Posts Tagged ‘Bengali Muslims’

Supreme Court remarks on illegal detention fly in face of India’s constitutional and international obligations: CHRI

May 5, 2019
Supreme Court of India. Photo The Hindu

Supreme Court of India. Image: The Hindu

New Delhi, May 1

The Supreme Court needs to reaffirm India’s constitutional and international obligations to rights on complex issues of nationality, detention and deportation and not be unmindful of its own commitment to these duties, the Commonwealth Human Rights Initiative (CHRI) has urged.

The following is the text of the statement, issued today, and signed by a group of eminent citizens including former Supreme Court Justice Madan Lokur, Wajahat Habibullah, CHRI’s Chair and former Chief Information Commissioner, Justice AP Shah, former Chief Justice of the Delhi High Court, and a number of senior former officials and civil society leaders:

As concerned citizens, we look to the Supreme Court to reaffirm India’s constitutional and international obligations to rights on sensitive issues.  That is why we are disappointed by recent statements by the Chief Justice of India on a complex matter relating to illegal detention and deportation, without heeding India’s own constitutional and international obligations.

While advocating greater detention of suspected ‘foreigners’, the Chief Justice brushed aside the Assam Chief Secretary with a stinging admonition for proposing a methodology for the release of a handful of foreign prisoners who had been in detention beyond their term of sentence for illegal entry. This was especially of concern for the case concerned the wilful violation of the human rights of hundreds of detainees who were languishing in what the court itself accepts are “inhuman conditions”.

We regard these remarks as unfortunate.

Article 21 is very clear in its intent, ambit and process. It binds all duty-holders and citizens with the ringing affirmation that no person in India (and we emphasize that there no special privileges here for Indian citizens) can be deprived of her/his right to life and liberty without due process.

NRC

NRC Official Logo

There is no deportation agreement with Bangladesh. International law lays down that such deportations can take place only with the consent of the country of origin. Bangladesh has consistently refused to accept that its citizens migrate in large numbers to India. Indeed, Bangladesh regards such unilateral efforts as harmful to a bilateral relationship that is critical for the security and stability of both countries and especially of our eastern region.

We cannot place ourselves in a situation where we are seen as forcing people out at gunpoint; it would be ethically unjust, wrong in law and draw international condemnation.

We are acutely sensitive to concerns in Assam and other parts of the North-east and across the country about the problem of illegal migration from Bangladesh, a long-standing issue that has defied official proclamations and pledges of “push back”, “deportation” and “detection”.

Whatever methods are used they must be undertaken within the rule of law frame, be just and fair and designed to minimise individual hardship and tragedy. We believe there is a need that this is a tragedy of growing intensity which is gathering momentum as a result of the current National Register of Citizens (NRC) exercise in Assam.

Accounts from Assam indicate that often arbitrariness not rule of law is used to define those who have come post-1971 from Bangladesh (of whatever religious denomination) and those who are Indian nationals.

NRC-FORMS, SABRANG INDIA

People submitting NRC applications, Photo: Sabrang India

Lakhs are in limbo and now fear that they may become “stateless” because of a process that is mired in a mix of complexity, confusion, lack of precision and prejudice.

Many of those at risk are from the bottom of the economic pyramid, unable to sustain the complex adjudication process needed to establish their citizenship. Large numbers are already in detention camps.

Although the Supreme Court mandated deadline for a ‘final’ list is July 2019, we understand that not less than 38 lakh persons out of the 40 lakh (four million) who had found themselves off the NRC last year have filed applications for inclusion.  Such a huge number of requests cannot be processed in two months and we urge that this not be hurried as the consequences are too devastating to contemplate. The efforts need to be steady and methodical so that the charges of arbitrariness, prejudice and poor record keeping, which have plagued the NRC process, do not stick.

It must be pointed out here that India is a signatory to the Universal Declaration of Human Rights in which its representatives played a stellar part in developing the language that all of us are familiar with in regard to equality, non-discrimination and gender.  Our international commitments are clear as to the rights of people affected in such situations.

It would also be unacceptable if any Indian of any religious denomination is harmed by negligence, wilful prejudice, wrongful confinement and prosecution.

Failure to address this critical situation adequately and justly would be seen internationally as a gross violation of human rights and a blot on India’s traditional record.  What is also of concern to us are social fault lines that could be exacerbated by insensitive handling that could leave many people desperate, particularly youth, with the potential of radicalization.

As concerned citizens, we appeal to the judicial system and the government to explore a solution that addresses the human dimension. The situation in Assam and inter alia other parts of the North-east represent unprecedented challenges and conditions that cannot be resolved by application of a routine legal framework which is designed to deal with individual cases.

Wajahat Habibullah, Chairperson, CHRI

Members:
Justice Madan Lokur

Justice AP Shah

Ms. Vineeta Rai (IAS, retd, former Revenue Secretary  to the Government of India)

Nitin Desai, former Under Secretary, United Nations)

Jacob Punnoose (IPS, retd)

Poonam Muttreja (Member, Executive Committee, CHRI)

Kamal Kumar (IPS, retd)

Ms. Maja Daruwala (Adviser, CHRI)

Jayanto N. Choudhury (IPS, retd)

Dr. BK Chandrashekar (ex MLC, Karnataka)

Sanjoy Hazarika (International Director)

——————————————————————————————————————The statement is a verbatim reproduction from CHRI website at http://www.humanrightsinitiative.org/press-releases/supreme-court-remarks-on-illegal-detention-fly-in-face-of-indias-constitutional-and-international-obligations-chri

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NHRC notice to the Government of Assam over allegations of harassment to the people in the name of verification of their nationality (15.11.2017)

November 15, 2017

PRESS RELEASE

New Delhi, 15th November, 2017

The National Human Rights Commission, NHRC has issued a notice to the Chief Secretary, Government of Assam after taking suo motu cognizance of the allegations reported in the media about the harassment being meted out to the people by the police in the name of verification of their nationality in the State. Reportedly, due to the illegal immigration from Bangladesh to Assam, the people belonging to Bengali origin are under scanner for years together and the Assam Government has set up Foreigners’ Tribunals to deal with the doubtful cases.

The Commission has observed that it has carefully perused and examined the contents of the news report, carried on the 31st October, 2017. The steps taken to identify the suspect cases of illegal immigration and setting up of Foreigners’ Tribunals is a policy perspective of the government and it would not like to intervene into that matter but the allegations that in the name of verification, the poor people are being subjected to harassment and humiliation is a matter of concern for the Commission, as it amounts to violation of right to equality and dignity of the innocent victims.

According to the media report, there are detention centres in the State of Assam, where the people, under scanner, are lodged in two categories, Bangladeshis and D-voters. In many cases, once a person is declared an Indian citizen is again served notice by the police. It is further mentioned that at the time of hearing, the subjects are not allowed to wear their shoes and they have to enter barefoot, inside the Court, while the government officers and advocates are exempted.

A specific case of one Shri Moinal Molla has been mentioned in the media report. His parents, wife, children, brother and rest of the family are Indians and still his citizenship was rejected by the authorities. He spent more than two years at a detention centre. It was only after the intervention by the Apex Court, the justice was done in his case.

As mentioned in the report, there are 89,395 people estimated as illegal immigrants in Assam till August, 2017 and currently there are more than 2,000 people languishing in the detention centers, across the State, who are, allegedly, being subjected to discrimination.
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The Press Release was published in the NHRC website and it is reproduced here verbatim: http://nhrc.nic.in/dispArchive.asp?fno=34386

Assam: After violence, anxieties of land and identity are still haunting the people

October 18, 2012

The Times of India

Harsh Mander

Although Assam has disappeared from the front pages of national newspapers, large populations still live in makeshift, underserved camps, racked by memory, fear and uncertainty, with little prospect of an early return to their homelands. Legitimate anxieties of land and identity have acquired an urgent grammar of violence and hate, and irreconcilable divisions have grown further between estranged communities.

Photo: thenational.ae

Photo: thenational.ae

During my journey to relief camps in Dhubri, Chirang and Kokrajhar, housed in the classrooms and courtyards of schools, I found that government had ensured basic food rations and primary healthcare services. For the rest, people mainly had to fend for themselves. There was no bedding, no mosquito nets, toilets were scant and choked, and there was little water for drinking and bathing. People who had fled their burning villages or rampaging mobs had few clothes or utensils. Children were the worst hit. There were no child care services, or temporary schooling. Everywhere i found a longing to return home.

The stories we heard in both Bodo and Bengali Muslim camps were disturbingly similar, of neighbours turning into murderous mobs, of torched and ransacked homes, of looted livestock, and of fearful flight. Many escaped only in fear, even though their settlements were not attacked, and in these villages, men return to guard their homes and fields, leaving the women and children in camps.

There are legitimate anxieties and grievances on both sides of the dispute. Udoyon Misra writes eloquently of the ‘ever so heavy’ burdens of history of indigenous Assamese peoples like the Bodos, of ‘land, immigration, demographic change and identity’. He describes massive land alienation of the Bodo plains tribal people who were shifting cultivators with few land records, by industrious and aggressive Bengali Muslim immigrant cultivators.

Successive governments in both the state and the Centre have failed to effectively seal borders, and to identify and repatriate illegal immigrants. The Bodos worry also about being culturally swamped in their traditional homelands, not just by Bengali Muslims but also other communities such as the caste Hindu Assamese, Koch-rajbanshis, Santhals and Bengali Hindus.

Photo: samaylive.com

Photo: samaylive.com

The Bodo accord of 1993, which belatedly gave administrative autonomy to the Bodo people in their traditional homelands in which they already were reduced to a minority, unfortunately also created an incentive for driving out people of other communities and ethnicities. The first attacks by armed Bodo militants on Bengali Muslims occurred in 1993 itself, and these have recurred sporadically against also Santhal adivasis, who are descendants of tea garden workers who migrated centuries back. Clashes occurred in 1994, 1996, 1998 and 1999. Around one and a half lakh people displaced by these clashes – both Bengali Muslim and Santhal – continue to live in camps up to the present day, an entire generation of forgotten internal refugees with no home. The government took no decisive steps to help these refugees return to their homelands.

This remains a festering wound on the psyche of the Bengali Muslim, as also the fact that not a single person has been persecuted for the gruesome slaughter mounted in Nellie in 1983. They complain that all Bengali Muslims are tainted as Bangladeshi illegal immigrants, whereas demographers confirm that only a small fraction of the immigrants are actually illegal settlers who slipped into the state after the agreed cut-off date of 1973. Many have learnt Assamese, and wish to be accepted as legitimate Assamese citizens.

This already fraught environment, of legitimate competing anxieties and grievances of diverse communities, has deteriorated sharply because of the implicit legitimisation of violence as a means to resolve these competing claims. People sympathetic to the concern of Bodos and other indigenous tribal communities suggest that the violence to which they have resorted in recent decades is unfortunate but understandable. This is rendered more dangerous because of the easy availability of sophisticated arms among the surrendered Bodo militants, who were never effectively disarmed.

On the other hand, apologists for the Bengali Muslim violence justify it as being ‘only retaliatory’. This is slippery ethical territory, because the same argument was used to justify the post-Godhra massacre, as well as the slaughter of Sikhs after Indira Gandhi’s assassination. There is disturbing evidence of growing radicalisation of a small section of the Assamese Bengali Muslim, of a kind which was remarkably absent among the victims of the Gujarat violence. The latter have remained unshakably committed to the democratic, legal and non-violent resolution of their grievances, despite the brutal slaughter and systematic subversion of justice and reconciliation by the leadership thereafter.

BTAD Assam (Courtesy IDSA)

BTAD Assam (Courtesy IDSA)

There are wide demands today that only those Bengali Muslims in relief camps should be allowed to return home who can first prove their legal status. The acceptance of this demand would further incentivise the mass violence which resulted in their displacement in the first place. There isno doubt that the rights of indigenous communities to their land, forests and culture need to be defended, and illegal immigration effectively blocked.

But there should be no compromise, even by implication, with violence as a means to achieve these demands. People in both new and old camps must first be res-tored to their homelands unconditionally, and assisted in rebuilding their houses and livelihoods. Only then should a just and caring state intervene to ensure that the legitimate concerns of both indigenous people and settlers are met, by processes which are lawful, humane and non-violent.

The writer is a social activist.


First published in the Times of India and is available herehttp://timesofindia.indiatimes.com/home/opinion/edit-page/Violence-in-Assam-has-subsided-but-anxieties-of-land-and-identity-are-still-haunting-the-people/articleshow/16855324.cms