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Indian Express
28-05-2025
- Politics
- Indian Express
Supreme Court asks Assam Human Rights Commission to inquire into alleged fake encounters in state
The Supreme Court Wednesday asked the Assam Human Rights Commission (AHRC) to inquire into allegations of fake police encounters in the state 'for advancing it to its logical conclusion' after a petitioner pointed to as many as 171 such incidents. Deciding a Public Interest Litigation (PIL), a bench of Justices Surya Kant and N K Singh noted that 'after minutely scanning' the 'data' placed before it by the petitioner, 'prima facie it seems that barring a few cases, it is difficult to infer that there has been a procedural breakdown or the PUCL guidelines were flagrantly violated.' 'The records furnished by the state themselves indicate that some instances may warrant further evaluation to ascertain whether the guidelines laid down in PUCL have been meticulously complied with in both letter and spirit,' the bench added, and decided to entrust the inquiry to AHRC. The SC set aside the January 12, 2022, order passed by a full bench of AHRC disposing of the issue, and directed that the matter be reinstated on the board of the Commission 'for necessary inquiry into the allegations, independent and expeditiously in accordance with law.' The court noted, 'It has come to our knowledge that the…The Commission is now headed by an erudite jurist who is a retired chief justice of the High Court, whose judicial acumen and integrity inspire confidence. This court has every reason to believe that under his stewardship, the state human rights commission will decide the duties with diligence, sensitivity, and an abiding commitment to the constitutional values.' In the 1996 People's Union for Civil Liberties (PUCL) judgement, the top court laid down guidelines against arbitrary state action, reaffirming the primacy of the rule of law as the bedrock of India's constitutional democracy. The guidelines laid down by the court provided for registration of FIR, independent investigation, magisterial inquiry, involving forensic science, informing the next of kin, compensation, and information to the National Human Rights Commission, and the state human rights commission, among others. On Wednesday, the Supreme Court underlined the importance of the human rights commissions in protecting vulnerable groups, ensuring accountability, and strengthening institutional mechanisms for enforcing human rights. 'The domestic human rights architecture in India is supported by a robust statutory framework that complements the constitutional guarantees enshrined in part three and the directive principle of state policy… At the centre of this framework stands the Protection of Human Rights Act, 1993, which institutionalised the commitment of the Indian state to uphold and monitor human rights in a structured and independent manner. The act serves as the primary statutory instrument for the promotion and protection of human rights in India,' said the court. The court pointed out that its judgement in the extrajudicial execution victims case 'has rightly underscored the roles of the human rights commissions such as that of protector, adviser, monitor, and educator of human rights'. 'Applying this understanding of the human rights framework to the instant matter, we have no hesitation in holding that the role of the human rights commission both at the national and state level is paramount in a democratic polity governed by the rule of law.' 'In a country as vast and diverse as India, marked by complex sociopolitical dynamics and systemic inequities, these commissions provide an essential form of accountability, transparency, and remedy against human rights violations.' The court noted that though the petitioner had brought a compilation of as many as 171 incidents before it, 'however…mere compilation or aggregation of cases does not by itself call for omnibus judicial directions.' 'Issuance of broad brush directives without individual scrutiny could result in a miscarriage of justice either by shielding the guilty or by stigmatising legitimate action by public servants discharging their duty under challenged circumstances,' added the court.


The Hindu
16-05-2025
- Politics
- The Hindu
PUCL alleges illegal deportation of Rohingya refugees, calls for urgent probe
The People's Union for Civil Liberties (PUCL) has strongly condemned the alleged deportation of 40 Rohingya refugees from India, describing the reported action as 'illegal', 'inhumane', and tantamount to a 'duplicitous deportation' in violation of both domestic and international legal obligations. In a detailed statement issued this week, PUCL alleged that the refugees were forcibly removed from the national capital and transported to the Andaman and Nicobar Islands, before being abandoned in international waters near the conflict-ridden Tanintharyi region along the Myanmar-Thailand maritime border. According to PUCL, the deportation was carried out surreptitiously by detaining the refugees - many of whom were registered with the United Nations High Commissioner for Refugees (UNHCR) - under the pretext of collecting biometric data. Detained by the Delhi Police on May 6, the individuals were reportedly moved to various police stations before being shifted to the Inderlok Detention Centre. Although authorities initially claimed that the transfer was for biometric processing, the refugees were subsequently flown to Port Blair. 'Shockingly, 43 detainees were not released after biometric collection. Instead, they were blindfolded, handcuffed, and placed aboard naval vessels. Upon reaching the maritime border near Myanmar, they were thrown into international waters,' PUCL alleged. Among those deported were minors, elderly individuals, and persons with serious health conditions, including cancer. Kavita Srivastava, PUCL president, criticised the Narendra Modi-led government's approach to refugee policy, comparing it to the hardline immigration stance of the former Trump administration in the United States. 'The BJP seems to have adopted a paradigm of disregard for the rule of law and judicial oversight. This so-called 'pushback' policy, as espoused by Assam Chief Minister Himanta Biswa Sarma, is a flagrant violation of constitutional norms and international humanitarian principles,' Ms. Srivastava said. An audio recording from one of the survivors, shared with PUCL, details alleged mistreatment aboard naval ships, including physical abuse, interrogation, and sexual harassment. 'We were accused of involvement in the Pahalgam terrorist attack. When we denied it, we were told we were pretending. Women were abused. Eventually, we were abandoned at sea,' the survivor recounts. PUCL general secretary Dr. V. Suresh noted that the National Unity Government of Myanmar has confirmed the presence of 40 rescued Rohingya individuals now under their protection. However, the whereabouts of three others remain unknown, and additional reports suggest that at least 14 more refugees were illegally detained and subjected to custodial violence. 'This is a grave breach of India's obligations under international law, including the Convention on the Prevention and Punishment of the Crime of Genocide, ratified by India in 1959,' Dr. Suresh said. 'The Rohingya are among the most persecuted minorities in the world. Returning them to regions fraught with conflict and genocide allegations is morally indefensible.' PUCL also pointed to a May 8 Supreme Court hearing, during which the judiciary declined to intervene in a plea against the reported deportation. The Union government, in its response, reportedly claimed that Article 19(1)(e) of the Constitution, which guarantees the right to reside in any part of India, applies only to citizens. PUCL countered this position, stating that Article 21 - the right to life and personal liberty - extends to 'all persons' and is not contingent upon citizenship. Despite India not being a signatory to the 1951 UN Refugee Convention, PUCL asserted that deportation procedures are bound by the Foreigners Act and related legal frameworks. The organisation contended that the treatment of the refugees constitutes torture and violates India's commitments under the United Nations Convention Against Torture. 'The Indian government has effectively undermined due process and legal protections in a case involving one of the most vulnerable refugee groups in the world,' the PUCL statement concluded. 'This marks a disturbing moment in India's human rights history.' As per Refugees International, around 22,500 Rohingya refugees are currently registered with UNHCR India. Many live under precarious conditions, facing systemic violations of their rights.


Deccan Herald
08-05-2025
- Politics
- Deccan Herald
Proposed Cauvery Aarti at KRS Dam faces opposition
Mysuru unit of People's Union for Civil Liberties (PUCL) has criticised the Karnataka state government's proposal to hold 'Aarti' for the River Cauvery along with Mysuru Dasara, at an estimated cost of Rs 100 crore.


Time of India
07-05-2025
- Politics
- Time of India
Focus on river pollution prevention not Cauvery Aarti: Forum
Mysuru: The People's Union for Civil Liberties (PUCL), Mysuru unit, opposed the state govt's proposal to organise a Cauvery Aarti during the Dasara festival at an estimated cost of Rs 100 traditional Baagina offered to the Cauvery River whenever KRS fills to the brim, and the Threethotbava at Talacauvery, the birthplace of the Cauvery River in Kodagu district, are sufficient religious offerings, it said the Karnataka govt should stop imitating the Ganga Aarati, which it described as part of the BJP's political of the proposed Cauvery Aarathi, PUCL demanded that the state govt spend the amount and take concrete initiatives to prevent pollution of the river. Additionally, the pollution of its tributary, Lakshmanthreetha, due to the effluents from the tobacco industry of Hunsur and surrounding regions, is a long-standing matter of concern that the govt appears to be completely unmindful of, it said the govt should also focus its attention and finances on restoring the various lakes and other water bodies in the Cauvery basin.


The Hindu
07-05-2025
- Politics
- The Hindu
PUCL criticizes Cauvery Aarti, says money should be spent on reducing river pollution
The People's Union for Civil Liberties (PUCL), Mysuru, has criticised the State government's proposal to organise a Cauvery Aarti at an estimated cost of nearly ₹100 crore and against the recommendations of the Department of Finance. The PUCL said in a release that the traditional 'Baagina' offered to the river whenever KRS fills to the brim, and the Threethotbava rites at Talacauvery are enough religious offerings to the river. In a release, Kamal Gopinath, president of PUCL, and V. Purushotam, vice-president, said instead of the proposed Cauvery Aarti, the same amont can be spent to take concrete initiatives to reduce the pollution in the river. The river is polluted by chemicals from fertilizers flowing into the river from the coffee and other estates of Kodagu, and from agricultural and industrial pollutants as also effluents flowingin to the river all along its route to Mysuru. The amount stipulated for Cauvery Aarti can as well be spent on reducing the river pollution, said the PUCL. It said the State government should also focus on the restoration of natural rainwater flows into the river all along its route, by curbing the unabated real estate developments which are cutting off and impinging on such flows. This apart, the pollution and wasting of its tributary, Lakshmanthreetha, owing to the affluents from the tobacco industry of Hunsur and surrounding regions is a long-pending matter of concern which the State government appears to be completely unmindful about, said the PUCL. The government should also lend its focus and finances to restoring the various lakes and other water bodies in the Cauvery basin which are under threat, it added.