes (OBCs); and
those groups which aspire to be
included in the aforesaid categories
so that they could also reap the
benefit of preferential treatment
which is bestowed on the candidates
of reserved categories. It is because
the former groups feel that the latter
ones will start competing with them
for a share in the welfare schemes
which are exclusively meant for
them. Therefore, the issue of
reservation (preferential treatment to
some selected groups of people for
any reason whatsoever) should be
tackled intelligently so that the
remaining people (who are deprived
of this kind of preferential treatment)
do not feel so much demoralized and
hurt that they start demanding
reservation for themselves and in the
process vent their anger through
violent agitations.
In India, vote-bank equations compel
political parties to desist from raising
any issue or argument which may be
termed as anti-reservationist and thus
could be used by their opponents
against these parties. Such
constraints have effectively put a lid
on initiating pragmatic measures,
which could provide sustainable
stimulus to the people of the weaker
sections for their early empowerment
and simultaneously shake off their veil
of complacency, which has
somehow crept in due to reservation-
related policies.
It is apparent that schemes like
reservation for the weaker sections
of society were instituted to provide
initial push to the people who have
remained oppressed and marginalized
for centuries in India due to caste-
based excesses of dominant sections.
But I feel that it might not be the
intention of the framers of the
Constitution of India that to
compensate the centuries-old
oppression of weaker sections, now
reverse wave of oppression be
created whereby people of present
generation of some other sections be
penalized for the excesses committed
by their forefathers. Since such a
judicial system which demands an
eye for an eye cannot be
contemplated in a civilized society.
No one stresses openly that
intervention through reservation for
weaker sections should remain in
force for all times to come. Even the
framers of Constitution contemplated
that the tool of reservation should
remain operative initially for ten years,

Vol. XVI No. 4 April 2019 30


thereafter, its utility should be probed.
However, even after six decades of
the Independence, no one thinks that
the concept of reservation has
achieved the purpose for which it was
instituted and thus it can be shed
away, now. From this, one can
conclude that the people of weaker
sections could not attain parity even
after six decades. Thus the noble goal
of reservation as an affirmative
action for a limited period to bring
forward the weaker sections of
people who are socially and
economically backward by giving
them a gentle push, has not
succeeded so far, which the
Constitution framers thought, might
make a significant impact in ten years.
In the Pre-reservation Period, people
wanted to get rid of backward group
tag but now during the Post-
reservation Era, even those people
who were earlier considered
belonging to forward groups, claim
that they are backward so that they
could also enjoy protection enjoined
under reservation. When more and
more people seek to be categorized
Vol. XVI No. 4 April 2019
as backward instead of forward, one
is tempted to think that India is
moving backward as more and more
people are becoming backward.
Therefore, if we are to create an
egalitarian society, early, where all the
people enjoy equitable status and have
equal opportunity to achieve
prosperity, we will have to shed away
the temporary crutches of reservation
sooner than later, otherwise the
prolonged use of these crutches will
incapacitate Indian society for ever.
And we will end up with a caste-based
fractured society whose various
groups of people will ever remain
suspicious of each other and social
strife will be witnessed every now
and then.
Since reservation is one of the most
sensitive and hottest issues in India,
a sudden change in present frame
work of reservation is almost
impossible.Thus need of the hour is
that we should take such steps which
would protect the weaker sections of
society and simultaneously empower
them so much that the need for
31
reservation itself fades away
gradually. Only, thereafter, the real
equality among all citizens of the
country can be materialized.
Therefore, at this point of time, we
should not argue whether we should
have reservation for the weaker
sections or not, as it will stir the
hornet’s nest. Instead, we should
proceed to provide indirect
reservation to the candidates of SCs/
STs/OBCs categories, without altering
their quota share under reservation.
For this purpose, we should find out
from existing data, say, of last five
years that what was the median of
achievement level of successful
candidates of the four categories of
people, viz., GN (General)/SCs/STs/
OBCs, in various reputed public
examinations, which are held for
granting admission in government-
institutions of higher learning and
which are held for finalizing selection
in jobs in government-organizations.
The main idea of choosing data of
reputed examinations is that their
objectivity level is high and secondly,
these have a large data base, thus their
data will be more reliable statistically.
Differences in medians of (i) GN
category and SC category, (ii) GN
category and ST category, and (iii)
GN category and OBC category, will
give a fairly clear picture with regard
to the levels of difference in the
performance of SC/ST/OBC category
candidates vis-à-vis GN (general)
category candidates. Then instead of
assigning direct quota for the
candidates of various reserved
categories, we can give an additional
weightage, equivalent to the
difference observed in the medians
of achievement level of candidates of
these categories vis-à-vis the median
of achievement level of candidates of
GN category. Thereafter, a combined
merit list of all candidates can be
made for the purpose of selection for
admissions as well as jobs. This
system will have many benefits some
of which are mentioned below:
• This will unleash spirit of
competitiveness and the people
of every category will try to
improve upon their performance
as it will enhance their chance
of selection if they perform
better than the candidates of
other categories.
• Those who are benefitted by
reservation, have lower level of
motivation in comparison to
those who do not have
protection of reservation. Thus
the gulf between the achievement
level of those who enjoy
reservation and those who do not
enjoy reservation, will keep on
widening if the reservation quota
system continues in its present
form. If the indirect reservation
as advocated above is practised,
this gulf in achievement level of
general category candidates vis-
à-vis reserved category
candidates will eventually reduce,
meaning thereby, that the
process of empowerment of
weaker sections of people has
taken off in the right direction.
• The tag of backwardness (SC/
ST/OBC) will not be visible, once
a combined merit list is prepared.
It will induce feeling of
uprightness among candidates of
weaker sections, too, who
otherwise do not always enjoy
equitable status with their
colleagues and develop complex
leading to strained relations
within colleagues, which is not
a healthy trend by any yardstick.
Now, I proceed to elaborate as to
how the system of indirect
reservation should be taken forward,
with a view to expedite empowerment
Vol. XVI No. 4 April 2019
of weaker sections as well as
lessening their dependence on the
protection available under the
umbrella of reservation.
After the preparation of a combined
merit list of all categories of
candidates (wherein candidates
belonging to SC/ST/OBC categories
will be having advantage of additional
weightage as discussed earlier), the
next step should be to gradually prune
this additional weightage and reduce
it completely over a period of time,
say, within 20 years, which can be
more or less depending upon the
pace of empowerment of SC/ST/
OBC candidates. To start with,
additional weightage given to
candidates in their respective reserved
categories should be reduced
gradually, say, by 5 percent every
year. However, the regulators should
compute with statistical tools every
year, whether this reduction has
adversely affected chances of
selection of candidates of the
reserved categories?
Case I: If it has not affected the
number of selected candidates vis-à-
vis their allotted quota percentage then
32
it shows that the level of
empowerment of persons of weaker
sections has improved. Case II: If it
is noticed that the number of selected
candidates has fallen in comparison
with the previously allotted quota
percentage for them, then any further
reduction in their additional weightage
should be put on hold, till the
percentage level of their selection
reaches the existing quota limits. Case
III: If it is observed that the number
of the selected candidates of the
reserved categories has increased in
comparison with the previously
allotted quota percentage for them
then it is the most heartening scenario
as it is the real indicator that the pace
of their empowerment has gathered
momentum. In this scenario,
quantum of additional weightage
given for these categories can be
reduced at an increased pace.
I have a hunch that there is larger
probability of recurrence of Case III
scenario. Because, now, the candi-
dates of the reserved categories will
be able to improve their level of
achievement at a faster pace as a re-
sult of newly acquired motivation
which will open up opportunity for

them to improve upon their chances
of selection in comparison with the
general category candidates who are
already at a high pedestal from where
moving further upward becomes in-
creasingly difficult. To clarify this
scenario, I take up the example of
sprint athletes. Suppose, there is a
group of 100 athletes of a country
where sports are highly developed
and these athletes clock a median time
of 10 seconds for a 100 meter dash,
then there is very remote chance that
this group can reduce median of its
racing time further by a wide mar-
gin; even a reduction of 0.05 seconds
would require a commendable effort
on the part of this group. Now, con-
sider a group of 100 athletes from
another country where sports are not
adequately developed, supposing this
group clocks a median time of 11 sec-
onds for a 100 meter dash, then there
is very high likelihood that these ath-
letes can easily improve upon their
median clocking time by a significant
margin, say, by 0.5 seconds or more,
without insurmountable difficulties if
they are properly trained.
It implies that when the score of a
person is in the middle of perform-
ance ladder, he has a better chance
to climb higher than the one who is
near the top of the performance lad-
der. Similarly, the proposed method-
Vol. XVI No. 4 April 2019
ology of indirect reservation for
weaker sections will initially benefit
them more and will constantly moti-
vate them to improve their achieve-
ment level further, which will culmi-
nate in their true and early empower-
ment. In this manner, the aforesaid
system of indirect reservation can
steadily empower people of the re-
served categories and, consequently,
render the need of reservation super-
fluous over a period of time.
A by-product of indirect reservation
will be that the scramble for entry
into the club of SC/ST/OBC catego-
ries will also slow down thereby in-
creasing prospects of enhanced peace
among various groups of people.
Thereafter, there will be fewer
agitations and even lesser conflicts
between the proponents and the op-
ponents of the reservation policy.
Because, everyone would see the end
of the dark tunnel of caste-based di-
visive system, where after no one
would require reservation as there will
be equality among all sections of peo-
ple.
In the existing system of reservation,
beneficiaries become complacent be-
cause they know that their chances
for selection are somewhat limited by
the quota limit, and it hampers pace
of their growth and empowerment.
33
However, in the proposed system of
indirect reservation, candidates of
weaker sections will have consider-
ably higher motivation to improve
upon their performance, because it
will enhance their chances of selec-
tion dramatically.
However, there is a word of caution:
If we are unable to dispense with the
existing quota system and reserva-
tion debate is not put to an end soon;
harmony and prosperity of the coun-
try will remain severely compro-
mised. Thus, I plead that since man-
kind could make mistakes, societies
should be receptive to the new ideas
rather than remaining stuck to rigid
doctrine of the existing reservation
policies. Accordingly, the people must
seriously weigh the pros and cons of
the methodology of indirect reserva-
tion as suggested above, as here is a
chance which we should not miss!
In the end, it is submitted that
though the aforesaid scheme of
indirect reservation is formulated
in view of the ground realty pre-
vailing in India, its methodology
can be applied in other countries,
also, to narrow down the gap in the
achievement levels of their differ-
ent groups of people.
- The author is working as the
Assistant Registrar (Academic) at
Dayalbagh Educational Institute,
Agra.
The article is available online at
http://www.curingindia.com/
Visit our social media page at
: https://www.facebook.com/
humantouchmagazine/
for online
human rights updates.
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