Reminiscent of India, the stolen documents argument sets an “especially dangerous precedent for journalists, who routinely violate foreign secrecy laws to deliver information vital to the public’s interest”.
India has cited the Geneva Conventions while asking for the immediate release of Wing Commander Abhinandan. India objected to the “vulgar display of injured personnel of the Indian Air Force in violation of all norms of international humanitarian law and the Geneva Convention”.
According to the HRW report, approximately 44 people have been killed by extremist cow protection vigilante groups. In many instances, the lynch mobs have received the protection of right-wing Hindu local politicians while law enforcement agencies have turned a blind eye. The HRW report claims: “Between May 2015 and December 2018, at least 44 people—36 of them Muslims—were killed across 12 Indian states. Over that same period, around 280 people were injured in over 100 different incidents across 20 states”.
If there is a bona fide conspiracy against the Indian State, there are enough laws in the statute book to look into them. A mature, liberal democracy cannot fight its own citizens. The Law Commission in its August 2018 report pointed out that “while it is essential to protect national integrity, it should not be misused as a tool to curb free speech. Dissent and criticism are essential ingredients of a robust public debate on policy issues as part of a vibrant democracy”.
The petitioner, Mr K R Raju, in his PIL prayed that: “Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, to declare the Rule No.481 of the Tamil Nadu Prison Rules, 1983 to the extent of 50% of the wages earned by the prisoners deducted for up keeping of the prisoners and 20% of the wages credited to prison fund to be paid to the victims, as illegal and against law and justice, consequently to direct the respondents to increase the prisoners wage in the State of Tamil Nadu credited to the prisoners cash property account from 30% to at least 75% within the time stipulated by this Court.”
The criminal justice system in India vis-a-vis the minority rights, especially of the Muslims, Christian and the ethnic communities in the Northeast, is in virtual collapse. Members of these communities are being implicated in false cases, tortured and ill-treated. So what can be done? Here's a check-list.
A country which has the fourth largest reserves in the world, mining industry which contributes 2.5% to the GDP, it is disheartening to see that this incident not just brings out the disregard for Human Rights and Labour Rights but is also a proof of the severe apathy on part of both the Central Government and the State Government
The Right to the Truth relates to the obligation of the State to provide information to victims or to their families or even society as a whole about the circumstances surrounding serious violations of human rights. The domestication of this right in India is a positive sign of dilution of state control and consolidation of constitutionalism. The article attempts to highlight the genesis of this right in International Law, how it finds an implicit space in our Constitution and implications of having the right in documentation of human rights violations and to counter the culture of impunity.