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(A Monthly Publication of Manavadhikar Samajik Manch)


Volume XVI No. 3 March 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
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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...
International Women's Day: 5
Think equal, build smart, innovate for change

World Water Day: 7


Leaving no one behind

World Tuberculosis Day: 9


It’s time

World Wildlife Day: 12


Life Below Water: For people and planet

National News 14

News from the National Human Rights Commission 18

International News 23

Rural Sanitation in India: 26


An Area of Concern

The Myth of Dalit Empowerment: 28


Dalit Village Votes for the First Time

Transgender Ruling: 30
A Silver Lining in Japan’s Supreme Court Judgement

Below Poverty Line: 31


Livelihood Support for All
From the President’s Desk …
During the past century, since the observance of the first International Women’s Day, we have
witnessed a transformation in women’s legal rights, educational achievements, and participation
in public life. In all regions, countries have expanded women’s legal entitlements. Women have
taken many steps forward. More women are exercising leadership in politics and business,
more girls are going to school, and more women survive childbirth and can plan their families.

Yet while tremendous progress has been made, no country can claim to be entirely free from
gender-based discrimination. This inequality can be seen in persistent gender wage gaps and
unequal opportunities, in low representation of women in leadership in public office and the
private sector, in child marriage and missing girls due to son preference, and in continuing
violence against women in all its forms.

Nowhere are disparities and barriers greater than in rural areas for women and girls. Rural
women and girls comprise one in four people worldwide. They work long hours with little or
no pay and produce a large proportion of the food grown, especially in subsistence agriculture.
They are farmers, entrepreneurs and leaders, and their contributions sustain their families,
communities, nations and all of us.

Yet they face some of the worst inequities in access to social services and land and other
productive assets. And this deprives them and the world of the realization of their full potential.
No enduring solution to the major changes of our day—from climate change to political and
economic instability—can be solved without the full empowerment and participation of the
world’s women. We simply can no longer afford to leave women out. Women’s full and equal
participation in the political and economic arena is fundamental to democracy and justice,
which people are demanding. Equal rights and opportunity underpin healthy economies and
societies.

The time is has come. Every human being has the right to live in peace and dignity. Every
human being has the right to shape their future and the futures of their countries. That is the
call for equality that we hear all around the globe. On International Women’s Day, let us
reaffirm our commitment to women’s rights and move forward with courage and determination.
Let us defend human rights, the inherent dignity and worth of the human person, and the equal
rights of men and women.

Dr. A. Shanker

Vol. XVI No. 3 March 2019 4


International Women's Day:
Think equal, build smart, innovate for change

I
nternational Women’s Day is a Echoing the priority theme of the History of the Day
time to reflect on progress made, sixty-third session of the International Women's Day is
to call for change and to Commission on the Status of Women celebrated in many countries around
celebrate acts of courage and (CSW63), in 2019 we look to the world. It is a day when women
determination by ordinary women industry leaders, game-changing are recognized for their achievements
who have played an extraordinary start-ups, social entrepreneurs, without regard to divisions, whether
role in the history of their countries gender equality activists, and women national, ethnic, linguistic, cultural,
and communities. innovators to examine the ways in economic or political. International
which innovation can remove Women's Day first emerged from the
The 2019 theme Think equal, build barriers and accelerate progress for activities of labour movements at the
smart, innovate for change focuses gender equality, encourage turn of the twentieth century in North
on innovative ways in which we can investment in gender-responsive America and across Europe.
advance gender equality and the social systems, and build services and
empowerment of women, infrastructure that meet the needs of Since those early years, International
particularly in the areas of social women and girls. Women's Day has assumed a new
protection systems, access to public global dimension for women in
services and sustainable developed and developing countries
infrastructure. alike. The growing international
women's movement, which has been
The achievement of the ambitious strengthened by four global United
Sustainable Development Goals On 8 March 2019, join us as we Nations women's conferences, has
(SDGs) requires transformative celebrate a future in which innovation helped make the commemoration a
shifts, integrated approaches and and technology creates rallying point to build support for
new solutions, particularly when it unprecedented opportunities for women's rights and participation in
comes to advancing gender equality women and girls to play an active role the political and economic arenas.
and the empowerment of all women in building more inclusive systems,
and girls. efficient services and sustainable Chronology
infrastructure to accelerate the 1909: The first National Woman's
Innovation and technology provide achievement of the SDGs and gender Day was observed in the United
unprecedented opportunities, yet equality. States on 28 February. The Socialist
trends indicate a growing gender Party of America designated this day
digital divide and women are under- Gender equality and the in honour of the 1908 garment
represented in the field of science, Sustainable Development Goals workers' strike in New York, where
technology, engineering, mathematics International Women's Day is also women protested against working
and design. It prevents them from an opportunity to consider how to conditions.
developing and influencing gender- accelerate the 2030 Agenda, 1910: The Socialist International,
responsive innovations to achieve building momentum for the meeting in Copenhagen, established
transformative gains for society. effective implementation of the a Women's Day, international in
From mobile banking to artificial Sustainable Development Goals, character, to honour the movement
intelligence and the internet of things, especially goal number 5: Achieve for women's rights and to build
it is vital that women’s ideas and gender equality and empower all support for achieving universal
experiences equally influence the women and girls; and number 4: suffrage for women. The proposal
design and implementation of the Ensure inclusive and quality was greeted with unanimous approval
innovations that shape our future education for all and promote by the conference of over 100
societies. lifelong learning. women from 17 countries, which

Vol. XVI No. 3 March 2019 5


Some key targets of the
2030 Agenda
- By 2030, ensure that all girls
and boys complete free, equi-
table and quality primary and
secondary education leading
to relevant and Goal-4 effec-
tive learning outcomes.
- By 2030, ensure that all girls
and boys have access to qual-
ity early childhood develop-
ment, care and preprimary
education so that they are
ready for primary education.
- End all forms of discrimina-
tion against all women and
included the first three women elected 1975: During International Women's girls everywhere.
to the Finnish Parliament. No fixed Year, the United Nations began - Eliminate all forms of violence
date was selected for the observance. celebrating International Women's against all women and girls in
1911: As a result of the Copenhagen Day on 8 March. the public and private spheres,
initiative, International Women's Day including trafficking and
was marked for the first time (19 1995: The Beijing Declaration and sexual and other types of ex-
March) in Austria, Denmark, Platform for Action, a historic ploitation.
Germany and Switzerland, where roadmap signed by 189 - Eliminate all harmful practices,
more than one million women and governments, focused on 12 critical such as child, early and forced
men attended rallies. In addition to areas of concern, and envisioned a marriage and female genital
the right to vote and to hold public world where each woman and girl mutilation.
office, they demanded women's can exercise her choices, such as
rights to work, to vocational training participating in politics, getting an
and to an end to discrimination on education, having an income, and The UN and Gender Equality
the job. living in societies free from violence The Charter of the UN, signed in
1913-1914: International Women's and discrimination. 1945, was the first international
Day also became a mechanism for 2014: The 58th session of the agreement to affirm the principle of
protesting World War I. As part of Commission on the Status of Women equality between women and men.
the peace movement, Russian women (CSW58) – the annual gathering of Since then, the UN has helped create
observed their first International States to address critical issues a historic legacy of internationally-
Women's Day on the last Sunday in related to gender equality and agreed strategies, standards,
February. Elsewhere in Europe, on women’s rights — focused on programmes and goals to advance the
or around 8 March of the following “Challenges and achievements in the status of women worldwide.
year, women held rallies either to implementation of the Millennium
protest the war or to express Development Goals for women and Over the years, the UN and its
solidarity with other activists. girls”. UN entities and accredited technical agencies have promoted the
1917: Against the backdrop of the NGOs from around the world took participation of women as equal
war, women in Russia again chose stock of progress and remaining partners with men in achieving
to protest and strike for "Bread and challenges towards meeting the eight sustainable development, peace,
Peace" on the last Sunday in February Millennium Development Goals security, and full respect for human
(which fell on 8 March on the (MDGs). The MDGs have played an rights. The empowerment of women
Gregorian calendar). Four days later, important role in galvanizing continues to be a central feature of
the Czar abdicated and the provisional attention on and resources for the UN's efforts to address social,
Government granted women the right gender equality and women’s economic and political challenges
to vote. empowerment. across the globe.

Vol. XVI No. 3 March 2019 6


World Water Day:
Leaving no one behind

S
ocial justice is an underlying expresses the contemporary vision of Agenda at the country level. It also
principle for peaceful and the ILO’s mandate in the era of reflects a productive outlook by
prosperous coexistence within globalization. highlighting the importance of
and among nations. We uphold the sustainable enterprises in creating
principles of social justice when we This landmark Declaration is a greater employment and income
promote gender equality or the powerful reaffirmation of ILO values. opportunities for all.
rights of indigenous peoples and
migrants. We advance social justice The General Assembly Recognizes
when we remove barriers that that social development and social
people face because of gender, age, justice are indispensable for the
race, ethnicity, religion, culture or achievement and maintenance of
disability. It is the outcome of tripartite peace and security within and among
consultations that started in the wake nations and that, in turn, social
For the United Nations, the pursuit of the Report of the World development and social justice cannot
of social justice for all is at the core Commission on the Social Dimension be attained in the absence of peace
of our global mission to promote of Globalization. By adopting this and security or in the absence of
development and human dignity. text, the representatives of respect for all human rights and
The adoption by the International governments, employers’ and fundamental freedoms.
Labour Organization of the workers’ organizations from 182
Declaration on Social Justice for a member States emphasize the key role It further recognizes that globalization
Fair Globalization is just one recent of our tripartite Organization in and interdependence are opening new
example of the UN system’s helping to achieve progress and social opportunities through trade,
commitment to social justice. The justice in the context of globalization. investment and capital flows and
Declaration focuses on Together, they commit to enhance the advances in technology, including
guaranteeing fair outcomes for all ILO’s capacity to advance these information technology, for the
through employment, social goals, through the Decent Work growth of the world economy and the
protection, social dialogue, and Agenda. The Declaration development and improvement of
fundamental principles and rights at institutionalizes the Decent Work living standards around the world,
work. concept developed by the ILO since while at the same time there remain
1999, placing it at the core of the serious challenges, including serious
Background Organization’s policies to reach its financial crises, insecurity, poverty,
The International Labour constitutional objectives. exclusion and inequality within and
Organization unanimously adopted among societies and considerable
the ILO Declaration on Social Justice The Declaration comes at a crucial obstacles to further integration and full
for a Fair Globalization on 10 June political moment, reflecting the wide participation in the global economy for
2008. This is the third major consensus on the need for a strong developing countries as well as some
statement of principles and policies social dimension to globalization in countries with economies in transition.
adopted by the International Labour achieving improved and fair
Conference since the ILO’s outcomes for all. It constitutes a On 26 November 2007, the General
Constitution of 1919. It builds on the compass for the promotion of a fair Assembly declared that, starting from
Philadelphia Declaration of 1944 and globalization based on Decent Work, the sixty-third session of the General
the Declaration on Fundamental as well as a practical tool to Assembly, 20 February will be
Principles and Rights at Work of accelerate progress in the celebrated annually as the World Day
1998. The 2008 Declaration implementation of the Decent Work of Social Justice.

