Right to life of dignity is universal !
Jagdish N Singh
Democracy is
supposed to
guarantee everyone
the right to live with
dignity. Its laws are
supposed to be
executed by the state's agencies in
ways that everyone gets a decent
treatment while in prison for any court
trial. Regrettably, our agencies have
generally not treated properly the
prisoners belonging to the have-nots .
They are often humiliated or
maltreated during their trial. In
contrast , the agencies have remained
too courteous to the members of the
privileged class in similar cases .
According to an estimate, the
situation is so bad that between 2012
to 2015 alone, 551 prisoners met an
unnatural end in custody. The good
news is the Supreme Court has recently directed our high courts
across the country to register suo motu
Public Interest Litigations to identify
and compensate the next of kin of the
prisoners who died an unnatural
death.
Ordinary prisoners are handcuffed
and paraded on the road
The bench of Justice Madan B Lokur
and Justice Deepak Gupta has said,
"The constitutional courts can go on
delivering judgement after judgement
on this issue and award compensation,
but unless the state realises that
custodial death is itself a crime and
monetary compensation is not
necessarily the only appropriate relief
that can be granted to the next of kin of
the deceased, such unnatural deaths
will continue unabated."
The Court has observed "even
prisoners are entitled to live a life of
dignity." The government can't "shirk
its duties and responsibilities for
providing better facilities to prisoners...
If the fundamental right to life and
liberty postulated by Article 21 of the
Constitution is to be given its true
meaning, the Central Government and
the State Governments must accept
reality and not proceed on the basis
that prisoners can be treated as chattels."
The Court has asked the
government to be "far more
circumspect in arresting and detaining
persons, particularly under-trial
prisoners who constitute the vast
majority of those in judicial custody".
The court has also observed : "The
right to health is undoubtedly a human
right and all state governments should
concentrate on making this a reality for
all, including prisoners."
Transparency is a must
Chief Justice of India Dipak Misra
The Supreme Court Collegium,
headed by Chief Justice of India
Dipak Misra, deserves applause for
having resolved to go public with all
its recommendations to the
government on judicial
appointments, transfers and
elevations to the High Courts and the
Supreme Court. The Collegium has
also decided to indicate the reasons
for its recommendations or
rejections of names in the cases.
Significantly, the Supreme Court
has reportedly already posted online
detailed reasons for its recent
recommendations for judicial
appointments to the Madras and Kerala High Courts. Ever since the
system was introduced in the Second
Judges case judgment in 1993, the
Collegium's working had been
shrouded in mystery.
One hopes now our Governments
at the Centre and in the States would
also follow the Apex Court in their
own jurisdictions. The governments
make many appointments and
distribute awards on the basis of
recommendations of certain bodies.
Nobody knows the basis thereof. In
the current process too many clowns
get what they never deserve. All such
r e c omme n d a t i o n -ma k i n g /
manufacturing bodies must go
public on their functioning.
Needless to add, the government
in a democracy has little
discrimination in its decisionmaking.
All decisions have to be
made on transparent, reasonable
grounds
Reaching out to Rohingya Hindus
Rohingya Hindus' mass grave
The predicament of minorities in
most of the member-states of the
United Nations is more or less the
same. They suffer at the hands of the
goons of the majority communities
and their possible accomplices from
within their own communities. Recent
reports about the plight of Hindu
minorities in Myanmar are highly
disturbing.
According to one report, a mass
grave containing the bodies of 28
Hindus, including women and
children, in Rakhine State, has been
discovered in the village, Ye Baw Kya,
near a cluster of Hindu and Muslim
communities in northern Rakhine.
Thousands of Hindus have fled
villages where they once lived
alongside Muslims.
Clearly, the Burmese government
has failed in honouring its
fundamental obligation to protect its
own people's right to life. According
to some reports, the Arakan Rohingya
Salvation Army has been behind this
slaughter. Rohingya Muslims demand
the first class red citizenship cards that the Moghs [Rakhine] have.
Rohingya Muslim hard-liners resent
the Hindus have accepted second
class citizenship in Myanmar. They
think that it is because of this that the
government in Myanmar is willing to
give Muslims only the second class
citizenship.
Knowledgeable sources say the
government should have looked into
their demand for citizenship. The
Burmese security and intelligence
agencies should have protected the Hindus. All foreign governments
should help out the suffering
minorities – Muslims as well as Hindus
--in Myanmar.
Unfortunately, some governments
are ignoring this. They are too focused
on their own present economic
interests in the region. Pakistan has of
late been negotiating with Myanmar
for licensed production of its third
generation fighter aircraft JF 17 (coproducing
with China). The Gulf
countries are interested in their own
trade and investment opportunities.
