Left-Wing Extremism and Human Rights: The Role of Civil Liberties Groups in Andhra Pradesh
Publication Year: 2014
Subject: Peace Studies / Conflict Resolution
Left-Wing Extremism and Human Rights unfolds a mosaic of social issues, especially of the weaker and marginalized section, closely intertwined with internal security.
Based on an empirical study of the Left-Wing Extremism (LWE) movement in Andhra Pradesh, once the citadel of LWE, it offers a deep analysis of the growth and consolidation of LWE in India. It also studies the profiles and roles of NGOs in promoting rights for which specific case studies have been undertaken.
As LWE and counter-extremist operations have become the major sources of serious human-rights violations in the country, the pan-Indian scenario of the movement bringing out its genesis, organizational structure, etc., have been elaborately dealt with in this book.
- Front Matter
- Back Matter
- Subject Index
- Chapter 1: Human Rights: Historical Background and Constitutional Framework
- Chapter 2: Human Rights Scenario in Andhra Pradesh: A Ground-Level Study
- Chapter 3: Left-Wing Extremism: Pan-Indian Scenario
- Chapter 4: Left-Wing Extremism and Human Rights in Andhra Pradesh
- Chapter 5: Human and Civil Rights of Marginalized Sections
- Chapter 6: How to Tackle Left-Wing Extremism?
- Chapter 7: Human Rights NGOs and Their Increasing Role
- Chapter 8: Andhra Pradesh: A Role Model for Civil Liberties Groups and NGOs
- Chapter 9: A Way Ahead
- Chapter 10: Conclusion
Copyright © K.V. Thomas, 2014
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Library of Congress Cataloging-in-Publication Data
Thomas, K. V.
Left-wing extremism and human rights: the role of civil liberties groups in Andhra Pradesh / K. V. Thomas.
Includes bibliographical references and index.
1. Human rights—India—Andhra Pradesh. 2. Right and left (Political science)—India—Andhra Pradesh. I. Title.
JC571.T456 323.0954’84—dc23 2014 2014002659
ISBN: 978-81-321-1158-0 (HB)
The SAGE Team: Shambhu Sahu, Archita Mandal, Nand Kumar Jha and Rajinder Kaur
[Page v]Dedicated to victims of human rights violations world over
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AHRC Asian Human Rights Commission AICCCR All India Coordination Committee of Communist Revolutionaries AICCR All India Coordination Committee of Revolutionaries AIFOFDR All India Federation of Organizations for Democratic Rights AIPRF All India People's Resistance Forum AJYCP Assam Jatiyatabadi Yuba Chatra Parishad AMS Adivasi Mahila Sanghathana ANF Anti-Naxalite Force ANLA Adivasi National Liberation Army AOB Andhra–Orissa Border APCCCR Andhra Pradesh Coordination Committee of Communist Revolutionaries APCLC Andhra Pradesh Civil Liberties Committee APDR Association for the Protection of Democratic Rights APRCP Andhra Pradesh Revolutionary Communist Party APSRTC Andhra Pradesh State Road Transport Corporation ARC Administrative Reforms Commission ASDC Autonomous State's Demands Committee ATR Action Taken Report AWARE Action for Welfare and Awakening in Rural Environment BSF Border Security Force BSP Bahujan Samaj Party CAF Chhattisgarh Armed Force [Page x]CAG Christian Action Groups CAPART Council for the Advancement of People's Action and Rural Technology CARD Creative Action for Rural Development CBI Central Bureau of Investigation CC Central Committee CCC Committee of Concerned Citizens CCOMPOSA Coordination Committee of Maoist Parties and Organisations in South Asia CCR Centre for Constitutional Rights CEDAW Convention on the Elimination of All Forms of Discrimination against Women CEHRD Centre for Environment, Human Rights and Development CERD Committee for the Elimination of Racial Discrimination CHRI Commonwealth Human Rights Initiative CIA Central Intelligence Agency CISF Central Industrial Security Force CMC Central Military Commission COVA Confederation of Voluntary Associations CPC Chinese Communist Party CPDR Committee for the Protection of Democratic Rights CPI Communist Party of India CPM Communist Party of India (Marxist) Cr Pc Criminal Procedure Code CREDS Chaitanya Rural Education and Development Society CRESA Centre for Reconstruction through Social Action CRPF Central Reserve Police Force CRZ Compact Revolutionary Zone CSPSA Chhattisgarh Special Public Security Act of 2006 CWS Centre for World Solidarity DARC Dalit Action and Research Centre DDS Deccan Development Society DGP Director General of Police DOPT Department of Personnel and Training DSS Dalit Sangharsh Samiti [Page xi]DVAF Dalit Voluntary Associations Federation ECOSOC Economic and Social Council EFA Education for All ESC Economic, Social and Cultural FFC Formation of Fact Finding Committees FIR First Information Reports FRA Forests Rights Act FRC Forests Rights Committee GONGO Government Organized NGOs HRI Human Rights Initiative IAP Integrated Action Plan IAS Indian Administrative Service ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights ICLU Indian Civil Liberties Union IEDs Improvised Explosive Devices IFAD International Fund for Agricultural Development IGOs Inter-Governmental Organizations ILO International Labour Organization INSAS Indian Small Arms System IPF Indian People's Front IPHRC Indian Peoples Human Rights Commission IT Information Technology ITBP Indo-Tibetan Border Police ITDA Integrated Tribal Development Agency ITDG Intermediate Technology Development Group ITDP Integrated Tribal Development Projects JFM Joint Forest Management KAMS Krantikari Adivasi Mahila Sangathan KLO Kamtapur Liberation Organization LAMPS Large Area Multi-purpose Cooperative Societies LIC Low Intensity Conflicts LRSA Legal Resource and Social Action LTTE Liberation Tigers of Tamil Eelam LWE Left-Wing Extremism MCC Maoist Communist Centre [Page xii]MLM Marxist–Leninist Movement MNREGP Mahatma Gandhi National Rural Employment Guarantee Programme MOCA Maharashtra Control of Organised Crime Act, 1999 MOU Memorandum of Understanding MP Minister of Parliament MRG Minority Rights Group NAWO National Alliance of Women's Organisations NCDHR National Campaign on Dalit Human Rights NDA National Democratic Alliance NDHRC National Dalit Human Rights Committee NGOs Non-Governmental Organizations NHRC National Human Rights Commission NNEGA National Network of Employment Guarantee Assurance NSA National Security Act OCDR Organisation for Civil and Democratic Rights OHCHR Office of the High Commissioner for Human Rights OIC Organization of Islamic Countries OPDR Organization for the Protection of Democratic Rights OVRA Organization for Vigilance and Repression of Anti-Fascism PACS Primary Agricultural Cooperative Societies PCAPA The People's Committee against Police Atrocities People's Democratic Front PDS Public Distribution System PESA Panchayats (Extension to Scheduled Areas) Act PFI Popular Front of India PIL Public Interest Litigations PLA People's Liberation Army PLGA People's Liberation Guerrilla Army POTA Prevention of Terrorist Activities PPSS POSCO Pratirodhi Sangram Samiti PSU Public Sector Undertakings PUCL People's Union for Civil Liberties [Page xiii]PUDR Peoples Union for Democratic Rights PWG People's War Group R&D Research and Development RDT Rayalaseema Development Trust RIDES Rural Integrated Development Educational Society RIM Revolutionary International Movement RPF Revolutionary People's Front RWA Revolutionary Writers Association SC Scheduled Caste SDP Substantive due process