Vol. XVI No. 3 March 2019 7


2018 theme: Workers on the and Development (UNCED) and sanitation — sets a theme for
Move: the Quest for Social contained in Chapter 18 (Fresh Water World Water Day corresponding to a
Justice Resources) of Agenda 21. current or future challenge. The
Most migration today is linked engagement campaign is coordinated
directly or indirectly to the search States were invited to devote the Day, by one or several of the UN-Water
for decent work opportunities. Even as appropriate in the national context, Members with a related mandate.
if employment is not the primary to concrete activities such as the
driver, it usually features in the promotion of public awareness
migration process at some point. through the production and
dissemination of documentaries and
There are an estimated 258 million the organization of conferences,
international migrants. The ILO round tables, seminars and
estimates that there are roughly 150 expositions related to the
million migrant workers. conservation and development of
water resources and the
Among migrant workers, 56 implementation of the
percent are men and 44 percent are recommendations of Agenda 21.
women.
Why World Water Day?
Migrant workers account for 4.4 World Water Day is an international
percent of all workers and have observance and an opportunity to
higher labor force participation learn more about water related issues,
rates than non-migrants globally (73 be inspired to tell others and take
percent and 64 percent action to make a difference. Each
respectively). year, UN-Water — the entity that
coordinates the UN’s work on water
Background
International World Water Day is held
annually on 22 March as a means of Facts & Figures
focusing attention on the importance
of freshwater and advocating for the - 2.1 billion people live without safe water at home.
sustainable management of - One in four primary schools have no drinking water service, with
freshwater resources. pupils using unprotected sources or going thirsty.
- More than 700 children under five years of age die every day from
An international day to celebrate diarrhoea linked to unsafe water and poor sanitation.
freshwater was recommended at the - Globally, 80% of the people who have to use unsafe and unprotected
1992 United Nations Conference on water sources live in rural areas.
Environment and Development - Women and girls are responsible for water collection in eight out of
(UNCED) in Rio de Janeiro. The ten households with water off-premises.
United Nations General Assembly - For the 68.5 million people who have been forced to flee their homes,
responded by designating 22 March accessing safe water services is highly problematic.
1993 as the first World Water Day. - Around 159 million people collect their drinking water from surface
water, such as ponds and streams.
The United Nations General Assembly - Around 4 billion people – nearly two-thirds of the world’s population
adopted resolution A/RES/47/193 of – experience severe water scarcity during at least one month of the
22 December 1992 by which 22 year.
March of each year was declared - Over 800 women die every day from complications in pregnancy and
World Day for Water, to be observed childbirth.
starting in 1993, in conformity with - 700 million people worldwide could be displaced by intense water
the recommendations of the United scarcity by 2030.
Nations Conference on Environment

Vol. XVI No. 3 March 2019 8


World Tuberculosis Day:
It’s time

E
ach year we commemorate since the year 2000 and reduced the sanitation, compounded by other
World TB Day on March 24 TB mortality rate by 42%. To risk factors such as tobacco and
to raise public awareness accelerate the TB response in alcohol use and diabetes, affect
about the devastating health, social countries to reach targets – Heads of vulnerability to TB and access to
and economic consequences of State came together and made strong care. Furthermore, this access is
tuberculosis (TB) and to step up commitments to end TB at the first- often hindered by catastrophic
efforts to end the global TB epidemic. ever UN High Level Meeting in costs associated with illness,
The date marks the day in 1882 when September 2018. seeking and staying in care, and
Dr. Robert Koch announced that he lack of social protection, resulting
had discovered the bacterium that in a vicious cycle of poverty and
causes TB, which opened the way ill-health. The transmission of
towards diagnosing and curing this multidrug-resistant TB (MDR-TB)
disease. The theme of World TB Day 2019 - adds great urgency to these
‘It’s time’ – puts the accent on the concerns.
Despite significant progress over urgency to act on the commitments
the last decades, TB continues to made by global leaders to: What is TB?
be the top infectious killer Tuberculosis (TB) is caused by
worldwide, claiming over 4 500 World TB Day provides the bacteria (Mycobacterium
lives a day. The emergence of opportunity to shine the spotlight on tuberculosis) that most often affect
multidrug-resistant TB (MDR-TB) the disease and mobilize political and the lungs. Tuberculosis is curable and
poses a major health security threat social commitment for accelerate preventable.
and could risk gains made in the progress to end TB.
fight against TB. TB is spread from person to person
Background through the air. When people with
The Theme Last year, WHO reported that 10.4 lung TB cough, sneeze or spit, they
The idea behind TB Day is to raise million people fell ill with TB and there propel the TB germs into the air. A
public awareness about the were 1.8 million TB deaths in 2016, person needs to inhale only a few of
devastating health, social and making it the top infectious killer these germs to become infected.
economic consequences of TB, and worldwide. This disease is deeply
to step up efforts to end the global rooted in populations where human About one-quarter of the world's
TB epidemic. The date marks the day rights and dignity are limited. While population has latent TB, which
in 1882 when Dr Robert Koch anyone can contract TB, the disease means people have been infected by
announced that he had discovered the thrives among people living in TB bacteria but are not (yet) ill with
bacterium that causes TB, which poverty, communities and groups that the disease and cannot transmit the
opened the way towards diagnosing are marginalized, and other vulnerable disease.
and curing this disease. populations.
People infected with TB bacteria have
TB remains the world’s deadliest These include: migrants, refugees, a 5–15% lifetime risk of falling ill with
infectious killer. Each day, nearly 4500 ethnic minorities, miners and others TB. However, persons with
people lose their lives to TB and close working and living in risk-prone compromised immune systems, such
to 30,000 people fall ill with this settings, the elderly, marginalized as people living with HIV, malnutrition
preventable and curable disease. women and children in many or diabetes, or people who use
Global efforts to combat TB have settings etc. Factors such as tobacco, have a much higher risk of
saved an estimated 54 million lives malnutrition, poor housing and falling ill.

Vol. XVI No. 3 March 2019 9


When a person develops active TB countries. Eight countries accounted test is now recommended by WHO
disease, the symptoms (such as for two thirds of the new TB cases: as the initial diagnostic test in all
cough, fever, night sweats, or weight India,China,Indonesia, the persons with signs and symptoms of
loss) may be mild for many months. Philippines, Pakistan, Nigeria, TB.
This can lead to delays in seeking care, Bangladesh and South Africa.
and results in transmission of the Diagnosing multi-drug resistant and
bacteria to others. People with active Symptoms and diagnosis extensively drug-resistant TB (see
TB can infect 10–15 other people Common symptoms of active lung Multidrug-resistant TB section
through close contact over the course TB are cough with sputum and blood below) as well as HIV-associated TB
of a year. Without proper treatment, at times, chest pains, weakness, can be complex and expensive. In
45% of HIV-negative people with TB weight loss, fever and night sweats. 2016, 4 new diagnostic tests were
on average and nearly all HIV-positive Many countries still rely on a long- recommended by WHO – a rapid
people with TB will die. used method called sputum smear molecular test to detect TB at
microscopy to diagnose TB. Trained peripheral health centres where Xpert
Who is most at risk? laboratory technicians look at sputum MTB/RIF cannot be used, and 3 tests
Tuberculosis mostly affects adults in samples under a microscope to see to detect resistance to first- and
their most productive years. if TB bacteria are present. second-line TB medicines.
However, all age groups are at risk. Microscopy detects only half the
Over 95% of cases and deaths are in number of TB cases and cannot Tuberculosis is particularly difficult
developing countries. detect drug-resistance. to diagnose in children and as yet only
the Xpert MTB/RIF assay is generally
People who are infected with HIV are The use of the rapid test Xpert MTB/ available to assist with the diagnosis
20 to 30 times more likely to develop RIF® has expanded substantially of paediatric TB.
active TB (see TB and HIV section since 2010, when WHO first
below). The risk of active TB is also recommended its use. The test Treatment
greater in persons suffering from simultaneously detects TB and TB is a treatable and curable disease.
other conditions that impair the resistance to rifampicin, the most Active, drug-susceptible TB disease
immune system. important TB medicine. Diagnosis is treated with a standard 6 month
can be made within 2 hours and the course of 4 antimicrobial drugs that
One million children (0–14 years of
age) fell ill with TB, and 230 000
children (including children with HIV Key facts
associated TB) died from the disease
in 2017. - Tuberculosis (TB) is one of the top 10 causes of death worldwide.
- In 2017, 10 million people fell ill with TB, and 1.6 million died from
Tobacco use greatly increases the risk the disease (including 0.3 million among people with HIV).
of TB disease and death. 7.9% of TB - In 2017, an estimated 1 million children became ill with TB and 230
cases worldwide are attributable to 000 children died of TB (including children with HIV associated TB).
smoking. - TB is a leading killer of HIV-positive people.
- Multidrug-resistant TB (MDR-TB) remains a public health crisis and
Global impact of TB a health security threat. WHO estimates that there were 558 000 new
TB occurs in every part of the world. cases with resistance to rifampicin – the most effective first-line drug,
In 2017, the largest number of new of which - 82% had MDR-TB.
TB cases occurred in the South-East - Globally, TB incidence is falling at about 2% per year. This needs to
Asia and Western Pacific regions, accelerate to a 4–5% annual decline to reach the 2020 milestones of
with 62% of new cases, followed by the End TB Strategy.
the African region, with 25% of new - An estimated 54 million lives were saved through TB diagnosis and
cases. treatment between 2000 and 2017.
- Ending the TB epidemic by 2030 is among the health targets of the
In 2017, 87% of new TB cases Sustainable Development Goals.
occurred in the 30 high TB burden

Vol. XVI No. 3 March 2019 10


and disease, to were 558 000 new cases with
reduce deaths. resistance to rifampicin – the most
effective first-line drug – of which
Multidrug- 82% had MDR-TB. The MDR-TB
resistant TB burden largely falls on 3 countries –
A n t i - T B India, China and the Russian
medicines have Federation – which together account
been used for for nearly half of the global cases.
decades and About 8.5% of MDR-TB cases had
strains that are extensively drug-resistant TB (XDR-
resistant to 1 or TB) in 2017.
more of the
medicines have Worldwide, only 55% of MDR-TB
b e e n patients are currently successfully
documented in treated. In 2016, WHO approved the
every country use of a short, standardised regimen
surveyed. Drug for MDR-TB patients who do not have
resistance strains that are resistant to second-line
emerges when TB medicines. This regimen takes 9–
are provided with information, anti-TB medicines are used 12 months and is much less expensive
supervision and support to the patient inappropriately, through incorrect than the conventional treatment for
by a health worker or trained prescription by health care providers, MDR-TB, which can take up to 2
volunteer. Without such support, poor quality drugs, and patients years. Patients with XDR-TB or
treatment adherence can be difficult stopping treatment prematurely. resistance to second-line anti-TB drugs
and the disease can spread. The vast cannot use this regimen, however, and
majority of TB cases can be cured Multidrug-resistant tuberculosis need to be put on longer MDR-TB
when medicines are provided and (MDR-TB) is a form of TB caused regimens to which 1 of the new drugs
taken properly. by bacteria that do not respond to (bedquiline and delamanid) may be
isoniazid and rifampicin, the 2 most added.
Between 2000 and 2017, an powerful, first-line anti-TB drugs.
estimated 54 million lives were saved MDR-TB is treatable and curable by In July 2018, the latest evidence on
through TB diagnosis and treatment. using second-line drugs. However, treatment of drug-resistant TB was
second-line treatment options are reviewed by an independent panel of
TB and HIV limited and require extensive experts convened by WHO. A rapid
People living with HIV are 20 to 30 chemotherapy (up to 2 years of communication on key changes to
times more likely to develop active treatment) with medicines that are recommendations for the treatment of
TB disease than people without HIV. expensive and toxic. drug-resistant TB has been issued by
WHO, to be followed by the release
HIV and TB form a lethal In some cases, more severe drug of updated and consolidated WHO
combination, each speeding the resistance can develop. Extensively policy guidelines later in the year.
other's progress. In 2017 about 0.3 drug-resistant TB (XDR-TB) is a
million people died of HIV-associated more serious form of MDR-TB WHO also approved in 2016 a rapid
TB. In 2017, there were an estimated caused by bacteria that do not respond diagnostic test to quickly identify
0.9 million new cases of TB amongst to the most effective second-line anti- these patients. 62 countries have
people who were HIV-positive, 72% TB drugs, often leaving patients started using shorter MDR-TB
of whom were living in Africa. without any further treatment regimens. By the end of 2017, 62
options. countries reported having introduced
WHO recommends a 12-component bedaquiline and 42 countries reported
approach of collaborative TB-HIV In 2017, MDR-TB remains a public having introduced delamanid, in an
activities, including actions for health crisis and a health security effort to improve the effectiveness
prevention and treatment of infection threat. WHO estimates that there of MDR-TB treatment regimens.

Vol. XVI No. 3 March 2019 11


World Wildlife Day:
Life Below Water: For people and planet

"On this World Wildlife Day, let us raise awareness about the extraordinary diversity of marine life and the
crucial importance of marine species to sustainable development. That way, we can continue to provide
these services for future generations.."
— UN Secretary-General António Guterres.

The incalculable value of wildlife which closely aligns with this goal, construction. It has also enriched
The animals and plants that live in with a specific focus on the our lives culturally, spiritually, and
the wild have an intrinsic value and conservation and sustainable use of recreationally in different ways.
contributes to the ecological, marine wildlife.
genetic, social, economic, The capacity of life below water
scientific, educational, cultural, The ocean contains nearly 200,000 to provide these services is
recreational and aesthetic aspects identified species, but actual severely impacted, as our planet’s
of human well-being and sustainable numbers may be in the millions. oceans and the species that live
development. within it are under assault from an
onslaught of threats. These include
World Wildlife Day is an opportunity the most significant and direct
to celebrate the many beautiful and Over three billion people depend on threat of overexploitation
varied forms of wild fauna and flora marine and coastal biodiversity for particularly unsustainable fishing
and to raise awareness of the their livelihoods. Marine wildlife has and other marine species extraction
multitude of benefits that sustained human civilization and practices but also important threats
conservation provides to people. At development for millennia, from such as climate change, marine
the same time, the Day reminds us providing food and nourishment, to pollution and habitat destruction.
of the urgent need to step up the material for handicraft and These threats have a strong impact
fight against wildlife crime and on the lives and livelihoods of
human induced reduction of those who depend on marine
species, which have wide-ranging ecosystem services, particularly
economic, environmental and social women and men in coastal
impacts. Given these various communities.
negative effects, Sustainable
Development Goal #15 focuses on Get involved
halting biodiversity loss. Get to know marine species and
learn about the challenges they are
Life Below Water: For people and facing and how you can help. Share
planet what you've learned with your
Goal 14 of the Sustainable friends and family.
Development Goals (SDG14) aims
to “conserve and sustainably use Spread the word, especially to
the oceans, seas and marine children and youth. They are the
resources for sustainable future leaders of wildlife
development.” The theme of World conservation and they deserve a
Wildlife Day 2019 is: “Life Below future where we humans live in
Water: For people and planet” harmony with wildlife that share

Vol. XVI No. 3 March 2019 12


the planet with us. Here are some Winners will be announced at a a resolution made at the 16th meeting
outreach materials. high-level event celebrating the of the Conference of the Parties to
launch of World Wildlife Day at UN CITES (CoP16) held in Bangkok from
Post on social media and spread the Headquarters in NYC, on Friday 3 to 14 March 2013. The CITES
word. Have a look at our Social March 1, 2019. resolution was sponsored by the
Media Kit if you need some Kingdom of Thailand, the Host of
inspirations. Or take a photo with Background CITES CoP16, which transmitted the
the action cards and say something On 20 December 2013, the Sixty- outcomes of CITES CoP16 to the UN
about the day. Remember to use the eighth session of the United Nations General Assembly.
hashtags #LifeBelowWater, General Assembly decided to
#WWD2019, #MarineSpecies proclaim 3 March as World Wildlife The secretariat of the Convention on
#DoOneThingToday #SDG14. Day to celebrate and raise International Trade in Endangered
awareness of the world’s wild Species of Wild Fauna and Flora
Film festival fauna and flora. The date is the day (CITES), in collaboration with other
The Secretariat of the Convention of the adoption of the Convention relevant United Nations organizations,
on International Trade in on International Trade in facilitates the implementation of
Endangered Species of Wild Fauna Endangered Species of Wild Fauna World Wildlife Day.
and Flora (CITES) and the Jackson and Flora (CITES) in 1973, which
Hole Wildlife Film Festival teamed plays an important role in ensuring With 183 Member States, CITES
up to organize an international film that international trade does not remains one of the world's most
festival, this time focusing on threaten the species’ survival. powerful tools for biodiversity
marine species. Winning films will conservation through the regulation
help raise global awareness of the Previously, 3 March had been of trade in wild fauna and flora.
importance of life below water. designated as World Wildlife Day in

Vol. XVI No. 3 March 2019 13


National Human Rights Update

Vigilante ‘Cow Protection’ In one case in 2016, a vigilante group In almost all of the cases
Groups Attack Minorities in beat to death a Muslim cattle trader documented, the police initially stalled
India and a 12-year-old boy traveling to an investigations, ignored procedures, or
The Indian government should animal fair in Jharkhand. Their badly were even complicit in the killings and
prevent and prosecute mob violence bruised bodies were found hanging cover-ups. “Police face political
by vigilante groups targeting from a tree with their hands tied pressure to sympathize with cow
minorities in the name of so-called behind them. The boy’s father protectors and do a weak
cow protection, Human Rights Watch witnessed the attack, hiding in some investigation and let them go free,”
said in a report released today. bushes: “If I stepped out, they would said a retired senior police officer in
have killed me, too. My son was Rajasthan. “These vigilantes get
The 104-page report, “Violent Cow screaming for help, but I was so political shelter and help.”
Protection in India: Vigilante Groups scared that I hid.”
Attack Minorities,” describes the use In several cases, political leaders of
of communal rhetoric by members Hindu nationalist groups, including
of the ruling Bharatiya Janata Party elected BJP officials, defended the
(BJP) to spur a violent vigilante assaults. In December, an angry mob
campaign against consumption of Many Hindus consider cows sacred set fire to a police station and burned
beef and those engaged in the cattle and most Indian states ban several vehicles in Bulandshahr in
trade. Between May 2015 and slaughtering cows. But in recent Uttar Pradesh after villagers found
December 2018, at least 44 people – years, several BJP-ruled states have some animal carcasses that they said
including 36 Muslims – were killed adopted stricter laws and policies that came from slaughtered cows. Two
in such attacks. Police often stalled disproportionately harm minority people, including a police officer who
prosecutions of the attackers, while communities. In February 2019, the confronted the mob, were killed.
several BJP politicians publicly government announced a national Instead of condemning the violence,
justified the attacks. commission for cow protection. the chief minister described the
incident as an “accident,” and then
“Calls for cow protection may have These policies and the vigilante attacks warned that, “Illegal slaughtering, and
started out as a way to attract Hindu have disrupted India’s cattle trade and not just cow slaughter, is banned in
votes, but it has transformed into a the rural agricultural economy, as well the entire state.” A senior police
free pass for mobs to violently attack as leather and meat export industries official said investigators were
and kill minority group members,” that are linked to farming and dairy determined to prosecute those
said Meenakshi Ganguly, South Asia sectors, Human Rights Watch said. involved in slaughtering cows. “The
director at Human Rights Watch. The attacks, often by groups claiming cow-killers are our top priority,” he
“Indian authorities should stop egging links to militant outfits linked to the said. “The murder and rioting case is
on or justifying these attacks, BJP, largely target Muslim, Dalit on the back burner for now.”
blaming victims, or protecting the (formerly known as “untouchables”),
culprits.” or Adivasi (indigenous) communities. In a number of cases, police have filed
The inadequate response from the complaints against victims’ family
The report details 11 cases that authorities to these attacks is hurting members and associates under laws
resulted in the deaths of 14 people, communities, including Hindus, banning cow slaughter, leaving
and the government response, in four whose livelihoods are linked to witnesses and families afraid to
Indian states – Haryana, Uttar livestock, including farmers, herders, pursue justice. In some cases,
Pradesh, Rajasthan, and Jharkhand – cattle transporters, meat traders, and witnesses turned hostile because of
selected because of their large leather workers, Human Rights Watch intimidation both by the authorities
numbers of reported mob attacks. said. and the accused. The authorities have

Vol. XVI No. 3 March 2019 14


even used the National Security Act prosecute attackers regardless of their rights and opp­onents of the
– a repressive law that permits political connections and initiate a government. People exercising their
detention without charge for up to a public campaign to end communal rights to freedom of expression and
year – against those suspected of attacks on Muslims, Dalits, and other peaceful assembly have been slapped
illegally slaughtering cows. minorities. The authorities also with statutes such as the sedition law,
should reverse policies that harm the “counter-terrorist” Unlawful
In July 2018, India’s Supreme Court livestock-linked livelihoods, Activities (Prevention) Act (UAPA)
issued a series of directives for particularly in rural communities, and and the preventive-detention National
“preventive, remedial, and punitive” hold to account police and other Security Act (NSA). Those who
measures to address “lynching” – the institutions that fail to uphold rights criticise the authorities are also
term used in India for killing by a because of caste or religious frequently targeted by elected
mob. The court ordered all state prejudice. officials, pro-government media and
governments to designate a senior social media trolls.
police officer in every district to “Indian police investigations into mob
prevent mob violence and ensure that attacks are almost as likely to accuse Before Teltumbde, the Maharashtra
the police act promptly against the the minority victims of a crime as they police had arrested nine civil rights
attackers and safeguard victims and are to pursue vigilantes with activists, lawyers and writers last
witnesses. government connections,” Ganguly year in connection with the same
said. “State and national officials case and accused them of being
The court recommended creating a should be following the Supreme members of the outlawed CPI
victim compensation system and said Court’s directives against mob killings (Maoist). Legal procedures were
all such cases should be tried in fast- instead of disregarding their human violated in some of the arrests. A fact-
track courts. The court also said rights obligations.” finding committee headed by Pune’s
action should be taken against any deputy mayor found that the violence
police or government officials who There Is No Democracy Without at and around Bhima-Koregaon was
fail to comply with these directives. Dissent planned by Hindu extremist groups,
While several states have designated On February 2, the Maharashtra but the police targeted the activists
officers and issued circulars to police police arrested activist and academic due to pressure from the state
officials on addressing mob violence, Anand Teltumbde at the Mumbai government to protect the
they have yet to comply with most airport in spite of the Supreme perpetrators.
of the court’s other directives. Court’s January 14 order granting
him four weeks to apply for The government has also engaged in
India is party to core international anticipatory bail. The police allege retaliatory legal ­act­ions against
human rights law treaties that prohibit Teltumbde incited caste-based activists who discuss India’s human
discrimination based on race, violence on January 1 at Bhima- rights abuses at international forums.
ethnicity, or religion, and require the Koregaon and neighboring villages in Laws such as the Foreign
governments to provide residents the state. Describing the arrest as Contribution (Regulation) Act are
with equal protection of the law. The “humiliating”, Teltumbde said, “The used to shut down ­foreign funding
Indian government is obligated to State does not have anything against for civil society organisations critical
protect religious and other minority me in particular. It is against the of the ­aut­horities. India deservedly
populations and to fully and fairly whole idea of dissent. It is me today. earned a place alongside 37 other
prosecute those responsible for It can be anyone else tomorrow.” countries, including Russia, China and
discrimination and violence against Saudi Arabia, in the annual United
them. Hours after the arrest, a lower court Nations report documenting reprisals
in Pune ordered his imm­ediate against civil society.
India’s national and state release, calling the arrest “illegal” and
governments should take immediate in contempt of court. The police On January 10, authorities in Assam
steps to enforce the Supreme Court action against Teltumbde was only the charged writer Hiren Gohain and two
directives, Human Rights Watch said. latest move in a sustained effort to others with sedition for criticising the
The authorities should ensure proper use India’s draconian laws to harass citizenship amendment bill at a rally.
investigations to identify and and punish defenders of democratic Sedition charges are pending against

Vol. XVI No. 3 March 2019 15


former JNU students, including leaders and officials often cite India’s across the border after Myanmar’s
student leaders Kanhaiya Kumar, diverse and vocal civil society as military launched a campaign of
Umar Khalid and Anirban proof of the strength of our ethnic cleansing and committed
Bhattacharya, for allegedly shouting democracy. At home, however, the crimes against humanity against the
anti-national slogans at a campus government systematically uses all Rohingya following a militant attack
event on February 9, 2016, marking available tools to crush dissent. in August 2017. An estimated one
the hanging of Afzal Guru three years million Rohingya refugees are now
earlier on that day. As in other cases, The government should repeal the in Bangladesh, most crowded into
the police failed to follow Supreme sedition law, review and amend the temporary camps and denied proper
Court regulations on the sedition repressive provisions of the UAPA, access to jobs and education.
charge. The court has repeatedly said cease the use of the NSA to target its
incitement to violence is a necessary opponents and rights defenders, Another estimated 40,000 Rohingya
element for the sedition law to be ­release the activists arrested in the are in India, of whom at least 16,500
applied, and yet the police used it in Bhima-Koregaon case, and drop all have been recognized by the UN
the JNU case despite no evidence of charges against those engaged in refugee agency. But with the ruling
incitement. They took three years to peaceful dissent. There is no Bharatiya Janata Party (BJP)
come up with a chargesheet. That’s democracy without dissent. government focused on a Hindu
routine in sedition cases as the majoritarian agenda, India is letting
authorities know the charges rarely Rohingya Refugees Caught them down. While claiming that it
stick in court. Between India and a Hard Place deserves a voice in global affairs,
Recently, 31 Rohingya refugees who India still hasn’t condemned
National Crime Records Bureau data had fled atrocities in Myanmar found Myanmar for the attacks on the
from 2014 to 2016 show 179 themselves trapped at the border Rohingya. Instead, ruling party
sedition arrests, but no chargesheet between India and Bangladesh. leaders declared that Rohingya
had been filed by the end of 2016 in Neither Indian nor Bangladeshi border refugees in India should be sent back.
over 70 per cent of the cases, and guards were willing to accept them.
only two of the accused had been The Indians insisted that the refugees “India is not a signatory for refugees,
convicted. As Human Rights Watch were attempting an illegal entry from we have been soft,” the Home
and others have documented, the Bangladesh, while Bangladeshi Ministry’s Kiren Rijiju said last July.
very process of investigation and authorities said that the refugees were “We will facilitate their return.” When
prosecution becomes the punishment. being forcibly pushed out of India. criticized by the opposition, the
So is that the factor tempting the One thing was certain: Going back government went further, claiming
police to bring in the sedition charge? to Myanmar was not an option. without any basis that the Rohingya
“are linked with wrong and illegal
In November, Manipur authorities Myanmar’s Rohingya Muslims are activities.” Alleged BJP supporters
arrested TV journalist among the most persecuted have been implicated in attacks on the
Kishorechandra Wangkhem under the communities in the world. Long beleaguered community.
sedition law for posting videos denied citizenship rights in Myanmar,
criticising the CM and the BJP subjected to pervasive discrimination In October 2018, Indian authorities
government at the Centre. Releasing and targeted in violent attacks, many started repatriating Rohingya
him on bail, the court said it was have fled or been expelled. In their refugees to Myanmar, despite United
“mere expression of opinion”. And desperation, these refugees have Nations findings that Myanmar’s top
then the authorities re-arrested him walked long distances, swum across generals should be should be
under the NSA, which allows rivers to safety, or paid human investigated and prosecuted for
detention without charge for up to a smugglers for a place on flimsy boats genocide. The forcible return of
year, in violation of the right to due to carry them across treacherous refugees violates the principle of
process. seas. nonrefoulement, the international
norm that forbids returning people to
When asked tough questions on After years of denying asylum, a place where they are at real risk of
freedom of speech and assembly Bangladesh reversed its policies when serious abuse. The Indian
during their travels abroad, Indian several hundred thousand streamed government has repeatedly claimed

Vol. XVI No. 3 March 2019 16


that the Rohingya who were deported conditions conducive to safe and adding that the resolution also
wanted to return to Myanmar but has dignified return in Myanmar are not reminded the international community
refused access to the UN refugee likely anytime soon. of its obligation to ensure
agency to assess these claims implementation of UN Security
independently. The 31 Rohingya men, women and Council resolutions on the Kashmir
children were stuck at the border for dispute.
Discrimination against the Rohingya three days. Then the Indian
refugees could worsen because of authorities arrested them. They The OIC is a grouping of 57
recent official policy. The Indian should be released and provided countries, majority of which are
government has proposed proper refugee protections. Muslim-dominated. It has usually
amendments to its citizenship laws been supportive of Pakistan and,
that would allow certain Hindu, Sikh, Jammu and Kashmir internal often sided with Islamabad on the
Buddhist, Jain, Parsi and Christian matter, says India in reaction to Kashmir issue.
asylum seekers from Afghanistan, OIC resolution
Bangladesh and Pakistan to become Jammu and Kashmir is an integral External Affairs Minister Sushma
eligible for citizenship. Muslims are part of India and the issue is strictly Swaraj attended the inaugural plenary
glaringly excluded, placing the internal to the country, New Delhi of the 46th session of the Council of
Rohingya at risk of detention and asserted Saturday, in reaction to a Foreign Ministers (CFM) of OIC on
deportation. Some have been resolution on the matter by the Friday. She was the first Indian
detained in Indian prisons on charges Organisation of Islamic Cooperation minister to address the OIC meeting.
of illegal entry and are at greatest risk (OIC) in its two-day foreign
of forced return. ministers' conclave in Abu Dhabi. India's participation came despite
strong demand by Pakistan to rescind
Many Rohingya, fearing that they "As regards the resolutions on Jammu the invitation to Swaraj to address the
will be forcibly returned to Myanmar, and Kashmir, our stand is consistent grouping which was turned down by
are escaping to Bangladesh. and well known. We reaffirm that the host UAE, resulting in Pakistan's
According to Bangladeshi officials, at Jammu & Kashmir is an integral part Foreign Minister Shah Mehmood
least 1,300 Rohingya have arrived of India and is a matter strictly Qureshi boycotting the plenary.
there in recent months. Abdur internal to India," Spokesperson in the
Rahman had fled to India in 2012 Ministry of External Affairs (MEA) Swaraj attended the meeting in Abu
after deadly riots in Myanmar’s Raveesh Kumar said. Dhabi on March 1 as the guest of
Rakhine State had targeted the honour at the invitation extended by
Rohingya and Kaman Muslim Earlier, the Pakistan Foreign Office the Foreign Minister of the United
communities. Although registered by said that the 46th session of the Arab Emirates. "We deeply appreciate
the UN refugee authorities in India, Council of Foreign Ministers (CFM) this historic gesture on the 50th
he is now in Bangladesh. “Earlier we of OIC concluded with a resolution anniversary of their first meeting," the
never faced trouble in India,” he told that "supported" Pakistan on the MEA spokesperson said.
us. “But now we feared we would Kashmir issue.
be repatriated to Myanmar. We don’t The OIC also called for "restraint and
want to go back to Myanmar.” "In a resolution, the OIC member de-escalation" in South Asia as well
states reiterated that Jammu and as the need to resolve outstanding
The Indian government should Kashmir remains the core dispute issues through peaceful means, the
immediately reverse course. It should between Pakistan and India and its Pakistan Foreign Office said.
assist Rohingya refugees while calling resolution is indispensable for the
upon Myanmar to ensure justice for dream for peace in South Asia," it
victims of abuse and create claimed.
conditions for their safe and voluntary Support us for the
return. All Rohingya in India should The resolution also "expressed deep
have access to a fair procedure concern" over the alleged human creation of a just and
through the UN refugee agency. But rights violations in Kashmir, the equitable society
India also needs to recognize that Pakistan Foreign Office claimed,

Vol. XVI No. 3 March 2019 17


News From the National Human Rights Commission

NHRC Open House Discussion people as well as greater social social sector neglect, which is now
on Rural Development and transformation, which can be ensured the key area of government’s focus.
Human Rights concludes with with the participation of government He said that despite Sarva Shiksha
several important suggestions agencies, civil society organizations Abhiyan, the learning outcomes are
seeking to reduce gap between and NGOs. unsatisfactory and therefore, efforts
the policies and their are on to improve the situation
implementation because education holds the key to
The National Human Rights poverty alleviation. Citizen centric
Commission, NHRC, India Apps are being developed to provide
organized an Open House an interface locally for grievance
Discussion on Rural Development Mr. Amarjeet Sinha, Secretary redressal. Public information
and Human Rights at Manav Adhikar Ministry of Rural Development, campaign is also been encouraged.
Bhawan, New Delhi today on the Govt. of India highlighted various All Gram Sabhas have been requested
27th February, 2019. In his welfare schemes of the government to put a notice board highlighting the
inaugural address, Mr. Justice H.L. aimed at improving the life and living welfare schemes for awareness.
Dattu Chairperson, NHRC said that standards of people in rural areas of Social audit tools have been
the objective of the Open House the country. Quoting the global multi developed, which can be used to audit
Discussion is to raise awareness dimensional poverty index 2018, he any schemes. Allocation for rural
amongst all the stakeholders with said that India has made momentous development has gone up steeply. Mr.
regard to the linkage between Rural progress in reducing multidimensional Sinha said that Anganwadis require
Development and Human Rights. poverty, which was almost halved having their own good buildings for
between 2005/6 and 2015/16, which the Centre is providing
He said that the grass root level climbing down to 27.5% from 635 financial assistance but the States also
democracy ushered in by a million poor persons to 364 million. need to pitch in their efforts for this.
constitutional amendment at the He said that making a difference to The housing in rural areas is being
village level, defines the legal rural poverty is the way forward to promoted with a human rights
framework of the Rural Development ensure people’s rights, opportunities perspective by provisioning the
Institutions in India. It has a close and their well being. construction of houses having a
link with the rights based approach dignified space of at least two rooms
to development. He said that the Mr. Sinha said that in order to ensure with an attached toilet, kitchen and a
Commission has come across several transparency in the delivery veranda in 25 sq. meters area.
complaints with regard to non- mechanism, the government has also Employment alternatives are being
availability of basic facilities in rural started geo tagging of the worked out for the rehabilitation of
areas, including roads, electricity, beneficiaries with their assets. The manual scavengers.
schools or teachers without schools, focus of the government programmes
among others. and schemes is to improve the lives Prof. Dr. Nupur Tiwari of Indian
of rural household from prism of Institute of Public Administration,
Justice Dattu referred to a complaint opportunities, human rights and Delhi raised concerns on the
received in the Commission alleging poverty alleviation, which is very Provisions of Panchayats (Extension
that children had to cross a river to much in tune with the Sustainable to the Scheduled Areas) Act, 1996,
attend their school in the absence of Development Goal, SDG-17, which PESA. She said that the
a bridge. It was constructed after the mostly pertains to rural development. implementation of schemes is uneven
intervention of the Commission. He across states. The role of Gram Sabha
said that rural development implies Mr. Sinha said that the lack of health and Gram Panchayat lack clarity. The
both the economic betterment of and education facilities dominated the participants generally felt that there

Vol. XVI No. 3 March 2019 18


was still a gap between the policies prospective beneficiaries do not NHRC issues notice to the
and implementation thereof at the have to run from office to office Government of Assam over
ground level. in different departments under hooch tragedy; also asks the
various Ministries; Union Home Ministry to issue
Earlier, Mr. Jaideep Govind, Secretary 9. Constitute a special task force to necessary directions to the
General, NHRC said that the NHRC indentify the places of dry latrines Directors General of Police of all
through its various interventions has to end the menace of manual the States and UTs to enhance
been ensuring the benefits of all the scavenging; vigil to check illicit liquor
welfare schemes as well as the basic 10.NHRC in collaboration with menace
amenities to the people in different SHRC and civil society should The National Human Rights
parts of the country. It has also linked ensure access to the grievance Commission, NHRC, India has taken
its online complaint registration redressal mechanism in rural areas suo motu cognizance of media reports
mechanism with Common Service 11. Eligibility criteria for providing that the number of deaths climbed to
Centres to expand its outreach to the skill development training for rural 143 till the last Sunday after
people in order to get redressal of people is very high, which, consuming toxic liquor in Golaghat
their grievances related to rights specially for the rescued bonded and Jorhat districts of Assam on
violations. labour, needs to be scaled down Thursday night. Reportedly, there are
to make it useful for them; more than 300 people admitted for
Some of the important suggestions 12.Each department under various treatment in the hospitals. As per
emerged during the discussions were Ministries should have a rights news report, the police authorities
as follows: cell; have expressed apprehension that the
1. Increase the number of days of 13.Human Rights Defenders, who Methanol used in the hooch is the
assured employment under raise concerns on the rights reason behind the deaths but the exact
MGNREGA with wages violation of others, should be cause of death will be known only
commensurate with the defended in collaboration with after the examinations are conducted.
provisions of Minimum Wages civil society organizations;
Act; 14.Partnership with media should be The Commission has issued notices
2. Ensure mechanism for excess to encouraged to build awareness on top the to the Chief Secretary,
justice in rural areas; various welfare schemes with a Government of Assam calling for a
3. Improve payment system for rights perspective; detailed report in the matter, within
Anganwadi centres as a number 15.It should be ensured that the four weeks including action taken
of children still remain victims of Kamaiya system also against the officers/officials, relief
malnourished; get employment under and rehabilitation provided to the
4. Road connectivity and other MGNREGA and the benefits victims and their dependents along
facilities apart, ensure availability under skill India programme with status of the medical treatment
of potable water as a major being provided to those who are still
challenge; Besides the NHRC Members, Mr. fighting for their lives in the hospitals.
5. Ensure rehabilitation of displaced Justice P.C. Ghose and Mrs. Jyotika
persons; Kalra, the participants included civil The Commission also expects from
6. Ensure that books and uniforms society representatives Ms. Maja the union Home Secretary to issue
reach the school going children Daruwala and Sanjoy Hazarika, CHRI, necessary directions to the Directors
in time and not towards the end Dr. Nupur Tiwari, Associate Prof., General of Police of all the States and
of the academic session in rural IIPA, Mr. Surendra Kumar, AVARD, UTs calling upon them to look into
areas; Ms. Suman, FIAN, Mr. Bejwada the matter personally and issue
7. Give some powers, including Wilson, Safai Karamchari Andolan, Ms. relevant guidelines to enhance police
judicial and financial to Gram Neha Khandoori, Ms. Tina Kuriallose, patrolling and vigil in the affected
Panchayats; Mr. Vinod Agarwal, Spl. Rapporteur, areas of their states and take strict
8. Synthesize the work related to NHRC, Mr. Surajit Dey, Registrar legal action against the culprits. If
various welfare schemes under (Law), Mr. Dilip Kumar, JS(T&R), Dr. necessary, special teams at the district
different Ministries in a manner Ranjit Singh, JS(P&A) and other senior level be constituted to clamp down
so as to ensure that the officers of the Commission. on the perpetrators of law, in an

Vol. XVI No. 3 March 2019 19


effective manner. Response from the local distributors. The distributors, interviews of some women garment
Union Home Secretary is expected reportedly, purchased five liter cans industry workers, aired by three radio
within four weeks. for between Rs. 350 to Rs. 450 to stations, which are free and broadcast
sell it to the consumers. One of the through mobile phones, set up across
The Commission has observed that villagers had stated that there were Tamil Nadu, during last year.
a few days back, it had expressed at least three persons in the village,
concern over the death of people in who instead of making hooch from The Commission has observed that
hooch tragedy in Uttar Pradesh and jaggery, just mixed spirit with water the contents of the news reports, if
Uttarakhand as apparently, the State and sold it openly. It is also mentioned true, raise a serious issue of violation
authorities had failed to take effective in the news reports that some people of human rights. Accordingly, it has
measures and stringent action against mixed spirit with liquor before issued a notice to the Chief Secretary,
the errant officials and the violators consuming, which led to their deaths. Government of Tamil Nadu calling
of law. It appears that this issue of Reportedly, as many as five for a detailed report in the matter
spurious and illicit liquor is not suspected distributors of the hooch within four weeks.
restricted to one or two states rather were also among the dead.
it has become a serious issue at the It has observed the reported denial
national level. The law is very much As reported in the media, the State of basic facilities to the workers,
in existence to deal with this menace Excise Minister hadstated that the employed at these industries is a
but in view of present scenario, it phenomenon of “Sulai” (hooch) matter of concern for it. Toilets,
seems that there is a need to sensitize consumption was not just restricted Drinking water, First-aid and Special
the police and the excise authorities to Assam but all of the North-East. provisions for the female workers are
in the states to be more active and He promised to clamp down on the the most crucial and primary
vigilant so that precious human lives network of illicit distribution and take requirements at the workplaces.
are not lost. An effective mechanism action against the guilty excise Denial of the basic facilities by the
is required to be evolved to curb the officials, after the inquiry. The news factory owners to their employees is
unlawful network of spurious liquor report also states that more than seven not only violation of the law and
manufacturers and distributors who lakh liters of illegally distilled liquor prescribed norms but a serious
are playing with the lives of the had been seized in the State of Assam violation of human rights. The
innocent people. from April, 2016 to November, 2018. workers have right to dignity. There
is a need for the authorities to look
According to the media reports, at NHRC issues notice to the into the matter and take action. A
least 20 people, have been arrested Government of Tamil Nadu over national level campaign for cleanliness
by the police in connection with the reported denial of basic is going on across the country which
incident in Assam. During a raid at a amenities to garment industry is being promoted by the Government
godown, the police have recovered workers in the state of India in collaboration with the
jaggery, alum and urea which are the The National Human Rights states and it includes proper toilets,
main ingredients used in making the Commission, NHRC, India has taken sanitation and clean environment.
illicit liquor. The Excise Department suo motu cognizance of a media Irregularities as mentioned in the
has reportedly stated that the poor report highlighting the plight of news report are in violation of the
quality jaggery, meant for cattle feed thousands of the garment factory “Clean India Campaign”.
is routed for making hooch and it is workers, who are employed in large
impossible to check its sale. The number at Factories and Mills in The Commission has said that going
records furnished by the Excise different parts of Tamil Nadu. The by the contents of the media report,
Department however expose lapses news report reveals that many of the it appears that the workers at these
on their part. factories and mills in the state, which garment factories and mills are
is the largest textile and garment working in miserable conditions.
Reportedly, two persons were industry hub in the country, operate There is no formal grievance
arrested from Jugibari village of informally with inferior working mechanism available for the workers
district Golaghat in December, 2018. conditions and poor grievance due to which, even the basic amenities
The village is adjacent to “Halmira Tea mechanism for their workers. The at these places are absent. It has also
Estate” which supplies hooch to the media report is based on the commended that radio stations set up

Vol. XVI No. 3 March 2019 20


across the state of Tamil Nadu for Resource Development calling for According to the media reports,
raising such issues. reports in two weeks. Notices have carried today on the 21st February,
also be also issued to the Chief 2019, the Union Human Resource
According to the media report, Secretaries of the Governments of Development Minister, Mr. Prakash
carried today on the 21st February, Uttar Pradesh, Uttarakhand and West Javadekar has dismissed reports of
2019, these radio stations are giving Bengal as well as the Commissioner alleged harassment of Kashmiri
voice to the thousands of garment of Police, Delhi calling for their students outside their state in the
workers, whose grievances remained reports on the incidents mentioned wake of Pulwama terror attack and
unheard by the authorities, so far. A in the news reports within four said that the government is in touch
woman, working in a garment weeks. with all institutions in this regard.
factory approached the radio station However, it has also been reported
and narrated her story as to how she The Commission has further that two Dehradun based educational
queued three times to use one of the observed that giving such bad institutions have stated on record that
only two toilets provided by the treatment by targeting people of a they will not admit Kashmiri students
factory owner, for 200 employees particular region of the country by in future as the colleges, where the
where she is working in Chennai. She some elements will destroy the Kashmiri students are studying, were
told during radio broadcast that due democratic fabric of the country. threatened by the mob. At least 10
to scarcity of the toilets, the factory India is one of the most religiously Kashmiri students have been booked
workers have been forced to use a and ethnically diverse nations in the and around 20 suspended or
corner of the mill as a toilet where world and has a rich tolerant culture, rusticated from colleges across the
waste cotton is discarded during the which is identified and respected country for what officials called
process. The humiliated lady decided across the world. Such incidents “anti-national” social media posts.
to share her daily ordeal and the would only tarnish the image of the Once of the colleges suspended its
factory managers have now, country. The Central Government has Dean from Jammu & Kashmir as the
reportedly, begun to add more toilets to act quickly by taking action against mob asked to do it.
at her workplace. the miscreants. There is a need for
sensitization of local authorities, As per media reports, several
NHRC notice to the Union police agencies and the general public Kashmiri students, migrants, traders
Ministries of Home and Human to maintain law and order at every and professionals have had to pack
Resource Development over cost. up and leave from different parts of
reported ill-treatment of the country particularly, Uttarakhand
Kashmiri people and students in It added that though there is an and Haryana. As per media reports, a
different parts of the country atmosphere of grief and anger across 19 year old girl from Pulwama,
post Pulwama terror attack the country after the terrorist attack posted some contents in praise of
The National Human Rights on the convoy of the CRPF in Pakistan on her Instagram account
Commission, NHRC, India has taken Pulwama in which 42 soldiers were and six students belonging to the same
suo motu cognizance of media reports martyred but even in extreme group were suspended by a university
regarding attack on Kashmiri people, situation, a civilized society cannot in Roorkee.
including students studying in various accept such kind of violence by the
institutes at different places in the people against their fellow Apart from this, there are media
country in the aftermath of terrorist countrymen. Rustication, suspension reports stating that 34 workers had
attack in Pulwama on CRPF convoy. or action against the students, as left Muzaffarnagar and some more
The Commission has observed that mentioned in the news reports, can are planning to leave as some
the media reports on the incidents, if be a matter of investigation on merits members of “Bharatiya Kisan Union”
true, raise serious issue of violation but the incidents of ill-treatment of protested outside the mill and
of human rights. The contents therein the Kashmiri people in different parts demanded that Kashmiri workers
are shocking and very disheartening. of the country is definitely in violation should be sent back. The Union said
of Article 14 of the Constitution of that people abuse and throw stones
Accordingly, it has issued notices to India, which protects equality before at the soldiers in the valley and come
the Union Home Secretary and the the law and equal protection of laws here to take shelter, hence they
Secretary, Union Ministry of Human within the territory of India. should be sent back to the valley. As

Vol. XVI No. 3 March 2019 21


mentioned in the news report, a 22 Describing the incident as inhuman, The Commission has further
year old worker has stated that there the Commission has said that it observed that there have been many
are very few jobs available in the condemns all such incidents and has instances in India as well as Pakistan,
Kashmir due to which Kashmiri called for stringent action against the when citizens of other countries are
youth prefer to come here to earn an miscreants to ensure that Right to Life targeted by the native prisoners, due
honest living but now it has become of the prisoners are not violated while to anger and hatred. One Indian
very difficult to stay back. they are in lawful judicial custody. citizen, Sarabjit Singh who was
Accordingly, the Commission has serving sentence in a Pakistan jail was
The District Magistrate of issued notices to the Chief Secretary also attacked in a similar manner and
Muzaffarnagar has reportedly stated and the Director General (Prisons), later he succumbed to his injuries
that they do not have a count of Rajasthan calling for reports within during the course of treatment. These
Kashmiris working in the area and four weeks. kinds of incidents may aggravate the
they have not received any official grim situation, violating the human
complaint either from the police or The Commission on the basis of the rights of the innocent citizens,
the mill authorities. He has however media reports has also held that the particularly those who are in jails.
stated that due action will be taken if authorities are expected to take
any kind of misconduct is noticed. immediate precautionary measures in According to the media reports,
the jails, where Pakistani nationals are carried today on the 21st February,
Another news report published in the lodged in the wake of prevailing 2019, the victim, a resident of Sialkot
newspaper reveals that two Kashmiri atmosphere. It has also directed its in Pakistan, was arrested in the year
youths, who were travelling in a train Registry to send a copy of the 2011 under Unlawful Activities
were beaten up as the mob called proceeding in this matter to the Chief (Prevention) Act and he was serving
them stone pelters. The victims have Secretaries of all the States and UTs a life sentence in the jail. Quoting
been selling shawls from Kashmir in across the country for strict Rajasthan police sources, it is also
Haryana. They are reportedly staying compliance and taking necessary reported that an investigation into the
in Delhi since December, 2018 and action in their respective States. killing will be conducted under the
have been conducting their business guidelines issued by the National
for the last 10 years. As the mob The Commission has observed that it Human Rights Commission and an
attacked them, they somehow is immaterial whether the victim was FIR u/s 302 IPC has been registered
managed to escape leaving behind an Indian citizen or a foreigner, he was in the matter. Pakistan’s High
their articles, valuing around Rs. 2 a human being and the Apex Court has Commission in New Delhi has
lakhs. Similar incident has occurred, also held in the case of Charles Shobraj reportedly raised the issue with the
reportedly, in Kolkata, West Bengal. v. Superintendent of Central Jail, Tihar Indian authorities and requested for
that imprisonment does not spell an urgent and authentic report in the
NHRC condemns killing of a farewell to fundamental rights matter.
Pakistani prisoner by fellow guaranteed under Constitution of India.
inmates in Jaipur Central Jail; Once, someone is kept in the custody
issues notice to the Government of the State even in the jail, being a
of Rajasthan and also asks all lawful custodian, the State is duty
Please subscribe to
the States and UTs to take bound to ensure his safety and security. Human Touch
precautionary measures in all and support us for
jails where Pakistani nationals The Commission has also noted the
are lodged reported allegations, leveled by the
creation of a just and
The National Human Rights Pakistan government, that the inmate equitable society and
Commission has taken suo motu was killed in retaliation to Pulwama Contribute Articles and
cognizance of media reports that a attack and the reported denial of them
Pakistani national, serving life by the State prison authorities.
Support Our Cause in
sentence in the Jaipur Central Jail, However, it has pointed that keeping Creating a Just and
Rajasthan, was killed on Wednesday in view the timing of the incident, the Equitable Society
in a brawl with four inmates allegedly allegations are required to be looked
over the volume of a television set. into, thoroughly.

