Skip to main content

Failing to stand up for human rights, NHRC trying to gain 'backdoor credibility': AiNNI

Counterview Desk 

Henri Tiphagne, national working secretary, All India Network of NGOs and Individuals working with National and State Human Rights Institutions (AiNNI) -- releasing a statement condemning the National Human Rights Commission (NHRC) move to hold the Asia Pacific Form’s (APF’s) 28th Biannual Conference in New Delhi on 20th and 21st September -- has suggested, NHRC is desperately attempting to gain credibility after failing to be accredited with an A grade by the Global Alliance of National Human Rights Institutions (GANHRI) in March 2023.
Underlining that the NHRC “does not deserve any credibility whatsoever under the leadership of Justice Arun Mishra” because of its poor performance, the reason why its accreditation has been deferred by a year, the AiNNI said in a statement, signed by nearly 1,800 civil society activists and supporters, that the NHRC decision to hold APF meet follows Justice Mishra “pathetically failed” to hold an interactive session with civil society on 5th September 2023. 
Pointing out that only seven civil society representatives participated in the interactive meet, AiNNI said, “Responding to the AiNNI appeal, Amnesty International, CIVICUS, Front Line Defenders, International Federation for Human Rights (FIDH), International Service for Human Rights, World Organisation Against Torture (OMCT),South Asians for Human Rights (SAHAR) and others have issued open letters to the APF.”
“We are aware that the NHRC is trying to bring people who have never worked with the NHRC to attend the open session of the APF conference after the human rights civil society has decided to boycott”, the statement said, pointing out, “The AiNNI members from India have also decided to keep away the political show of Justice Arun Mishra, attempting a backdoor granting of ‘A’ grade status, rather than obtaining it by following the recommendations of 2011, 2016, 2017 and 2023.”
“It is time Indian society stood united at the backstabbing of Human Rights Defenders through its inaction by the NHRC”, the statement added.

Text:

We members of Indian civil society, strongly condemn the Asia Pacific Forum (APF) for acceding to the National Human Rights Commission of India (NHRC) request to host its next conference in New Delhi on 20th and 21st September 2023. This is of particular interest to us because the Indian NHRC has just recently in March 2023 been deferred its Acceleration by the Sub Committee of Accreditation of Global Alliance of National Human Rights Institutions (GANHRI). The commission after March 2023, did not have the courage to call for a meeting with civil society members to drawn up strategies in partnership with us and has instead used the APF conference to politicise the issue.
This is deeply troubling as the hosting of this prestigious conference by the NHRC will not aid the important cause of human rights protection in India but only provide the NHRC a fig leaf of international legitimacy to cover up its dismal performance. This is all the more disappointing as the NHRC is the premier human rights institution not only in India but should serve as a model to the global south.
The NHRC has been silent with respect to the situation of human rights defenders in India. Anti-terror laws such as the UAPA have been used to target and silence human rights defenders, lawyers, activists and journalists, most prominently in case known as the Bhima Koregoan-16. The NHRC which has paid lip service to the key role of human rights defenders with the Chairman calling them the ‘eyes and ears’ of the system, has done nothing to ensure that human rights defenders are not imprisoned for exercising their right to speech and expression.
Most recently in Manipur, the situation has involved targeting attacks against members of one ethnic community, sexual violence perpetrated against members of the same ethnic community as well as the destruction of churches by armed vigilante groups. The Manipur state government failed in performing its basic constitutional responsibility of ensuring security of life and liberty to all citizens without discrimination. Inspite of this shocking state of affairs which threatened human rights it was bound to protect, the NHRC was silent.
The NHRC was roused from its slumber to issue notice to the state of Manipur only after the Supreme Court initiated suo motu action on the complaint of sexual violence against members of the Kuki Zo community. In one of the most serious human rights challenges in recent years which has dimensions of ethnic cleansing, sexual crimes and even possibly crimes against humanity, the response of the NHRC (belated and weak) has been nothing short of an abdication of its constitutional and legal responsibility.
The NHRC has entirely abdicated its responsibility as an independent institution which will call out human rights violations by the state. It has been silent when the state has deployed bulldozers to destroy the homes of Muslim minorities as well as dissenters in total violation of the rule of law. These demolitions of homes which have been carried out by state authorities (belonging to the ruling party) in Uttar Pradesh, Madhya Pradesh, Delhi and Haryana have degraded India’s reputation as a rule of law society Demolitions as arbitrary actions, meant to inflict collective punishment on a community violate the mandate by which the NHRC is bound namely the ‘protection of the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India’.
Henri Tiphagne, Justice Mishra
The NHRC has also been silent with respect to the rise in vigilante crimes against the Muslim minority happening with a sickening regularity throughout India. It has stood silent in the face of hate speech which vilifies, intimidates, ostracizes and demeans the minority community, calls for economic boycott of the community and even calls for genocide of the community. There has not been a single statement of the NRHC regarding the sexual harassment complaints by female wrestlers against a member of parliament belonging to the ruling party.
Silence when Human Rights Defender like Teesta Setalvad was incarnated when Kurram Parvesh Jammu and Kashmir has been incarnated for almost two years, when NHRC’s own former special monitor Mr. Harsh Mandar was targeted by the government the Indian NHRC has decided to remain a silent spectator not in a single case related to Journalist and Defenders which were before the High courts or supreme court did the NHRC ever in the recent past deemed pertinent to follow APFs own action plan for protection of Human rights defenders. The instances can be multiplied, but the simple point is that the NHRC is a silent spectator to the wilful destruction of both human rights and the rule of law in India today.
The self-chosen role of silent spectator to human rights violations by the state has meant that the functions of the NHRC under the Protection of Human Rights Act, 1993 are sadly under utilized. The NHRC in the past has been an intervenor before the Supreme Court in key cases of human rights violations in the Gujarat riots of 2002. However today, in any issue of human rights violations which have come before the Supreme Court with important ramifications, be it the abrogation of Article 370, marriage equality, hate speech or Manipur the NHRC has chosen to maintain an amoral and indeed unconstitutional silence.
We are concerned that the hosting of the APF conference will be an opportunity to further white wash the sins of omission of the NHRC on a global stage. It’s important that the world understand that to fulfil the G-20 rhetoric of being the ‘mother of democracy’ India has to ensure that the human rights guaranteed by the Indian Constitution and the ICCPR and the ICESCR become the patrimony of every citizen.
To do that it is of crucial importance that the NHRC take its mandate seriously as an institution which ensures accountability of the state to Part III of the Indian Constitution. India is the only country globally which has over 170 National and State Thematic Human rights institutions and we in civil society are deeply concerned that the hosting of this conference will provide legitimacy to an institution which sees itself as wanting to be a show piece to the external world rather than being the sole of protecting human rights in India.
Since this basic condition of fulfilling the mandate conferred by the Protection of Human Rights Act as well as the Paris principles have not been met by the NHRC, civil society organisations condemn the very holding of the APF Conference in India. We also call upon APF and all chairperson members of NHRIs to see through the politization of an APF conference by one of your own members whose track record has been extremely poor functioning even without three of its members for past almost 9 months now to prevail upon the NHRC to begin to address some of the key human rights concerns.
---
Click here to see the list of signatories