SEZ Special Economic Zones SHG Self Help Group SHTG Self Help Thrift Groups SIDUR Society for Integrated Development in Urban and Rural Areas SIKASA Singareni Karmika Samakhya SIMI Students Islamic Movement of India SLP Special Leave Petition SMC State Military Commission SNIRD Society for National Integration through Rural Development SPO Special Police Officer ST Scheduled Tribe STL Special Tribunal for Lebanon TADA Terrorist and Disruptive Activities (Prevention) Act TCOC Tactical Counter-Offensive Campaign TDP Telungu Dessom Party TMC Trinamool Congress TRS Telangana Rashtra Samithi UCCRI Unity Centre of Communist Revolutionaries of India UDHR Universal Declaration of Human Rights ULFA United Liberation Front of Assam UNCHR United Nations Commission on Human Rights UNDHR UN Declaration of Human Rights UNHCHR United Nations High Commissioner for Human Rights [Page xiv]UNW UN Women URMCA United Reservation Movement Council of Assam USSR Union of Soviet Socialist Republics UT Union Territory VANI Voluntary Action Network of India VHF Very High Frequency VIRASAM Viplava Rachayithala Sangam VRO Village Reconstruction Organization WPB Workers Party of Belgium WTO World Trade Organization YIP Young India Project
When bombs explode and kill hundreds of civilians, terrorists terrorize the civil society and play death game with hostages, spine-chilling stories of encounter killings prick our conscience, refugees uprooted from their homeland live in inhuman conditions, people die in the streets and villages due to starvation, ‘prisoners of conscience’ languish in jails and detention camps and the atrocities against women and marginalized sections go unabated, we hear more and more about the protection and promotion of human rights. Even the most authoritarian regimes, known for their dismal record of human rights, proclaim their deep commitment to these rights. Such rhetoric ends even before the aching memories of bizarre incidents fade from our minds. This dichotomy between what nations and governments profess and practise in the case of human rights is, perhaps, the greatest tragedy confronting the 21st century.
This evokes a number of pertinent questions. What compels the states to practise this dichotomy? Whether it is domestic- and foreign-policy compulsions or their eagerness to present clean image at international plane? Are the states alone responsible for this tragedy? What role can the civil society and human rights, non-governmental organizations (NGOs) in particular, play in such situations? Should they fall in line with the approach of the states or truly uphold the spirit of international covenants and declarations on various aspects of human rights? To what extent NGOs and civil rights groups can take up these challenges?
The main effort of this research was to examine the role of civil liberties groups and NGOs in the protection and promotion of human rights that, for the study, have been interpreted in the broader terms, covering political, civil, economic, social and cultural rights of the people, as enunciated by Vienna Declaration and Programme of Action (1993) on human rights. From the historical [Page xvi] and empirical sources, bulk of the data has been collected and incorporated in the study. The first and most conventional of the historical sources came from books, journals, newspapers, magazines, documents, monographs, annual reports of National Human Rights Commission (NHRC), NGOs and civil liberties groups and so on, whereas the empirical data were collected from samples, structured interviews, interactions with a wide spectrum of people and case studies of selected organizations.
Setting of the theme of research, the historical evolution of the international human rights, legal and institutional milieu, codification of humanitarian and human rights laws and India's Constitutional structure of rights and institutional mechanisms like NHRC and law-enforcement agencies in the protection of these rights has been brought out. Through the qualitative and quantitative methodologies, the research has been undertaken and the significance of the study in the present national and international polity has been amply highlighted.
As left-wing extremism (LWE) and counter-extremist operations have become the major sources of human rights violations in the country, the pan-Indian scenario of the movement bringing out its genesis, organizational structure, ideological moorings and the differential demographic and geographic spread has been elaborately dealt with. Certain cardinal findings such as the difference in responses of the tribals and the Dalits to Naxal movement, with mainstream political parties more successful in weaning the Dalits away from revolutionary ideologies, have been arrived at on the basis of detailed analysis of facts and figures. The natural resources that are driving rapacious land acquisition at the instance of multinationals backed by political power centres and displacement of the marginalized and underprivileged in the extremist-affected areas have opened new areas of conflict.
An empirical study of the movement in Andhra Pradesh, once the citadel of LWE, clearly manifests that it is an offshoot of various socio-economic and developmental issues, and thus the social-reform role of Maoist/Naxalite activism in the neocolonial set-up cannot be ignored. This analysis brings out yet another significant finding that marginalized sections, especially the tribals who were neglected and exploited for many decades through insensitive planning and developmental strategies, continue to be the main support base of LWE movement. Sandwiched between [Page xvii]the extremists and security forces in action, they are the worst victims of the naked violations of civil and human rights in the contemporary Indian polity. These aspects were deeply probed into on a pan-Indian basis and the ground-level empirical study of the problem in the state of Andhra Pradesh proved that the trend can be well applied to other states as well. An action plan to deal with the LWE threat and the discontent and frustration of marginalized sections through institutional and voluntary mechanisms with the active participation of civil society is the need of the hour.
In this regard, the conceptual framework of civil liberties organizations and NGOs, the emergence and functions of human rights NGOs, major international human rights NGOs and the procedures available to even individuals to access international and national mechanisms were discussed in detail. The debate over state and non-state violence that impinges upon Amnesty International, Human Rights Watch and so on assumes considerable importance, especially in the light of the polemics among major civil liberties/human rights groups in India on this issue. A detailed profiling of civil liberties organizations/NGOs and the emerging trends such as ‘networking of NGOs’ and foreign-funding patterns with particular reference to Andhra Pradesh is incorporated in our analysis. Case studies of NGOs, one each from civil rights front, women, Dalit, tribal, rural poor, minorities and urban poor, inter alia, bringing out their aims and objectives, major areas of operation, notable achievements in the human rights field, major sources of finances and so on have proved that NGOs/civil rights groups have made significant contributions in the protection and promotion of human rights.
Through qualitative and quantitative analysis of data collected from relevant groups/categories, especially the police, the target sections like Dalits/tribals and experts, the contributions of the NGOs and civil liberties organizations in creating human rights awareness amongst marginalized and vulnerable communities, enabling them legal redress against patterns of violations and providing access to socio-economic entitlement have been empirically evaluated. The data analysis has vindicated the main hypothesis that the NGOs and civil liberties groups have made contributions in promoting human rights especially of weaker sections. The extent of their contribution on the basis of the analysis [Page xviii]of data, case study of selected organizations and interaction with a wide spectrum of individuals was rated as ‘moderate’ to ‘high’ depending upon the areas/fronts in which NGOs are working for promotion of human rights and related issues.
Significantly, more impact could be made in the Dalit/tribal front, where the ongoing process of resurgence through ‘social-engineering’ could be accentuated by NGOs active in these fronts. New strategies like ‘networking’ of NGOs have created a positive impact in accelerating the socio-economic development, particularly of marginalized sections. However, the emergence of different players in the voluntary sector such as conventional NGOs espousing social/developmental issues, human rights NGOs vociferously taking up issues of human right violations, particularly by the state, government-organized NGOs (GONGOs) acting as mouthpieces of governments in international forums, pseudo-religious and revivalist outfits assuming voluntary role and civil-liberties groups trying to occupy their separate space by concentrating on more radical issues have considerably hampered the potential of NGO sector in vigorously pursuing action-oriented programmes for protecting and promoting human rights. Thus, a paradigm shift in the strategy of NGOs and civil liberties movement has become necessary to jointly focus their attention on issues of common concern such as protection of individual freedom and liberty.
Such an approach has become necessary for civil liberties groups and NGOs to play a major role in containing the growth of LWE or similar violent movements that have become the biggest challenge to the internal security of the nation. The prominent civil rights leaders, having accessibility to the top leadership of LWE groups, can operate as the best interlocutors or intermediaries in any political dialogue/negotiation between the state and extremists, as they had shown during crucial ‘hostage negotiations’ and ceasefire dialogue in Andhra Pradesh in the past. Similarly, conventional NGOs, having decisive sway over the marginalized sections in extremist-affected areas, through their campaigns and activities have the potential to wean away these sections from the influence of Left ultras. After all, the state should understand the reality that a socio-economic-political movement like LWE should be dealt with ‘people-centric’ action plan in which political [Page xix]negotiations play a crucial role along with specific developmental agenda for the target groups of the affected areas.
In any such developmental agenda, reputed community or NGOs, aptly described as the most representative characters of ‘third way’ (The Third Way—The Renewal of Social Democracy by Anthony Giddens [Cambridege: Polity Press, 1995]), can play a key role in socio-economic development. They can assist state in delivering social goods such as basic education, healthcare, sanitation, poverty alleviation, gender justice and so on, which are inextricably intertwined with the very broad concept of human rights.
The healthy interrelation between the state and voluntary sector has now developed as a global agenda in which the United Nations (UN) and other international bodies have a decisive role. The Nobel laureate, Dr. Amartya Sen, has given it international recognition through his concept ‘neo-classic welfare economics’, which he advocates for the socio-economic development and social justice of the various cross sections of the society. The success of the concept, according to him, depends much on the participation of voluntary organizations in the developmental process as state has limitations for the effective implementation of land reforms, elimination of the underutilization of agricultural labour and the generation of high domestic savings, which are the three vitals of the ‘welfare economics’ for any developing country. His ‘idea of justice’ apparently emanates from this welfare economics and suggests that a perfectly just society is an utopian concept and that a comparative approach that focuses on the actual realization of justice and the prevention of the manifestation of severe injustice is the need of 21st century.
The crucial question is how the ‘remedial injustice’ could be rectified, especially in countries like India where a mosaic of socio-economic and political factors coupled with the omissions and commissions of governance breed severe forms of injustice including naked violations of civil and human rights. Dr. Amartya Sen has rightly suggested that the better solution lies in properly addressing obvious forms of injustice as oppression of minority groups, subjugation of women and other weaker sections or extreme exploitation of workers. Essentially, what matters more is how the political executive and state superstructures would respond to these areas of severe injustice which we see all around in our day to day life.[Page xx]
Appendix[Page 241]Major NGOs in Andhra Pradesh with Their Foreign Funding Agencies[Page 242][Page 243][Page 244][Page 245][Page 246][Page 247]
1. The word ‘pharoah’ is the rendering of the Hebrew word par'o which in turn renders the Egyptian word ‘pr’ (great house). From 15th century BCE, this title was used as synonym to denote the person of the king. They were the powerful ancient rulers of Egypt.
2. Cyrus the Great (580–529 BC) was the first Achaemenid emperor who founded Persia by uniting two original tribes—Medes and Persians; he showed unprecedented tolerance and magnanimous approach towards those defeated in war.
3. Hammurabi, the sixth Babylonian king enacted the code as early as 1772 BC. This code consisted of 282 law codes, covering various legal and moral canons in respect of various human transactions.
4. The Rig Veda (the book of mantra) is the oldest Veda as early as 12000–4000 BC covering social, political, religious, economic and moral codes.
5. The Atharva Veda (the book of spell) is the last of the four Vedas which deals with various aspects of Vedic society.
6. The concept of ‘vasudhaiva kutumbakam’, also called ‘hitopedesha’ upholds that the whole world is one family and hence all human beings are brothers and sisters. It is used as a theory presented by Marshal Mc Luhan on ‘global village’.
7. Kautilya, also Chanakya or Vishnu Gupta, authored ancient India political treatise Arthasastra which covers all aspects of polity.
8. Thomas Aquinas, Italian priest, philosopher and theologian, is known for his modern philosophy on ‘natural laws’ and inalienable rights of human beings. Aquinas Thomas, ‘The Summa Theologica’, translated by the Fathers of the English Dominican Province, revised by Daniel J. Sulliven, Volume II (Chicago: Encyclopaedia Britannica, INC, 1952), p. 208.
9. Hugo Grotius is a legendary figure who is known as the ‘father of modern international law’. His magnum opus, Law on war and Peace[Page 249]
specifically speaks about ‘jus ad bellum’ and ‘jus in bellum’. Miller Jon, ‘The Stanford Encylopaedia of Philosophy’ url-http://platostanfordedu/archives/fall2011/entries/grotius.
10. Benedict Spinoza, the great rationalist of 17th century through his work, The Ethics laid the foundations of moral and natural rights. Edward W. Younkins, ‘Spinoza-Freedom, Ethics & Politics’, published in ‘Le Quetoecois Lilove’ Montreal, May 6, No. 178.
11. Lawrence C. Wanlass, Gettell's History of Political Thought (London: Surjeet Publications, in arrangement with George Allen & Unwin Ltd, 1981), pp. 247, 248–50, 252.
12. S.R. Maheshwari, Comparative Government & Politics, Fifth Edition (Agra: Lakshmi Narain Agarwal, 1997–98), pp. 211–12.
13. Wanlass, Gettell's History of Political Thought, pp. 294–95.
14. Ibid., pp. 318–19.
15. Samuel Pufendorf's famous work, ‘On the Duty of Man & Citizen’ (1673) is considered to be the succinct and condensed presentation of the natural law political theory developed by his monumental classic, On the Law of Nature and Nations. Wanlass, Gettell's History of Political Thought, p. 232.
16. Immanuel Kant, the German philosopher known for his metaphysical concept linking duties with ethics. Kant's famous statement of duty ‘Act only according to that maxim by which you can at the same time will that it should become a universal law’. Wanlass, Gettell's History of Political Thought, p. 357.
17. Johann Fichte is another famous German philosopher who through his work, Foundations of Natural Rights laid down the concept of natural rights. Wanlass, Gettell's History of Political Thought, p. 358.
18. For Hegel's and Karl Marx's works see Wanlass, Gettell's History of Political Thought, pp. 392–94.
19. The English Revolution of 1640 was a great social movement like the French Revolution of 1789. The state power presenting the old order that was virtually feudal in nature was violently overthrown; power passed to the hands of a new class.
20. The Glorious Revolution of 1688 was the overthrow of King James II of England by a union of parliamentarians with Dutch stadtholder William II (William of Orange) and Queen Mary, also known as Bloodless Revolution.
21. Virginia Bills of Rights is a document drafted in 1776 to proclaim the rights of men, including the right to rebel against the ‘inadequate’ government. It influenced a number of later documents, including the United States Declaration of Independence (1776) the United States Bill of Rights (1789), and the French Revolution's Declaration of the Rights of Man and of the Citizen (1789).[Page 250]
22. ‘Dictatorship of the proletariat’ is the absolute control of economic and political power in a country by a government of the working class (proletariat), regarded in Communist theory as a means of establishing Communist regime.
23. Lt Col. David L. Roberts and Dr. S. Subramanian, IPS (Retd), Hand Book of International Humanitarian Law& Human Rights Law (New Delhi: Regional Delegation of the International committee of the Red Cross, 1998).
24. The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the UN General Assembly (10 December 1948 at Palais de Chaillot) and contains various articles ensuring human rights such as right to life, individual freedom and so on.
25. Famous speech of former UN Secretary General Kofi Annan.
26. International Convention on the Elimination of all Forms of Racial Discrimination was adopted by UN in 1966; it came into effect in January 1969 and so far has been ratified by 175 nations.
27. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (United Nations Convention against Torture) was adopted by UN General Assembly in December 1975.
28. The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC, CROC or UNCRC) is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children. The Convention generally defines a child as any human being under the age of eighteen. It was adopted in 1989, came into effect from September 1990, and has been so far ratified by 140 nations.
29. As per Article 28 of International Covenant on Civil and Political Rights, Human Rights Committee will be constituted in order to examine issues if violations of human rights by contracting parties.
30. Protocol I is a 1977 amendment protocol to the Geneva conventions relating to the protection of victims of international armed conflicts. It reaffirms the international laws of the original Geneva conventions of 1949, but adds clarifications and new provisions to accommodate developments in modern international warfare that have taken place since the Second World War.
31. The Resolution 1503 of 27 May 1970 of UN Economic and Social Council (ECOSOC) pertains to the ‘Procedure for dealing with communications relating to violations of human rights and fundamental freedoms’.
32. The United Nations Commission on Human Rights (UNCHR) was a functional commission within the overall framework of the UN from 1946 until it was replaced by the United Nations Human Rights Council in 2006. It was a subsidiary body of the ECOSOC,[Page 251]
and was also assisted in its work by the office of the United Nations High Commissioner for Human Rights (UNHCHR). It was the UN's principal mechanism and international forum concerned with the promotion and protection of human rights.
33. The 1235 Procedure is a procedure on the basis of which the commission holds an annual public debate on gross human rights violations committed by a given state. If the situation still does not improve, one possible outcome can be the adoption of an ECOSOC resolution condemning the authorities of a given state for the violations. Such a resolution severely affects the prestige of the ruling authorities.
34. Pursuant to United Nations General Assembly Resolution A/RES/48/141 of 2 December 1993, Dr. Ayala Lasso, was appointed first UN high commissioner for human rights and started his four-year mandate on 5 April 1994.
35. The Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute) is the treaty that established the ICC. It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 1 February 2012, 120 states are party to the statute. Among other things, the statute establishes the court's functions, jurisdiction and structure.
36. Augusto José Ramón Pinochet Ugarte, more commonly known as Augusto Pinochet (25 November 1915 to 10 December 2006) was a Chilean army general and dictator who assumed power in a coup d'état on 11 September 1973.
37. The Supreme Court of India while disposing a writ petition filed by PUCL Rajasthan in April 2001 declared that food is a fundamental right and should be ensured to all citizens.
38. Omar Ahmed al Basir is the president of Sudan who came to power in a bloodless military coup that replaced the Prime Minister Sadiq Al Mahadi. He turned to be a brutal violator of civil/ human rights.
39. Richard Goldstone is a South African lawyer who chaired the Goldstone Commission, prosecuting war crimes in Yugoslavia and Rwanda, leading the United Nations Fact Finding Mission on the Gaza Conflict.
40. The Special Tribunal for Lebanon (STL) is an international tribunal for the prosecution under Lebanese law of those responsible for the assassination of Rafic Hariri on 14 February 2005. The Extraordinary Chambers in the Courts of Cambodia (commonly known as the Khmer Rouge Tribunal and the Cambodian Genocide Tribunal) is a forum established to try the most senior and most responsible members of the Khmer Rouge. Although it is a national court, it was established as part of an agreement between the Royal Government of Cambodia and the UN.[Page 252]
41. Kofi Annan's speech, 24 September 2004, at Dafur. V.S. Mani, ‘The UN & Human Rights’, The Hindu dated 6 September 2000.
42. UN Millennium Report/Freedom from fear/point216. Millennium Report, Chapter 3. ‘Dayton International Peace Museu’, Available at: http://www.daytonpeacemuseum.org/Contrib/Rfrncs/-MillenniumRepch3pdf.
43. Humanitarian militarism is the deployment of military personnel while undertaking relief or humanitarian activities in conflict areas. This is mainly interpreted as new US strategy to build up their presence in troubled areas.
44. Rudolph Joseph Rummel (born 21 October 1932), Cleveland, Ohio is professor emeritus of political science at the University of Hawaii. He has spent his career assembling data on collective violence and war with a view toward helping their resolution or elimination. Rummel coined the term ‘democide’ for murder by government and his research claims that six times as many people died of democide during the 20th century than in all that century's wars combined.
45. The case study of Jewish holocaust/1933 43 (http://www.gentricide.org). Daniel J. Goldhagen ‘Hitler's Willing Executioners:’ Ordinary Germans and the Holocaust (New York: Knopf, 1996) p. 418.
46. Raul Hilberg (2 June 1926 to 4 August 2007) was an Austrian-born American political scientist and historian. He was widely considered to be the world's pre-eminent scholar of the Holocaust, and his three-volume, 1,273-page magnum opus The Destruction of the European Jews is regarded as seminal study of the Nazi Final Solution.
47. Daniel J. Goldhagen's, Hitler's Willing Executioners: Ordinary Germans and the Holocaust (New York: Knopf, 1996).
48. Cathal J. Nolan, ‘Longman Guide to International Affairs’ (White Plains, NY: Longman, 1995).
49. Goldhagen, Hitler's Willing Executioners, 1996
50. Robert F Barsky, Noam Chosky-A life of Dissent (Cambridge: MIT Press, 1997).
51. Richard Pipes, ‘Russia under Bolshevik Regime’ (US: Vintage Books, 1994).
52. Introduced by Mikhail Gorbachev in the second half of the 1980s, Glasnost is often paired with Perestroika (literally: restructuring), another reform instituted by Gorbachev.
53. Aleksandr Isayevich Solzhenitsyn (11 December 1918 to 3 August 2008) was a writer, who, through his often-suppressed writings, helped to raise global awareness of the gulag, the Soviet Union's forced labour camp system—particularly in Gulag Archipelago and One Day in the Life of Ivan Denisovich, two of his best-known works. Solzhenitsyn was awarded the Nobel Prize in literature in 1970.[Page 253]
He was expelled from the Soviet Union in 1974 but returned to Russia in 1994 after the Soviet system had collapsed.
54. Ibid., 45.
55. Sabrina P. Ramet, ‘Balkan Babel—The Disintegration of Yugoslavia from the death of Tito to the fall of Milosevic’ (Westview Press, 4th edition, 2002).
56. Robespierre (6 May 1758 to 28 July 1794) was a French lawyer, politician, and one of the best-known and most influential figures of the French Revolution.
57. Richard Roech is the editorial co-director of independent daily, Terra Via, who catalogued human rights violations/issues.
58. G-20 is a forum for the co-operation and consultation of international financial matters. Its members are: Argentina, Australia, Brazil, Canada, China, France, Germany, India, Indonesia, Italy, Japan, Mexico, Russia, Saudi Arabia, South Africa, South Korea, Turkey, United Kingdom, United States and European Union.
59. Taken from the title Human Rights—A 21st century Agenda authored by Sir Stephen Sedley. It was published by London Review of Books, London, Volume 17, No. 9, 11 May, 1995, pp. 13–15. A similar article by the same author titled Human Rights in 21st century—Rights, Wrongs and Outcomes was included in his book Ashes &Sparks—essays on Law and Justice published by Cambridge University Press in 2011 (pp. 348–64).
60. Patrick Naagbanton was co-ordinator of SDN partner organization the Centre for Environment, Human Rights and Development (CEHRD) in Port Harcourt, Rivers State. In the light of the threat to his life, Amnesty International launched a campaign for defending human rights workers working in difficult situations.
61. The Chhattisgarh Special Public Security Act, 2005, passed by the Chhattisgarh assembly in December 2005 and notified in March 2006 gave sweeping powers to police and security agencies in the name of combating LWE.
62. Barrack Obama's speech, 10 November 2008. Alex Spillius, Washington, ‘Barack Obama proposes to move terrorist suspects from Guantanamo Bay’, The Telegraph dated 10 November 2008.
63. This was used as a motto on the title page of A Historical Review of the Constitution and Government of Pennsylvania (1759); the book was published by Franklin, its author was Richard Jackson.
64. ‘ISRO Espionage Case (1994)’, in which senior scientists were implicated by Intelligence Bureau, was subsequently probed by CBI which found none of them guilty. The apex court also exonerated all the accused. Similarly, in Malegaon (2006) and Mecca Masjid (2007) blast cases, the initial charge sheet filed against accused (who were in jail for year) were subsequently cancelled during investigation.[Page 254]
65. Teesta Stelvad of Mumbai, Mrinalini Sarabhai and Mukul Sharma of Gujarat are prominent human rights activists who conducted relentless legal struggles and other campaigns to bring the culprits of Gujarat carnage before law.
66. In Gulbarg society, Ahmedabad, Ehsaan Jaffri, ex-MP Congress and many others were killed during Gujarat carnage (28 February 2002); in Naroda Patiya 97 people belonging to minority community were killed, whereas in Best Bakery Case (during March 2002, Baroda) 14 people were killed. There were conscious efforts by the political set-up to shield the perpetrators of these dastardly crimes.
67. Chief Justice of India K.G. Balakrishnan's presidential address at the inaugural session of the international conference of jurists on ‘Terrorism, Rule of Law & Human Rights’ in New Delhi on 13–14 December 2008. Balakrishnan retired from Supreme Court on 12 May 2010.
68. Substantive due process (SDP) is one of the theories of law through which courts enforce limits on legislative and executive powers.
69. Xiaorong Li, A Question of Priorities: Human Rights, Development & Asian Values, Report for the Institute of Philosophy and Public Policy (International Office of the Peoples Republic of China on Human Rights in China), Beijing Review 4–10, 1991.
70. Vienna Declaration of Human rights and Action Plan (made on 25 June 1993).
72. The Martens clause was introduced into the preamble to the 1899 Hague Convention II—Laws and Customs of War on Land. The clause took its name from a declaration read by Fyodor Fyodorovich Martens, the Russian delegate at the Hague Peace Conferences 1899 and was based upon his words: ‘Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them, populations and belligerents remain under the protection and empire of the principles of international law, as they result from the usages established between civilized nations, from the laws of humanity and the requirements of the public conscience’. Theodor Meron, ‘The Martens Clause: Principles of Humanity & Dictates of Public Conscience’, The American Journal of International Law, Volume 94, No. 1, January 2000, pp. 78–89.
73. Roberts and Subramanian, Hand Book of International Humanitarian Law & Human Rights Law, pp. 114–15 (Section 1: Article 3, Common to the Four Conventions).
74. United Nations Security Council Resolution 1373, adopted unanimously on 28 September 2001, is a counterterrorism measure.[Page 255]
75. ‘UN Security Council Resolution 1456, on combatting Terrorism’ (clause-6) adopted by the Council on January 20, 2003; accessed from http://www.un.org/docs/sc/unsc_resolutions03html.
76. International Review of the Red Cross, September 1969. Jean Pictet, ‘The need to restore Laws and customs relating to conflicts’ published in International Review of the Red Cross, Vol. 9, no. 102, September 1969, pp. 459–83.
77. International Convention on the Elimination of all Forms of Racial Discrimination was adopted by UN in 1966; came into effect in January 1969 and so far ratified by 175 nations.
78. The Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) is an international convention adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it came into force on 3 September 1981.
79. V.R. Krishna Iyer, Human Rights—A Judge's Miscellany (New Delhi: BR Publishing Corporation, New Delhi, 1995).
80. Jolly George versus Bank of Cochin (international treaties do not automatically form part of international law. They must, where appropriate, be incorporated into the legal system by a legislation made by the parliament.
81. Preface of The Protection of Human Rights Act, 1993, Act No. 10 of 1994 (5 January 1994).
82. From the Third Annual Report of NHRC. The Annual Report of National Human Rights Commission (NHRC) 1995–96, 2.9, accessed from http://www.nhrc.nic.in/ar95-96-htm.
83. Based on the Annual Reports of National Human Rights Commission (NHRC) from 1993–94 to 2002–03 (under the sub-head ‘Complaints before the Commission’) accessed through the website: http://nhrc.nic.in/documents-AR-ENG.pdf.
84. The Paris Principles were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights held in Paris on 7–9 October 1991. They were adopted by the United Nations Human Rights Commission by Resolution 1992/54 of 1992, and by the UN General Assembly in its Resolution 48/134 of 1993. The Paris Principles relate to the status and functioning of national institutions for the protection and promotion of human rights.
85. Justice J.S. Verma, who headed the NHRC during the Gujarat carnage, sent a personal letter to the then Prime Minster A.B. Vajpayee on Gujarat episode.
86. The Annual report of NHRC-2002-03, Chapter 3, pp. 28–41, accessed from http://www.nhrc.nic.in/documents/AR/AR02-03ENG.pdf (Justice [Page 256]J.S. Verma's (Chairperson, NHRC) personal letter dated 3 January 2003 to the then Prime Minster A.B. Vajpayee on Gujarat episode).
87. Former Chief Justice J.S. Anand (Chairman/NHRC) to the Prime Minister of India on 7 April 2005 on Gujarat carnage. The Annual report of NHRC 2003–04, Chapter 3, pp. 13–22, accessed from http://www.nhrc.nic.in/documents/AR/AR03-04ENG.pdf.
88. Both the quotes were the observations of Chief Justice K.G. Balakrishnan of Supreme Court, who along with Justice P. Sadasivam and Justice J.M. Panchal heard a petition filed by Ms Nandini Sunder, Shri Ramachandra Guha and Shri EAS Sarma challenging the deployment of Salwa Judum in Chhattisgarh. The Court made these observations on September 19 2008, accessed from http://www.hindu.com/2008/09/20/stories/2008092055941300/html.
89. UN Accreditation Panel Report on NHRC—request for ISO status. Manoj Mitra, TNN ‘India's clout ensures UN Status for NHRC’, The Times of India, dated 21 July 2011.
90. From the paper ‘Civil Liberties Movement: Response to Coercive Measures by the Indian State’ presented in the seminar on Democratic Movement and Human Rights Perspective’ in Hyderabad in June 1997.
91. Sumanta Banerjee, ‘Civil Liberties Movement—Response to Coercive Measures by the Indian State’ presented in the seminar on Democratic Movement and Human Rights Perspective held in Hyderabad during June 1997.
92. Seminar on ‘Democratic Rights and Human Rights Perspective’ in Hyderabad in June 1997.
93. The Annual Report of National Human Rights Commission (NHRC) 1995–96, accessed from http://www.nhrc.nic.in/ar95-96-htm.
94. Annual Report of National Human Rights Commission (NHRC) 1996–97, Annexure 1, ‘Statement Showing Details of Custodial Deaths Reported by States/Union Territories’, accessed through the website: http://nhrc.nic.in/documents-AR-ENG.pdf.
96. The speech of L.K. Advani, former deputy prime minister from the Hindu, 18 October 2002.
97. Leo Tolstoy ‘War and Peace’. The original quote is from another non-fiction by Leo Tolstoy as Leo Tolstoy, ‘What then must we do’ (Cambridge, UK: Green Books, August 1991).
98. The Sohrabuddin Sheikh fake encounter is an ongoing criminal case in Gujarat where the police killed Sohrabuddin Sheikh on 26 November 2005, and then his wife also disappeared. A year later, his friend Tulsi Prajapati, the sole witness, died on 28 December 2006 in another Gujarat police encounter shooting.[Page 257]
99. Jessica Lal was a model in New Delhi, who was working as a celebrity barmaid at a crowded socialite party when she was shot dead on 30 April 1999. Dozens of witnesses pointed to Siddharth Vashisht, also known as Manu Sharma the son of Venod Sharma, a wealthy and influential Congress-nominated MP from Haryana as the murderer. There were major flaws in the police investigation. Due to mounting public opinion, the case, which was reopened, was tried by the High Court which convicted Manu Sharma.
100. Priyadarshini Mattoo was a 25-year-old law student who was found raped and murdered at her house in New Delhi on 23 January 1996. On 17 October 2006, the Delhi High Court found Santosh Kumar Singh guilty and sentenced him to death. On 6 October 2010, the Supreme Court of India commuted the death sentence to life imprisonment. Santosh Kumar Singh, the son of a police inspector-general, had earlier been acquitted by a trial court in 1999.
101. Nitish Katara was a 24-year-old Indian business executive in Delhi, who was murdered on 17 February 2002 by Vikas Yadav, the son of influential criminal-politician D.P. Yadav. Nitish had fallen in love with his classmate, Bharti Yadav, sister of Vikas. The trial court held that Nitish's murder was an honour killing because the family did not approve their relationship. Vikas and Vishal Yadav were later found guilty by the court and awarded life sentence on 30 May 2008.
102. The sensational ‘2006 Nithari Killing Case’ related to the brutal killing of several young girls of Nithari Village of Noida area in the outskirts of Delhi. The killing took place in the house of one businessman, Mohinder Singh Pandher at Nithari during the period 2005–06. Though the affected families reported the missing of their children to the police, neither the police registered FIR nor conducted any proper investigation. They started to act only when some skeletons were found near the particular house. The entire episode demonstrated the deep-rooted insensitivity among police personnel at various levels of police organization.
1. Theovon Boven was the director of what was then the UN Division of Human Rights (now known as the Office of the High Commissioner for Human Rights [OHCHR]) from1977–1982. He held other prestigious positions such as chairman of European Human Rights Forum [Page 258]and the Special Rapporteur for Torture and so on. In 1985, he won the prestigious Right Livelihood Award.
2. Louis Henkin of Columbia University is one of the most influential contemporary scholars of international law and US foreign policy. He was attached to Columbia University Human Rights Forum.
3. Amartya Sen is the distinguished Indian economist who won the Nobel Prize for Economics in 1998 for his works on welfare economics and social choice theory. His works and concepts on the causes of famine attracted international attention. Dr. Amartya Sen, ‘Social exclusion—concept, application and scrutiny’, Office of the Economic and Social Development, Asian Development Bank, Manila, Phillippines, 2000.
4. P. Sainath who won Magsaysay Award in 2007 is a distinguished journalist. His well-researched articles on rural developmental issues, including farmers’ suicide, published in the Hindu highlighted the plight of rural poor.
5. The ‘decisional’ approach that had been tried by Palsby, Dahl and some other researchers made use of empirical determination of actual decisions and persons who were involved in taking such decisions. The ‘reputational’ approach, the most popular in community-based studies was made use of by Floyd Hunter in his study of ‘regional city’.
6. Intermediate Technology Development Group (ITDG), Bourton Hall, Bourton on Dunsmore, Rugby, Warwickshire, CV239QZ, UK, is an international development organization which works towards equitable and just work in which technology enriches and benefits the lives of poor people. Its major operations are in Africa, Asia and Latin America.
7. This definition is given in US Policy Document on Human Rights and is quoted from Lt Col David L. Roberts and Dr. S. Subramanian, Hand Book of International Humanitarian Law and Human Rights Law, (New Delhi: Regional Delegation of the International Committee of the Red Cross, 1998), p. 208.
8. The Protection of Human Rights Act, 1993 (Act no. 10 of 1994) came into effect on 28 September 1993.
9. (Retired) Justice P.N. Bhagwati of supreme court is known for his historic judgement upholding personal liberty and concept of human rights. In Francis Coralie Mullin versus Administrator UT of Delhi and others, he stated: ‘We think that the right to life includes the right to live with dignity and all that goes along with it; namely basic necessaries like adequate nutrition, cloth and shelter, facilities for reading, writing and expressing views freely etc’. Francis Coralie Mullin versus Administrator UT of Delhi and others, AIR, 1981, SC 746.[Page 259]
10. ‘Non-Governmental Organizations—Guidelines for Good policy and Practice’ was prepared for Commonwealth Foundation by Colin Ball and Leith Dunn.
11. HRI is an awareness-raising and capacity-building organization based at Central European University. Formed in 1999, by the students of CEU Legal Studies Human Rights Program, it had grown into an internationally recognized human rights organization.
12. Inter-American Institute of Human Rights is a major academic and research centre in the field of human rights in Europe.
13. D.N. Banerjee, Our Fundamental Rights: Their Nature and Extent (Calcutta: World Press Private, 1960).
14. Professor Earnest Barker, English political scientist who served as principal of Kings College, London, was the author of Social and Political Thought (Camebridge, 1964).
15. J.H. Skolonick, ‘Above the Law: Police and Excessive Use of force’ (New York: Free press, 1994).
16. International Convention on Elimination of all Forms of Racial Discrimination was adopted by UN in 1965 and entered into force from 4 January 1969.
17. International Convention on Suppression and Punishment of the Crime of Apartheid was adopted by UN in November 1973. It is also known as ‘Apartheid Convention’ which treats Apartheid as crime against humanity.
18. The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by UN in December 1948.
19. Vienna Convention on Consular Relations (1933) is an international treaty that decides the framework among independent nations in respect of diplomatic/consular relations. The convention with 79 articles was ratified by 173 nations.
20. David H. Bayley is a distinguished professor of the School of Criminal Justice at the State University of New York. He has authored a number of books on policing and law enforcement, The Police for Future (Oxford University Press, 1994) is one of his famous works.
21. Late K.G. Kannabiran and Late Dr. K. Balagopal, ‘In the written arguments in the matter of case No. 234/1-6/ 93-94 NHRC’, in respect of ‘encounter-killings’ in Andhra Pradesh.
22. Founded in 1983, the organization started with a group of Minnesota Lawyers who recognized the community's unique spirit of social justice as an opportunity to promote human rights worldwide. Its first project to attract international attention was the preparation and publication of the ‘The Manuel on the Effective Prevention and Investigation of Extra-Legal and Arbitrary and Summary Execution’ known as ‘Minnesota Protocol’ since 1992, the organization is named as Minnesota Advocates for Human Rights.[Page 260]
1. The new democracy concept aims to overthrow feudalism and/or achieve a country's national independence from colonialism, but it bypasses the rule of the capitalist class that Marx and Lenin predicted would usually follow such a struggle, claiming instead to seek to enter directly into socialism through a coalition of classes fighting the old ruling order.
2. The great Naxalbari revolt led by comrade Charu Mazumdar in May 1967 proved to be the clarion call of ‘Spring Thunder over India’.
3. Meerut-conspiracy case was a controversial court case, in which several trade unionists including three Englishmen were arrested for organizing Indian rail strike, this immediately caught attention back home in England, inspired the 1932 play titled Meerut, by Manchester-street theatre group, the Red Megaphones, highlighting the detrimental effects of colonization and industrialization.
4. The Chittagong-armory raid was an attempt on 18 April 1930 to raid the armory of police and auxiliary forces from the Chittagong armory in Bengal province of British India by armed revolutionaries led by Surya Sen.
5. The Tebhaga movement was a militant campaign initiated in Bengal by the Kisan Sabha (peasant's front of Communist Party of India) in 1946. At that time share-cropping peasants (essentially, tenants) had to give half of their harvest to the owners of the land. The demand of the Tebhaga (sharing by thirds) movement was to reduce the share given to landlords to one third.
6. People's war, also called protracted people's war, is a military–political strategy first developed by the Chinese Marxist–Leninist revolutionary and political leader Mao Zedong (1893–1976). The basic concept behind people's war is to maintain the support of the population and draw the enemy deep into the interior where the population will bleed them dry through a mix of mobile warfare and guerrilla warfare.
7. Buddhadev Bhattacharya's (former chief minister, West Bengal) letter to prime minister on the law and order scenario in the state (2010).
8. The Greyhounds are an elite commando force of Andhra Pradesh India. The force was raised in 1989 to control the Maoists who at one time had a strong presence in 23 of the state's 26 districts. Only the best policemen of Andhra Pradesh make it to the Greyhound squad, which is one of the highest paid in the country—even better than the elite National Security Guard.[Page 261]
9. The Telangana movement refers to a group of related political activities organized to support the creation of a new state of Telangana from the existing state of Andhra Pradesh.
10. Lalgrah movement, started during November 2008, was the struggle by Adivasis for their genuine rights. The Maoists who hijacked the movement launched a massive fight against police personnel and cadres of the ruling CPI(M). In June 2009, Indian security forces launched Operation Lalgarh against the Maoists in the village.