Vol. XVI No. 3 March 2019 22


International Human Rights Update

Some Child Soldiers Get conflict with a so-called terrorist Once a child is arrested, security
Rehabilitation, Others Get group, children are prosecuted as forces can torture him to coerce
Prison criminals and sentenced to prison as confessions. Late last year, a
He was just a 14-year-old schoolboy colleague and I interviewed twenty-
when the Islamic State of Iraq and nine boys who had been detained as
al-Sham (ISIS) took over his city, ISIS suspects in Iraqi Kurdistan.
Mosul, in northern Iraq. His school terrorists. Nineteen described abuse that
soon shut down. With little else to amounts to torture. They said that
do, he said, he joined ISIS to make If the boy from Mosul had been part interrogators beat them with plastic
money. He said he received twenty of an armed group in Colombia, the pipes, electric cables, or rods,
days of training, and then worked as Democratic Republic of the Congo, sometimes for hours. Some said they
a cook, making about $50 a month. or any number of other conflict were given electric shocks or tied into
“I never wanted to fight,” he said. countries around the world, he might painful positions.
“That’s why I stayed a cook.” be back in school or getting
vocational training. In the past twenty Their interrogators didn’t seem to
Kurdish security forces in northern years, tens of thousands of former care whether they were really part
Iraq captured him during a military child soldiers have benefited from of ISIS. One 17-year-old told me his
offensive in the fall of 2016, and rehabilitation programs designed to interrogators said, “You need to say
detained and interrogated him. Last help them rejoin society. These you were with ISIS. Even if you
year, a Kurdish court convicted him programs recognize that recruiting weren’t, you need to say it.” All but
of terrorism. When a colleague and I children for armed conflict is a one of the boys we interviewed said
met him in November in a violation of international law and that they eventually confessed to ISIS
reformatory in Erbil, he had been in the primary violators of the law are association, believing they had no
prison for more than two years. the adult recruiters, not the children. other choice. One 16-year-old boy
told us, “My confession says that I
With the rise of violent extremist When it comes to ISIS, however, joined ISIS for sixteen days, but
groups like ISIS, al Qaeda, al- children who have been involved actually, I didn’t join at all. I said
Shabab, and Boko Haram, many with the group in any capacity are sixteen days to stop the torture.”
countries have adopted much more increasingly being treated as criminals
aggressive counterterrorism and charged with terrorism. The Over the past twenty years, I’ve
measures, including a marked situation is particularly dire in Iraq, interviewed scores of child soldiers
increase in the detention and where the government of Iraq and from Uganda, Sri Lanka, Nepal,
prosecution of children. The United the Kurdistan Regional Government Myanmar, and other conflicts. Some
Nations has documented a five-fold (KRG) are currently detaining an were recruited by force, while others
increase in the number of children estimated 1,500 children for alleged joined armed groups or forces to
detained in the context of armed ISIS involvement. A child may be earn money, gain status, to escape
conflict since 2012. arrested simply because someone family problems, or because they
from their village reported them— were influenced by friends or
These practices have created an rightly or wrongly—as connected to relatives. The children I interviewed
unfair and dangerous double ISIS. One father told us about the in Iraq who admitted joining ISIS
standard: in “traditional” armed arrest of his 14-year old son: “People were no different. Several said they
conflicts, child soldiers are seen said they had seen him with ISIS. He joined ISIS to make money or
primarily as victims who need was hanging out with them because because their friends had joined. One
rehabilitation assistance and help they were his friends and his cousins, said he joined “to feel brave and
reintegrating into society. But in a that’s it.” powerful.” Multi-country research by

Vol. XVI No. 3 March 2019 23


United Nations University has found should work with such agencies to facts. First, the film was shown in
that contrary to conventional set up rehabilitation programs that can theatres in Egypt only after several
wisdom, ideology is rarely the help children affiliated with ISIS to scenes were cut, two sources in
primary force motivating children’s reintegrate back into society. Cairo told Human Rights Watch. Were
association with violent extremist Mercury in Egypt today, he could be
groups. Whether a child soldier gets sent to charged under Egypt’s debauchery
prison or rehabilitation should not be law, like 76 people were last year
Many of the children I interviewed based on labels or a matter of chance. according to Cairo-based rights
in Iraq who joined ISIS now express The recruitment of children by armed organization Bedayaa. He could
regret. “The only reason we joined is groups is always illegal. Prosecutions undergo a forced anal examination,
because we were young and didn’t should focus on the recruiters, not which involves a doctor inserting a
think,” said a 17-year old boy. “We the children. What the children need finger into an accused person’s anus
were just kids.” Most said that once is help rebuilding their lives. to determine whether they are
they are released from prison, their “habituated” to anal sex.
only desire was to reunite with their Egypt Should Win an Oscar for
families, and go back to school or Hypocrisy Over Praise for Rami Freddie Mercury would not be
get jobs. Malek allowed an interview on Egyptian
Egyptian authorities were eager to media. The Supreme Council for
There’s no doubt that some children claim a connection to Egyptian- Media Regulation issued a 2017
have committed terrible crimes during American actor Rami Malek after his prohibition on “homosexuals”
armed conflict. If so, they can be best actor win at the Academy appearing on any media outlet except
prosecuted under international law, Awards last week. Egypt’s when they “repent” for their sexual
taking their age into account and Immigration Ministry even tweeted conduct. Media outlets are forbidden
adhering to international standards. a quote from Malek’s Oscar to “celebrate” homosexuality. Just for
But prosecuting children for any acceptance speech. interviewing Freddie Mercury – or,
affiliation with ISIS is not justice, and for that matter, Rami Malek speaking
will not help Iraq rebuild its society. But Malek’s full speech has not and positively about Freddie Mercury – a
On the contrary, it’s likely to only could not be reported in Egyptian host could be sentenced to prison,
marginalize these children further, media. as happened to Mohamed Al-Ghaity
and even their families, and foster last month for interviewing a gay
future grievances. “We made a film about a gay man, man.
an immigrant, who lived his life just
At the end of the brutal civil war in unapologetically himself,” said Malek Rami Malek took home his Oscar
Sierra Leone, a special court was of music legend Freddie Mercury of because he gave life, joyfully, to a
established to prosecute those most Queen, whom he portrayed in the queer icon. But Egypt under
responsible for war crimes during the film Bohemian Rhapsody. President Abdel Fattah el-Sisi would
conflict. The court’s prosecutor, not allow either a Mercury to thrive
David Crane, announced that as a One can laud an actor without on its soil, or Malek to celebrate him.
matter of principle, he would not embracing the character they embody
prosecute children. “I want to – who didn’t love Anthony Hopkins Transfer of ISIS Suspects,
prosecute the people who forced as Hannibal Lecter? But Bohemian Including Foreigners, to Iraq
thousands of children to commit Rhapsody is not just a film that Raises Torture Concerns
unspeakable crimes,” he explained. happens to be about a gay, or more Recently, the US-backed Syria
likely, bisexual celebrity – Malek’s Democratic Forces (SDF)
UNICEF and child-focused agencies performance celebrates Mercury as transferred at least 280 suspected
such as Save the Children or War unabashedly, flamboyantly queer. Islamic State (ISIS) members to Iraq,
Child have years of experience following their arrest in Syria.
helping children associated with If the Egyptian government and its Though the detainees are
armed groups get back into school apologists want to own a piece of overwhelmingly Iraqi, there were
and get the rehabilitation help they Malek’s Bohemian Rhapsody reportedly at least thirteen French
need. Iraqi and KRG authorities triumph, they should own up to the ISIS suspects among them. Their

Vol. XVI No. 3 March 2019 24


transfer to Iraq raises a critical issue: It would be galling if France, a referring to people arrested for
where exactly should these detainees member of the European Union, with undertaking “coordinated and
be held? a key foreign policy goal of organized activities… that aim to
eradicating the death penalty globally, undermine the Kingdom’s security,
On February 25, Iraqi President did not speak out publicly even as its stability, and national unity” who will
Barham Salih announced that the citizens risk prosecution and death in face charges and the prosecution is
Iraqi justice system would be unfair trials that deny victims their in the process of referring them for
prosecuting at least thirteen French day in court. Any country allowing trial. There was no mention of any
ISIS suspects “according to Iraqi Iraq to receive and prosecute its investigation into the torture
law.” His statement marks the first citizens should press the government allegations.
transfer of foreign ISIS suspects to to take urgent measures to improve
be publicly recognized by the Iraqi the quality of these prosecutions. The crackdown on women's rights
government, and also comes after Otherwise, it should take its nationals activists began just weeks ahead of
many European government have home and investigate and, if the much-anticipated lifting of the
refused to bring home and prosecute appropriate, prosecute them in trials driving ban on women on June 24, a
their nationals who joined ISIS. that meet internationally-accepted fair cause for which many of the detained
trial standards. activists had campaigned. While some
Iraq’s judiciary convened on were quickly released, others remain
February 28 to discuss how it would Women’s Rights Activists detained without charge. They
“examine the cases of terrorism Charged in Saudi Arabia include Loujain al-Hathloul, Aziza al-
suspects – both national and foreign Saudi Arabia’s public prosecution Yousef, Eman al-Nafjan, Nouf
– recently handed over to Baghdad agency announced on March 1, 2019 Abdelaziz, Mayaa al-Zahrani, Samar
by the SDF. that the country’s leading women’s Badawi, Nassima al-Saada, Hatoon
rights activists who have been al-Fassi, Shadan al-Onezi, and Amal
Despite Salih’s assurance that Iraq is detained following arrests that began al-Harbi, all women’s rights activists,
acting within the confines of in May 2018 would face charges and as well as male supporters of the
international law, the record of be put on trial, Human Rights Watch movement, including Mohammed
previous ISIS trials in Iraq shows that said today. The prosecutors did not Rabea, a social activist. On February
these transfers may instead violate it, specify the charges. 26, Jared Kushner, United States
as detainees risk torture in detention. President Donald Trump’s son-in-law
Furthermore, detainees are subject to Human rights organizations began and adviser, met with the Saudi king
unfair trials that could still end in the reporting in November that Saudi and Crown Prince Mohammed bin
death penalty. Human Rights Watch interrogators tortured at least four of Salman in Saudi Arabia.
opposes the death penalty in all the women, including with electric
countries and under all shocks and whippings, and had
circumstances, but in Iraq, where the sexually harassed and assaulted them.
trials of ISIS suspects fail to meet
even the most basic markers of due “The Saudi prosecution is bringing
process, its application is particularly charges against the women’s rights
concerning. activists instead of releasing them
unconditionally,” said Michael Page,
Until now, trials of ISIS suspects in deputy Middle East director at Human
Baghdad, which have lasted as short Rights Watch. “The Saudi authorities
as 5 minutes, have consisted of a have done nothing to investigate
judge interviewing the suspect, serious allegations of torture, and
usually relying on a confession, often now, it’s the women’s rights activists,
coerced, with no effective legal not any torturers, who face criminal Support us for the
representation. Authorities have also charges and trials.”
made no efforts to solicit victim creation of a just and
participation in the trials, even as On March 1, Saudi public equitable society
witnesses. prosecution issued a statement