Comments

TRENDING

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative  The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani*  India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

A Marxist intellectual who dwelt into complex areas of the Indian socio-political landscape

By Harsh Thakor*  Professor Manoranjan Mohanty has been a dedicated advocate for human rights over five decades. His work as a scholar and activist has supported revolutionary democratic movements, navigating complex areas of the Indian socio-political landscape. His balanced, non-partisan approach to human rights and social justice has made his books essential resources for advocates of democracy.

Four J&K MLAs visit Wular lake, pledge support to fisher community, environmental conservation

By Shamim Ahmed*   In a historic meeting that highlighted both environmental and social concerns, four Members of the Legislative Assembly (MLAs) visited Wular Lake to meet with the fisherfolk community, signaling a significant step in addressing their longstanding issues. This gathering, organized with the support of dedicated advocates, marks a strengthening of efforts to both safeguard the lake’s ecosystem and support the community’s welfare.

Supreme Court’s dismissal of PIL on Covid vaccine safety is counter to known science and mathematics

By Bhaskaran Raman*  On 14 Oct 2024, the Supreme Court of India dismissed a Public Interest Litigation (PIL) on the side-effects of the Covid vaccine. In 2021, the world saw the rollout of various Covid vaccine candidates. In India, Bharat Biotech’s Covaxin and Serum Institute of India’s Covishield were rolled out. Covishield was nothing but Oxford’s AstraZeneca relabelled in India. The importance of open-minded and scientific probe of Covid vaccine safety In 2020/2021, all Covid vaccines were authorized for emergency use, which meant that the necessary efficacy and safety follow-up was incomplete at that time. The originally approved trials – called randomised controlled trials (RCT) had a “vaccine” group and a “placebo” group for comparison. Such experimental comparison/control is the cornerstone of the scientific method – which even children learn in photosynthesis experiments in class-1. The vaccine trials were scheduled to conclude in late 2022/early 2023. For instance, Covax...

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah  The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor*  Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad*  On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya.