Armed groups continue violating international humanitarian law

The armed opposition groups across India have been responsible for gross violations of international humanitarian law including killing, abduction and mutilation. Among them the worst example can be found in Assam, where the banned armed groups defied all norms under the international humanitarian laws to kill at least 49 Bihari migrant labourers and also political leaders like Purnendu Langthasa in the North Cachar Hills. It was revealed by Suhas Chakma, the director of the Asian Centre for Human Rights during a media interaction programme at Guwahati Press Club on December 9.

The director of the New Delhi based rights body, while releasing a report on human rights in India in the press club auditorium, also disclosed, "In mainland India, the Naxalites were responsible for widespread killings. Political activists were killed by the Naxalites in Andhra Pradesh, Chhattisgarh, Jharkhand, Orissa and West Bengal." The crimes committed by the armed groups are international crimes but the governments have failed to establish accountability, Chakma added.

Presently 21 States (13 Naxalite affected, 7 Northeastern States and Jammu Kashmir) out of 28 States are afflicted by conflict and human rights violations by the State agencies are further fuelling the conflicts. Among the States, Uttar Pradesh has the worst human rights record with 66% of the fake encounter killings (201 complaints out of the 301 complaints), 241 cases of death in judicial custody and maximum number of custodial rape (2) in 2006-2007. Uttar Pradesh reported the highest number of crimes against the Scheduled Castes with 6,114 cases out of the total of 30,031 during 2007, an increase of 23.8% over 2006 (4,960 cases).

Earlier, the ACHR prepared 'India Human Rights Report 2008' was released, where it is explained in details that it could serve as a warning of deepening internal conflict in the country. The report underlines that human rights violations by the State, combined with the failure of State institutions to address these violations, are fuelling internal conflict.

Citing official cover up ACHR stated that the government has not brought any of the reports of the National Commissions for Scheduled Tribes and Scheduled Castes before the parliament since 2002. The Naxalite affected areas are mainly inhabited by the Adivasis and Dalits. Parliamentarians are being kept in the dark by the bureaucracy.

“In 2007 in Madhya Pradesh, not a single court ruled in favour of a tribal in the 29,596 cases of alienation and restoration of tribal land. Should we be surprised that the support base of the Maoists is increasing in the tribal belt of the State. Unless preventive measures are taken, Madhya Pradesh will find itself with a Naxalite insurgency similar to West Bengal, Jharkhand and Orissa," Chakma warned.

Chakma also alleged that the government statistics of human rights violations are inaccurate. Despite routine extrajudicial executions in encounters, the National Human Rights Commission recorded only one case of encounter killing in Jammu and Kashmir during 2006-2007, while none has been recorded with regard to Manipur and Chhattisgarh – the most intensive conflict States in India.

Despite the army and the para-military forces being responsible for gross human rights violations in conflict situations, there are no official crime statistics involving the Army in tackling insurgency as the National Crime Records Bureau of the Ministry of Home Affairs does for the police. Maharashtra has the worst record of deaths in police custody with almost two custodial deaths in each month.

While Madhya Pradesh tops the list with 1,501 cases out of the total of 5,532 crimes against the Scheduled Tribes, representing 27.1% of the total national total during 2007, the Asian Centre for Human Rights lamented the unofficial instructions of the West Bengal government to the police not to register cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The registration of only 5 incidents in 2007 by West Bengal has not stopped the Maoists from gaining support in the tribal belt of the State.

In order to address the current systemic failures, the ACHR recommends for a revision of crime statistics collection including all branches of the security forces and also compilation of statistics by National Human Rights Commission in conformity with international human rights practices. Chakma also advocated for enhancing support to the Judiciary and Quasi Judicial Institutions in the country. Moreover the establishment of State branches of all National Human Rights Institutions in all States with independence, adequate powers and resources was also emphasised. He also asked for removal of the Foreign Contribution Regulation Act for the benefit of the rights body to function more smother ways.