Shillong, Jan 19: NNN : Asian Centre for Human Rights (ACHR) while making its submission urged the Government of India (GoI) today to pledge for the abolition of the death penalty before the UN Human Rights Council when it comes for examination under the Universal Periodic Review in May 2012. ACHR stated that inviting comments from the civil society organisations through email or fax is highly inadequate and the government of India (GOI ) must organise a national consultation with the civil society organisations, the National Human Rights institutions and parliamentarians before it submits the National Report to the UN Human Rights Council.
\n\u201cIn 2010 alone, death penalty was given to 137 convicts which exposes the hollowness of government of India\u2019s claim for application of the \u201crarest of the rare\u201d as the justification for retention of the death penalty. The assurance given by the Government of India to the Government of Portugal for not imposing death penalty to gangster Abu Salem under the \u2018Rule of Speciality\u2019 underlines that death penalty is no longer acceptable as punishment by any civilized society,\u201d stated Suhas Chakma, Director of Asian Centre for Human Rights.
\nIn its submission, ACHR stated that human rights situations in India have deteriorated since 2008 when India\u2019s human rights record was examined by the UN Human Rights Council under its Universal Periodic Review in April 2008. A total of 4,034 custodial deaths and 1,836 cases of torture in police custody during 2008-09 to 2010-11 were recorded by the National Human Rights Commission while a total of 740 civilians were killed in disproportionate use of fire-arms by the police from 2008 to 2010 according to the National Crime Records Bureau. A total of 309 cases of extrajudicial killings were recorded by the NHRC during 2007 to 2009.
\n\u201cThese figures do not reflect the actual number as both the National Human rights Commission and National Crime Records Bureau exclude human rights violations committed by the armed forces and the army. The Assam Police in its website claimed that they have killed 129 persons in encounters during January \u2013 July 2010.\u201d – further stated Mr Chakma.
\nOn denial of personal liberty, ACHR stated that 2,232 persons were detained under preventive detention laws in 2009 including 835 in Tamil Nadu, 356 in Gujarat, 294 in Uttar Pradesh, 182 in J&K and 143 in Manipur.
\nThese figures are miniscule of the actual detention under the preventive detention laws. The Uttar Pradesh Government recently claimed that 1,797 notorious criminals were detained under the National Security Act in the state.
\nACHR said India\u2019s National Report provides only generic information about the legal framework and not the human rights situations and challenges. It fails to state that Jammu and Kashmir does not even a single home for juvenile girls who are detained in the police lock ups and prisons in clear violations of national and international human rights standards.
\nThe UN Human Rights Council in its session in April 2008 made 18 recommendations to the Government of India (GoI). The only recommendation that has been implemented is extending standing invitation to the UN Special Rapporteurs in September 2011 which binds India to allow the Rapporteurs to visit India. While the GoI has recently extended invitations to a number of Special Rapporteurs to visit India prior to the UPR examination in May 2012, it excluded the UN Special Rapporteur on Torture whose request to visit India has been pending since 1993.
\nACHR alleged that the government of India has failed to ratify the UN Convention Against Torture \u2013 a commitment made in 2008. Though the Parliamentary Select Committee of the Rajya Sabha adopted the Prevention of Torture Bill on 6 December 2010, the government failed to introduce the Bill in the last winter session of Parliament.
\nIndia further failed to adopt the National Action Plan for Human Rights despite starting the process in 10 July 1998, it added.
\nQuestioning the lack of seriousness of the Government of India, ACHR stated, \u201cThe entire exercise of the Government of India submitting its report under the UPR and seeking comments from the CSOs appears to be a case of forced marriage\u201d. <\/p>\n\n