Vol. XVI No. 3 March 2019 25


Rural Sanitation in India:
An Area of Concern

S
anitation is one of the biggest for environmental health problems sanitation as vital to global health.
problems in the India. Officially needs to be strengthened. More Today, the Organization continues to
it has been given some priority, personnel need to be trained in help Member States improve
but for common people it seems environmental epidemiology, sanitation status, respond to sanitation
something remote, something that environmental health impact needs during emergencies and
doesn’t have anything to do with assessment, and environmental increase policies and actions that
them. But it affects each and toxicology, economic valuation of expand access to this basic service.
everybody. Many developmental environmental health, waste water
programmes focused on livelihoods The government is engaged in
and sanitation, awareness, education bringing about rapid change and
and capacity building and the role of sustainable development and socio-
International Finance Institutions in economic transformation in rural
sanitation. India saw a major fillip in treatment, food product development, India. To match economic liberation
its sanitation program during and food safety. The efficient water and structural adjustment and to
implementation of the sixth Five Year purification processes can make the provide fir safety net, as per one of
Plan (1980- 85) and start of internal quality of water superior to the the research conducted by Dr. Sumit
decade for drinking water and traditional water systems. Singh (MBBS) on “Rural Hospital
sanitation. In 1986 Department of Waste Management” in 2005, for
Rural Development, Government of However, the risk of contamination rural poor, government has allocated
India initiated the Central Rural is possible if the handling practices more than 40,000 crores but still the
Sanitation Program (CRSP) for are not closely monitored. To ensure situation is almost same in most of
providing rural sanitation services. In water safety and prevent water-borne the rural areas, there are number of
light of the 9th Plan strategy and food-borne diseases, the rural areas in Bihar, Jharkhand, Utter
Government of India, introduced a government should regulate the Pradesh, Orissa, Tamil Nadu,
comprehensive sanitation program in operation of water refilling stations. Maharashtra, Rajasthan, Madhya
name of Total Sanitation Campaign Ultimately, there is a need to improve Pradesh, Chhattisgarh, and almost all
(TSC) with objectives of improving the microbiological safety of drinking states of northeast India, where the
the sanitation coverage on demand water to provide a harmonized situation is too worse. Rate of
driven principles. framework and scientific basis for development is almost zero. And still
quantitative microbiological risk government is proudly saying that we
The concept of sanitation includes assessment of drinking water. Lack are development our standard of living
personal hygiene, home sanitation, of sanitation is a serious health risk day by day.
safe water, and disposal of garbage, and an affront to human dignity. It
human excreta and affects billions of people around the As per a survey data following are
wastewater.Water, food and world, particularly the poor and some drastic results which clearly
sanitation are crucial to life and all disadvantaged.Sanitation is a basic indicate the governmental neglected
forms of socioeconomic and need and a way to ensure better care and devotion for humanity.
environmental development that health.
needs sustainability. Safe water, food 1. Lack of sanitation facilities
and sanitation are prerequisite for The United Nations declared 2008 as forces people to defecate in the
sustaining good health, quality of life the International Year of Sanitation to open, in rivers or near areas
and to ensure wealth creation in make it a priority for governments, where children play or food is
developing countries. The capacity of organizations, civil society and private prepared. This increases the risk
the national, regional and local levels partners worldwide. Since its of transmitting disease. The
to address water, food and sanitation inception, WHO has defined Ganges river in India has 1.1

Vol. XVI No. 3 March 2019 26


million litres of raw sewage 8. In the wake of disasters and in water in schools can create an enabling
dumped into it every minute, a everyday life, absence of learning environment that contributes
startling figure considering that common public health services to children’s improved health, welfare,
one gram of faeces in untreated and advise enhance personal and learning performance (Shipra
water may contain 10 million risks. Saxena, SACOSAN II, Sept.2006).
viruses, one million bacteria,
1000 parasite cysts and 100 The nationwide TSC has set To conclude, the real challenges in
worm eggs. ambitious targets of attaining the sanitation are to find ways and means
MDG targets by the end of tenth five to stimulate and sustain demand (and
2. Examples of diseases transmitted year plan itself. This commitment thus resources) for sanitation at all
through water contaminated by was made in recognition of the high levels, from the private household to
human waste include diarrhoea, costs of inadequate sanitation the national budget. Supply-driven
cholera, dysentery, typhoid, and including: the death of approximately approaches to building more toilets
hepatitis A, 40% death child in a million people a year, most of them with household subsidies have often
north east India is due to lack of children, from sanitation -related been ineffective, as they can waste
sanitation in 2009. diseases besides the environmental resources building sanitation facilities
3. Health-care facilities need proper damage; and the shame, indignity, that are unwanted, inappropriate, and
sanitation and must practice and nuisance caused to millions of unused. When community members
good hygiene to control its people by inadequate sanitation. have committed their own time, effort,
infection. In India 5% to 30% and resources to establishing improved
of patients develop one or more water and sanitation systems, they are
infections during stays in health- more committed to maintaining and
care facilities. sustaining their investments. For basic
4. Each year more than 10 Crores sanitation, Government of India will
people are affected by droughts, have to ensure that public funds are
floods, tropical storms, allocated principally to the promotion
earthquakes, forest fires, and and stimulation of demand for
other hazards. Sanitation is an sanitation. Public financing for
essential component in sewage, drainage, and wastewater
emergency response and treatment and garbage is warranted,
rehabilitation efforts to stem the as they produce benefits for society
spread of diseases, rebuild basic as a whole, as well as better services
services in communities and help to households.
people return to normal daily
activities. (source:- WHO) Still around 60% percent of the total For better livelihood and safe social
5. Studies show that poor rural population remains without growth government should initiate
sanitation is responsible for 1.5 access to adequate sanitation. The vast effectively Process Control Oriented
million deaths every year, mostly majority of this un-served population Management System, can therefore
among under-five children living is poor rural inhabitants. By a simple help water and food authorities to
in India. estimate, India needs to ensure coordinate the functions of their
6. Inadequate sanitation additional 106 million people with various water and food quality
discourages children to attend household toilets to meet the MDG management systems to provide
school, particularly girls. Access target. Though huge progress has assurance of safe products. For this
to latrines decreases girls’ been registered in terms of creating reason, there is an urgent need to
enrolment in the basic schools water and sanitation facilities in promote and enforce the more recent
in Bihar. schools, still in large number of schools environmental laws and technologies
7. Absence Hygiene education and the sanitary and hygienic conditions to address access to clean water, safe
promotion of hand washing are appalling, characterized by the foods and sanitation for people’s
tools increse diarrhoea cases by absence of properly functioning water preferences at its fullest.
up to 65%. And death rate by supply, sanitation, and hand washing
56% in rural areas. facilities. Hygiene, sanitation, and - HT Bureau

Vol. XVI No. 3 March 2019 27


The Myth of Dalit Empowerment:
Dalit Village Votes for the First Time
- M Shamsur Rabb Khan

T
he grand victory for Mayawati panchayat of Makdumpur block in have been deprived of their voting
in the recently concluded 15th Jehanabad district, a group of armed rights for speaking out against the dis-
UP Assembly elections coin- Bhumihars prevented Dalits from en- crimination by upper-caste Hindus in
cided with an unusual incident in the tering the polling booths. It was only the panchayat elections.
history of Indian elections. A Dalit vil-
lage – Naukagaon in Ballia district In a paper (Panchayatri Raj Institu-
voted for the first time since inde- tions and Human Rights in India,
pendence! All these 60 years, this vil- 2002), George Mathew of Institute
lage, like many others, was denied after the arrival of the police force of Social Sciences has depicted,
the right to vote by upper caste mem- that they were able to vote. In “There has been a sharp increase in
bers of the adjoining villages. This Churamanchak panchayat of violent manifestations of casteism in
village is being highlighted, but we Gopalganj district, Dalits were threat- local communities ever since the lo-
are yet to know as to how many more ened four days in advance by motor- cal government system got strength-
such villages out of a total of 638,365 cycle-borne Yadav goons who asked ened through the Constitution amend-
villages (Census 2001) where them not even to look towards the ments. When the panchayati raj in-
marginalized section of society have polling booth on April 15. stitutions have been seen by the up-
been denied voting rights. Now that per castes as the tool for the lower
the Election Commission (EC) has re- An in-depth article on the plight of castes to assert their right as individu-
ceived a pat on the back for its role Dalits in Punjab (Social boycotts, seg- als living in a democratic polity the
in realising the voting rights of the regation, Frontline May 01-21, 2004) latter have become targets of caste
marginalised section of a whole vil- points out that no remedial measures based discrimination and violence.
lage in UP, the issue has once again have been suggested by any party to This rising unrest at the local level
in the limelight as to why Dalits have end such social boycotts. Instead, has become a common phenom-
been denied the adult franchise. Dalit leaders in Sangrur and Bhatinda enon.”
What could be more shameful for the
A newspaper report (Voting rights still largest democracy in the world that
eludes most Dalits, April 2001) states, a Dalit village has been denied the
“the two rounds of panchayat polls right to vote for a full 60 years! How
in Bihar have seen large sections of it all happened? Since the EC pro-
Dalits being denied their voting rights. vided tight security that ensured par-
In Mahnar block of Vaishali district, ticipation of Dlits in the democratic
a bomb explosion claimed the lives process. Why did the EC not ensure
of four Dalits on Sunday. Reports voting rights to the inhabitants of this
suggest that the weaker sections remote village in all the 14 times that
were denied access to polling booths elections were held in the state?
in Hajipur, Phulwari, Barh and
Darbhanga among other areas. The As per reports, in all the previous
caste which was instrumental in de- elections – whether for the Lok Sabha
priving them of their voting rights or the state Assembly – the upper
varied from place to place — castes from adjoining villages have
Bhumihars, Rajputs, Brahmins, forcibly prohibited the poor, illiterate
Yadavs, Kurmis and Koeris. Com- Dalits from voting, threatening them
plaints of Dalits being intimidated with dire consequences if they ven-
were widespread. In Ulasnagar ture to exercise their right to fran-

Vol. XVI No. 3 March 2019 28


chise. It is sheer luck that the EC Dalits continue even today, particu- in keeping them away from the poll-
spotted this anomaly this time, issued larly in rural areas. More importantly, ing booth, and if required use force
special instructions to the district Dalits have been courted by major to chase them away.
magistrate and the SP of Ballia to en- political parties as a mere vote-bank,
sure that these villagers voted. In ad- without giving least thought to their The return of Mayawati promises a
dition, the EC set up a special polling voting rights, giving least thought to newer dawn for the Dalits, as hopes
booth for the villagers of Naukagaon. honour the Act. In fact, it is obvious are high and expectations are ex-
On the D-day, before polling began, that with widespread prejudice within tremely huge. If India has to con-
troublemakers did come but chased the bureaucracy and other adminis- tinue on the path of economic
away by the CRPF jawans. With the trative hierarchy there is very little will progress, as we have been witness-
goons out of the way the authorities to actually implement and enforce ing since the initiation of liberalisa-
went about trying to convince villag- these laws. Now time has come to tion in early 1990s, social inequality
ers to come out and vote, and the implement the laws with absolute needs to be wiped away, and a just
surprised villagers voted for the first strictness, and any official, if fails do social order has to be put in place
time! so, must receive administrative pun- whereby the poor, marginalized and
ishment or are prosecuted. And law the Dalits would have access to
The EC says that democracy tri- enforcing agencies like police that every rights that the Indian Consti-
umphed in Naukagaon village. It did, often side with the upper caste mem- tution grants.
certainly, but after 60 years. Despite bers due to their proximity to the
constitutional provisions and laws, power, political leaders and money
like the Scheduled Castes and Sched- should re-look its approach towards (The writer is the Editor, Consumer
uled Tribes (Prevention of Atrocities) violation of voting rights. In practice, Unity & Trust Society (CUTS),
Act, 1989, violence and injustices, in- sometimes the Dalits are lured by the Jaipur. He may be contacted at
cluding denial of voting rights against upper caste members, who succeed samsur.khan@gmail.com)

