[Assam] Honourable H.R. Jain, are you aware of the AFSPA (Assam and Manipur 1958) provisions, which circumvent even the United Nations human rights provisions to which India is a signatory?

Bartta Bistar barttabistar at googlemail.com
Thu May 3 00:39:08 PDT 2007

On India : NHRC to clear all encounter killings and to ensure non-lethal
bullets against civilians.

Wednesday May 02 2007 15:58:43 PM BDT


 <jain.hemraj at gmail.com>

Hem Raj Jain <jain.hemraj at gmail.com>

Ref: - OHCHR ought to be concerned.

The latest in the encounter row is the fake encounter (being highlighted in
Indian media) of Sohrabuddin and of its eye witnesses his wife Kausar Bi and
Tulsi, by senior police officers of the States of Gujarat, Rajasthan &
Andhra Pradesh.

This is an evidence of the fact that fake encounter is becoming a growing
industry for the man of arms of Indian State where money, promotion,
rewards, awards, subservience to political masters are the main motive of
such fake encounter killings by police and military of India.

But communal angle renders it gorier where fake encounters of Muslims are
tacitly approved (at times even manifestly by demonstrations as is the case
in this encounter of Sohrabuddin & Kausar Bi) not only by communal minded
political parties but also by large section of communally prejudiced Hindus.

In the instant case even policemen reportedly resorted to protest (by
skipping their meals in police mess) against arrest of senior police officer
of Rajasthan, who has been arrested for fake encounter of Sohrabuddin.

Hence in such a sorry state of 'Rule of law' in India a time has come when a
high power institution, National Human Rights Commission (NHRC) whose
Chairman is mandated to be an ex-Chief Justice of India, as a rule ought to
take the responsibility of enquiring / investigating every encounter of a
civilian by police or military and ought to give a clean chit if it is a
genuine and not a fake encounter otherwise ought to ensure proper punishment
to the guilty member of police or military in case of a fake encounter.

NHRC has adequate jurisdiction & power under The Protection of Human Rights
Act, 1993 to carry out this task and may initiate the proceedings suo-motto
or on the complaint of the surviving member / friend of the encountered.

But it will be still better if NHRC legally bind Governments of India and of
all its States that when ever any encounter of a civilian is done by police
or military then it will be reported to NHRC by the Governments under which
they function.

NHRC in all its wisdom ought to realize that apart from being a matter of
highest importance regarding human rights this fake encounter trend is
bringing a bad name also to the constitutionally ordained Secularism of
India because majority of encountered civilians are from minority community,
the Muslims.

Also it is absurd that the civilians who are legally expected to be brought
before judiciary for their trial of any offence (however serious) are dealt
by police & military by lethal bullets (and not by non-lethal bullets) and
thus extinguishing not only the accused but also other important evidences &
clues which might have surfaced, had encountered left alive.

Hence NHRC also ought to recommend to Government of India and to all State
Governments in order to ensure that police and military use only non-lethal
bullets (like rubber bullets etc) against civilians in all their actions /

Here OHCHR (the cosmetic human right organization) may also, for the change
sake, become effectively serious about the most fundamental human right i.e.
the life of a human being and may ask:-

(i)- The Union of India to assure UN that NHRC will be entrusted this task
of clearing all the encounter deaths of civilians by police & military of
Indian State (UN may take similar step in relation to other member States

(ii)- Persuade / constrain all member States of UN to ensure that their
police and military use only non-lethal bullets (like rubber bullets etc)
against civilians in all their actions / operations.

Yours truly

Hem Raj Jain
New Delhi -110075, INDIA .
E Mail : jain.hemraj at gmail.com
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