All civil society groups must find
out the truth in the case and stand by
the suffering minority Hindus. They
should not be selective in defending
human rights. The civil society groups
must act in an enlightened manner.
Some rights groups are being
highly selective in exposing and
condemning elements behind
communal incidents. This is not fair.
Glossing over the rights violations of
any individual or group is crime
against human conscience.
Right to self-defence not absolute
Las Vegas shooting
The mass shootings in Las Vegas
last month show how the right to selfdefence
is being misused in the
United States today. According to
reports, fifty-nine people were killed
and at least 527 hurt that night when
Stephen Paddock rained gunfire on a
music concert in Las Vegas. The
gunman fired on the crowd of about
22,000 people from the 32nd floor of
the Mandalay Bay Resort and Casino, several hundred feet southwest of the
concert grounds.
Knowledgeable sources say mass
shootings have of late been frequent.
The Las Vegas tragedy is preceded by
several such incidents. In the last 16
years there were 52 mass killings. The
mass shooting is defined as one
involving more than four. That makes
the number of mass shootings much
higher.
At the root of this problem is the
people' absolute right to own guns for
their self- defence. The government
must do something about it. It could
introduce background checks in gun
ownership. The National Rifle
Association and gun manufacturers
would better back the government in
controlling the mass shootings.
Does the UN care for Tibet ?
Tibet
Talk to Tibetan officials -in-exile and
you are likely to get the impression
they have high expectations
from the United Nations. They
seem to think the world body
would help them achieve their
goal of genuine autonomy. Are
their expectations likely to be
met? The pattern of the UN
behaviour is hardly affirmative in
the case.
It is well documented the
Tibetan monarchy was a strong
military power in 7th-9th
centuries and had a tremendous
influence over China. Mongol
emperors in China converted to
Buddhism. The situation
changed in the wake of the
decline of Tibetan monarchy. After the
institution of the Dalai Lama came into
existence in the 14th century, the
Mongol rulers provided security to
Tibet. China, however, was always too
far to exert any influence on Tibet's
internal affairs.
The Chinese imperial Manchu army
conquered Tibet somewhere for the
first time in 1909. It was only at the
Shimla Conference (1914) that China had exclusive rights over the foreign
affairs and suzerainty of Tibet. The Conference also established the
McMahon Line as the international
border between British India and
China (it did not accept this).
But the United Nations has never
helped Tibet. After communist China
attacked the Tibetan heartland in
1950, the Dalai Lama appealed to the
United Nations for help. He wrote, "As
long as the people of Tibet are
compelled by force to become a part of China against their will and
consent," it will be "the grossest
instance of the violation of the
weak by the strong." His appeal
fell on deaf ears in the United
Nations.
China forced the 1951 Sino
Tibetan treaty, the first ever
between Beijing and Lhasa. After
what happened thereafter
leading to the 1959 Tibetan
uprising and compelling the
Dalai Lama to escape to India,
the United Nations International
Commission of Jurists did report
the Chinese action "points to a
prima facie case of genocide"
(against the 1948 Genocide
Convention) and "a prima-facie
case of systematic intention to destroy
Tibetans as a separate nation and the
Buddhist religion in Tibet." The UN
General Assembly recognized the right
of the Tibetan people to selfdetermination
through its Resolution
1723 (XVI), December 20, 1961. There
was a UN debate based on its
resolutions of 1959, 1961 and 1965.
But, again, there was little help on the
ground.
Campaign against nukes
Berit Reiss-Andersen
It is heartening that the
International Campaign to Abolish
Nuclear Weapons (ICAN) has won
the Nobel Peace Prize this year. Its
efforts to rid the world of the
atomic bomb have been
commendable. Founded in Vienna
in 2007, ICAN comprises more
than 400 NGOs. It was a key player
in the adoption of a historic
nuclear weapons ban treaty. The
ICAN must be encouraged to carry
forward its mission.
Norwegian Nobel committee
president Berit Reiss-Andersen
rightly said, while announcing the
prize in Oslo, "We live in a world where
the risk of nuclear weapons being used is greater than it has been for a long
time... Some states are modernising their nuclear arsenals, and there is a
real danger that more countries will try to procure nuclear weapons, as
exemplified by North Korea."
The nuclear weapons ban
treaty has so far been signed at
the UN by 122 countries. None of
the nine known nuclear powers -
the United States, Russia, Britain,
France, China, India, Pakistan,
Israel and North Korea—has
signed it . The global atomic
weapons stockpiles have
plummeted — from around
64,000 warheads in 1986 at the
height of the Cold War to more
than 9,000 in 2017. But the
number of nuclear-armed nations has
grown. Russia has the world's largest
atomic stockpile.