Vol. XVI No. 3 March 2019 29


Transgender Ruling:
A Silver Lining in Japan’s Supreme Court Judgement

I
n January, Japan’s Supreme Court lengthy, expensive, invasive, and ir- Two of the justices recognized the
ruled that the country’s law re reversible medical procedures. urgency of Usui’s case, and the need
quiring that transgender people be to reform Japan’s law.
sterilized to obtain documents re-
flecting their gender identity was “The suffering that [transgender peo-
constitutional. The ruling was a blow ple] face in terms of gender is also
to the plaintiff, a trans man who does Japan requires applicants to “perma- of concern to society that is supposed
not want sterilization surgery, as well nently lack functioning gonads” be- to embrace diversity in gender iden-
as all trans people in Japan who view fore they can be legally recognized, tity,” the two justices wrote in their
the requirement as a barrier to ob- which amounts to forced sterilization, concurring opinion. They noted that
taining equal protection of the law. a practice condemned by health and “because gender is treated as one of
human rights bodies across the globe, the attributes of an individual in so-
But while the Supreme Court said the including the United Nations World cial life and in personal relationships,
sterilization requirement was legally Health Organization. In 2013, the UN it can be said that gender is insepara-
valid, two justices on the court, expert on torture called on govern- ble from the existence as a person of
which is not known for being human ments to eliminate surgical require- an individual.” They concluded that
rights friendly, also addressed the ments for trans legal recognition. The for transgender people, being “able
serious problems of Japan’s legal diagnosis of “Gender Identity Disor- to receive rulings of changes in rec-
gender recognition law. It is now the der” — much like that of “transsexu- ognition of gender status… is an im-
government’s responsibility to amend alism” — is no longer recognized in portant, perhaps even urgent, legal
the procedure and eliminate its coer- either of the two major international benefit.”
cive and discriminatory elements. diagnostic manuals, the Diagnostic
and Statistical Manual (DSM) and the So while the Supreme Court did not
In Japan, transgender people who International Classifications of Dis- invalidate the law — the court has
seek a legal gender change must ap- eases (ICD). only ruled 10 laws unconstitutional
peal to a family court under the Gen- since World War II — their judgment
der Identity Disorder Special Cases In February 2018, a High Court in offers a significant critique.
Act. When the law was enacted in Okayama ruled on the case of
2004, it represented a watershed Takakito Usui, a 43-year-old It is now up to the Justice Ministry
moment in Japan, opening up public transgender man who had brought a to review and revise the law in ac-
discussion on sexual and gender mi- case to the court challenging the GID cordance with Japan’s human rights
nority issues. However, the law’s Special Cases Act on the grounds that obligations, the consensus of the in-
procedure is discriminatory, requir- the requirement of gonadal surgery ternational medical community, and
ing applicants to be single and with- violated Japan’s constitution. The the wishes of many trans people in
out children under 20, undergo a psy- court ultimately ruled that “it is not Japan.
chiatric evaluation to receive a diag- appropriate for an individual to main-
nosis of “Gender Identity Disorder” tain the reproductive capabilities of The undeniable doubts that the court
(GID), and be sterilized. their previous gender.” Usui appealed notes can be seen in Japan’s emer-
to the Supreme Court. gence as a global leader on LGBT
These requirements are regressive rights in recent years. Forcing peo-
and harmful: They rest on an outdated The four-judge bench at the Supreme ple to undergo unwanted surgeries to
and pejorative notion that transgender Court agreed with the lower court’s obtain documentation is contrary
identity is a mental health condition, ruling, but conceded that “It cannot be both to Japan’s human rights obliga-
and require transgender people who denied that [this law] impinges on free- tions and its growing reputation as a
want legal recognition to undergo dom from invasion of bodily privacy.” champion of LGBT rights.

Vol. XVI No. 3 March 2019 30


Below Poverty Line:
Livelihood Support for All
- Dr. Prem Kumar Sinha

T
o obviate the existing problems from the open market. It has been their quota of cereals through the
of the TPDS, it is proposed found out that sometimes people government sponsored network,
that minimum requirement of of the BPL category do not earn like, (a) farmers who themselves
essential commodities, which can produce cereals, (b) upper
support livelihood of an ordinary income group people, who would
person, should be provided to every like to purchase premium quality
citizen of the country through the enough which could enable them of cereals through open-market
NID smart-cards. Total expenses for even to lift their monthly quota of besides being too busy to spend
supply of such articles are estimated food-grains through the TPDS their time in getting their quota of
below: ration-shops. Thus, severely food-grains through the NID
marginal people of the country will smart-cards, which would require
1. Say, 200 grams of food-grains be immensely benefitted from the bio-metric identification, (c)
(wheat or other cereals), like, rice, free of cost availability of food- people who consume less cereals
maize, jowar, bajra, etc., of grains to all. owing to their eating habits, etc.
equivalent monetary value, per Thus, total quantity of cereals
person per day, should be Considering the total population of which will eventually get
provided to all the people of the the country to be 1.1 billions, about distributed, may be somewhat
country. It means that food-grains 79.2 million tons of cereals would lower than the above computed
entitlement for every person will be needed per annum to supply upper limit of 79.2 million tons.
be 6.0 kg per month or 72 kg per 200 grams of cereals per person
person per annum, which is nearly per day. As per the Economic Considering existing economic
around the existing quota of 7.0 Survey 2007-08, expected gross cost to the GOI for wheat as
kg per person per month in vogue production of cereals in the year Rs.13.713 per kg and stipulated
for all the three main categories 2007-08, should be 205 million annual quota of 72 kg of food-
of people of the country as tons. If we further set aside 12.5% grains, for every individual, the
shown on page 37 in the table from the gross production for GOI will have to incur a total cost
“Computation of Net Subsidy Per making provision for seeds, animal of Rs.987/- or say Rs.990 per
Person”. The Economic Survey feed requirements, and wastage, person per annum to supply 200
for the year 2007-08 stated that we are left with net production of gram cereals per person per day.
the net availability of cereals per 179.4 million tons of cereals in the 2. Pulses, too, have a significant
person per day in the country was country. nutritional value for balanced
412 grams, thus 200 gram cereals growth of human beings.
may not be sufficient for fully Therefore, in view of the Presently, pulses are not being
sufficing requirements of the sufficient availability of food- distributed through the TPDS of
people but still it can meet grains in the country, 79.2 million the GOI. It is proposed that pulses
requirements of food-grains tons of cereals, as computed should also be made available to
(cereals) of the people reasonably, above for delivery to the people, the people through the
thus eliminating the fear of will be easily available for government sponsored
starvation and hunger for one and distribution. And in case of its distribution network. As per the
all for ever. short-fall due to any unforeseen Economic Survey (2007-08), per
circumstances, the same can be capita per day availability of
Further, people can supplement imported. Further, there would be pulses in the year 2005-06 was
their remaining requirements of many categories of people, which 32.5 grams, whereas net
food-grains through purchase might not be interested in lifting availability of pulses in the entire

Vol. XVI No. 3 March 2019 31


oils, the GOI will have to incur a
total cost of Rs.180/- per person
per annum for providing 3 litres
edible oil free of cost.

4. The GOI remains worried that due


to the low intake of iodised salt, a
lot of people remain at high risk
of brain damage due to iodine
deficiency. It is estimated that in
India, only 50 percent of the
households consume adequately
iodised salt, while another 30
percent of the households
country was 13.3 million tons. In on account of supply of 6 kg of consume inadequately iodised salt,
view of the above, say, 0.5 kg per pulses per person per annum. and the remaining find themselves
person per month or 6 kg per deprived from iodised salt. The
person per annum (that is about 3. Another significant item which is GOI has targeted to ensure access
17 grams per person per day) essential for the preparation of of iodised salt to all the citizens
Gram or any other pulse of wholesome meal is edible oil by the year 2012. To achieve this
equivalent monetary value, like, though it does not come under the objective, it is proposed that a
Arhar, Moong, Urad, Masur, etc., purview of the TPDS. In India, pack of 250 gram salt enriched
should be sanctioned for free in the year 2002-03, per person with iodine can also be supplied
distribution among all the people. per annum availability of edible oil per person per month. Its total
It will entail annual distribution of and vanaspati ghee (hydrogenated cost per person per annum will
about 6.6 million tons of pulses vegetable oil) was 7.2 kg (approx. be around Rs.10/- only, thus the
for 1.1 billion people, which 8 litres) and 1.4 kg (approx. 1.5 total outgo on this head will be
should be easily available to the litres), respectively (Source: around Rs.11 billion per annum.
GOI in view of the net availability Economic Survey 2007-08, it does
of 13.3 million tons as pointed out not mention figures for later years 5. Support of another Rs.20/- per
above. Also, many people may not for this head). person per month can be given
like to lift their quota of pulses for fuel expenses, say, in the form
through the government In view of the above, say, 250 ml of 0.5 litre kerosene oil, since it
sponsored distribution channel, as of edible oil per month, i.e., 3 is extensively used for lighting
already explained above, thus the litres per annum can be made purposes in far flung rural areas
total quantity of pulses which will available to every citizen. Now, where electric power
be eventually required for public assuming economic cost of connectivity has not reached,
distribution will be less than the around Rs.60/- per litre for edible yet. Surplus kerosene can also be
above projected upper limit of 6.6
million tons of pulses.

Considering the economic cost of


say Rs.2500/- per quintal of gram
in view of the prevailing market
prices, though minimum support
price of gram as fixed by the GOI
for the year 2007-08 is Rs.1600/
- per quintal (Source: Economic
Survey 2007-08), the GOI will
have to incur a total cost of
Rs.150/- per person per annum

Vol. XVI No. 3 March 2019 32


used by these people as a fuel, if blanket as per the requirements of (990+150+180+10 +240+200) will
required. the people, say, worth Rs.100/- be required per person per annum,
per annum. which can sustain survival of every
However, those who do not need vulnerable citizen of the country
kerosene can be supplied some Thus, if we could provide a total without explicit dependence on any
other commodity in lieu thereof. support of Rs.200/- per person other support and thus will save them
Thus, the GOI will have to incur per annum for the clothing from cruel exploitation at the hands
further expenses of Rs.240/- per requirements of the people, it will of the rogue and the powerful in the
person per annum for the above at least cover bodies of one and country. If we consider total
suggested provision for fuel. all. It will also spare the country population of the country as 1.1
from the ignominy of such cases billions, the aforesaid livelihood
6. I suppose, if we are able to meet where it was reported in media support to every citizen will entail an
out the minimum requirement of sometime earlier that more than expenditure of Rs.1947 billion per
cloth of the people, too, it will one female of a household could year to the GOI, which can
more or less complete the entire not step out of their house/hut effectively eradicate abject hunger
range of the most essential basic together for meeting the media and poverty from the life of every
commodities which are required persons because these poor individual of this country for ever.
by the human beings to carry on women had only one saree among Moreover, eradication of hunger and
with their lives. For meeting the them, which they were sharing poverty is also the first among the
requirements of cloth, it is turn by turn. United Nations Millennium
proposed that the following Development Goals.
support can be provided for one Total Expenses on Livelihood
and all: Support to All - The author is working as the
(a) One saree/five meter cloth, It we add up expenditure on the Assistant Registrar (Academic) at
say, worth Rs.100/- per annum. aforesaid five counts, we find that a Dayalbagh Educational Institute,
(b) One mosquito net or light total sum of Rs.1770/- Agra.

Vol. XVI No. 3 March 2019 33


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