ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles by South Asia Human Rights Documentation CentreSubscribe to South Asia Human Rights Documentation Centre

The International Criminal Court and Its 'Small Fry Justice'

Created to punish perpetrators of the world's serious crimes, the International Criminal Court is yet to live up to its promise. The ICC's focus on situations in Africa and its unwillingness to prosecute powerful violators of human rights and humanitarian law suggests that other forces are infl uencing its functioning.

Ignoring the Disappeared of Kashmir with Impunity

The blanket refusal by security forces in Jammu and Kashmir to investigate or release the identities of bodies buried in unmarked and mass graves is a gross violation of international law that India has so far been able to commit with impunity. National and international pressure has been found wanting in this regard. Fatigue and helplessness over the persistence of India's egregious human rights abuses has made such relative silence the norm. Domestic apathy and selective enforcement of international law must be overcome to end such impunity to the violation of human rights.

The National Counter Terrorism Centre

The debate about the central government's attempt to expand the jurisdiction of the Intelligence Bureau through the National Counter Terrorism Centre giving it policing power under the Unlawful Activities (Prevention) Act has focused on the violation of the Constitution's division of powers between the centre and the states. This is an important criticism but the bigger picture is of the centre taking step after step to expand its policing powers and of the use of the IB as a police agency which together risk eroding the civil liberties of Indians. Parliamentarians, state governments and civil society need to pay closer attention to legislative efforts undertaken in the name of security lest they allow a counterterrorism zeal to wholly abrogate the fundamental rights chapter of the Constitution.

Anti-Conversion Laws: Challenges to Secularism and Fundamental Rights

Anti-conversion legislations, euphemistically called Freedom of Religion laws, adopted by several Indian states have been the subject of much scrutiny. An analysis of the legislations reveals that the language used is often extraordinarily broad and vague, posing serious challenges to religious freedom as guaranteed by the Indian Constitution and enshrined in international human rights instruments.

Narcoanalysis: A Dangerous Mirage

The police are increasingly relying on narcoanalysis tests to gather evidence and the courts are accepting them as mere investigative tools. However, these tests are unrealiable. They are capable of inducing false confessions from innocent persons and violate crucial constitutional protections.

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