11. PPSS is a movement started by social activists/Left intellectuals against the large-scale exploitation of natural resources by MNCs to start their projects in Orissa.
12. Over 4,000 sq. km of land in Bastar (Chhattisgarh) that includes the thickly forested tribal heartland of Abujh Marh is considered to be the red bastion of CPI (Maoists).
13. The victory of the Chinese People's Revolution led by Chairman Mao changed the situation in the East and in the world, blazing a new trail for the revolutionary struggles. Mao, Selected Works, Vol. II, p. 318. Marxists Internet archive, accessed from http://www.marxists.org/reference/archives/mao/selectedworks.
14. The strategy and tactics document of Maoists adopted at the Ninth Congress of 2001 explains the importance of urban work as ‘Work in the urban areas has a special importance in our revolutionary work in our revolution, which follows the line of protracted people's war, the liberation of urban areas, will be possible only in the last stage of the revolution’.
15. People's Committee against Police Atrocities was a pro-CPI(ML) movement that spearheaded the Lalgarh movement in West Bengal.
16. The Popular Front of India (PFI) is a confederation of Muslim organizations in India, including National Development Front (Kerala), Manitha Neethi Pasarai (Tamil Nadu) and Karnataka Forum for Dignity and so on. The PFI has about 800,000 members all over the country and claims to advocate for minority and underprivileged groups in India holding demonstrations and marches.
17. Arundhati Roy, the Booker Prize winner is noted for her crusade for the protection of civil and human rights of marginalized sections
18. The ‘clear, hold and build’ strategy was vigorously pursued by Bush Administration against Taliban in Afghanistan. The above strategy was also applied with limited success in India against LWE in their stronghold states like Chhattisgarh.
19. Kancha Illaiah is the noted writer and a protagonist of Dalit cause; who made a number of studies on Dalit paradigm in India. Interview with Kancha Illaiah by Anand, May 2000, http://www.ambedkar.org.
20. At least 54 upper-caste Rajput community members in Dalelchak–Baghaura in Bihar were killed in May 1987. The incident was the [Page 262]worst massacre in the state until the Ranvir Sena killing of 61 Dalits in Laxmanpur–Bathe on 1 December 1997.
21. In 1968, T.N. Reddy broke with CPI(M) and formed the Andhra Pradesh Coordination Committee of Communist Revolutionaries (APCCCR). He succeeded in attracting a large part of the CPI(M) cadre to APCCCR. During a brief period APCCCR was part of AICCCR. Reddy was however very critical of the left adventurist line of Charu Majumdar, instead he wanted to promote a mass line. Thus, Reddy and APCCCR were expelled from AICCCR. Indian Vanguard, ‘Relevance of T. Nagireddy line culminating from UCCRI (ML)’, 8 November 2007.
22. The Maoist theory of people's war divides warfare into three phases. In phase one, the guerrillas earn population's support by distributing propaganda and attacking the organs of government. In phase two, escalating attacks are launched against the government's military forces and vital institutions. In phase three, conventional warfare and fighting are used to seize cities, overthrow the government, and assume control of the country.
23. India Report 2009 by Human Rights Watch. ‘India/Human Rights Watch’ (http://www.hrw.org/pt/worldreport/2009/india).
24. From the Report of the Institute of Peace and Conflict Studies. The Naxal-Problem, IPCS Conference Report, March 2012 (quoted from Naxalite-Maoist insurgency, Wikipedia).
25. Country Report on Human Rights Abuses by US State Department. US Department of State ‘Country Report on Human Rights’ (http://www.refworld.org/docid/3ae6aa980html).
26. V.S. Jafa serves in the Indian Administrative Service (IAS) and is a former chief secretary of Assam. He studied the Northern Ireland conflict as a visiting fellow at the University of Oxford (1986–1987), and as John D. and Catherine T. MacArthur fellow and a visiting fellow at the Massachusetts Institute of Technology (1988–89). He researched the revolutionary, ethnic and religious roots of violence, counter-insurgency and counter-terrorism in the context of the theory and practice of conflict resolution.
1. Karl Gunnar Myrdal (1898–1987) was a Swedish Nobel Laureate economist, sociologist and politician. In 1974, he received the Nobel Prize in Economics with Friedrich Hayek for ‘their pioneering work in the theory of money and economic fluctuations and for their penetrating [Page 263]analysis of the interdependence of economic, social and institutional phenomena’. He is best known in the United States for his study of race relations, which culminated in his book, An American Dilemma: The Negro Problem and Modern. His another equally famous work is Asian Drama.
2. The Great March was a military retreat undertaken by the Red Army of the Chinese Communist Party to evade the pursuit of the Kuomintang (KMT or Chinese Nationalist Party) army.
3. Koratala Suryanarayana Rao was a senior CPI leader from Andhra Pradesh who strongly opposed LWE from the beginning of the movement. P.V. Ramana, ‘Internal and international linkages of Naxalites’, Dialogue, April–June, 2005, Vol. 6, No. 4.
4. The Coordination Committee of Maoist Parties and Organisations in South Asia (CCOMPOSA) is an umbrella organization of ten left-wing extremist organizations active in four countries of South Asia—Bangladesh, India, Nepal and Sri Lanka.
5. Praja court is the self-styled judicial set-up of Maoists in which the identified ‘class enemies’ of the movement are tried and punished for offences.
6. Justice M.N. Rao of Andhra Pradesh High Court in his directions on LWE violence. Shakumuri Appa rao and others versus Government of Andhra Pradesh reported in 1996(3) ALD493 (Quote from the statement of Justice M.N. Rao).
1. Development Challenges in Extremist Affected Areas: An Expert Group Report to Planning Commission, New Delhi: Government of India, 2008).
2. This study was undertaken by Action Aid (2001–2002). PACS: ‘Untouchabilty still strong’ 2007, New Delhi (news item regarding study undertaken by Action Aid during 2001–2002). A panel consisting of social activist Harsha Mander and Sukhdev Thorat (former Chairperson UGC) analysed the findings, based on which it was published in 2006. Ghanashyam Shah et al., (Ed). Untouchability in Rural India (SAGE Publications, New Delhi, 2006).
3. From Dr B.R. Ambedkar's speech in Constituent Assembly. Quotes by Dr B.R. Ambedkar on 26 January 1950, accessed from http://www.goodreads.com//7165680.
4. Formation of autonomous areas for STs and so on is enshrined in Article 244/A.[Page 264]
5. Grants from the Union to certain states/areas and special provisions are laid down in 275 Article.
6. The Scheduled Tribes Order, 1950, promulgated on the strength of Article 342.
7. Formation of National Commission for SC/ST and so on are laid down under this Article.
8. Article 339, Control of the Union over the Administration of Scheduled Areas and the Welfare of Scheduled Tribes. H.M. Seervai, ‘The Constitutional law of India’ 4th edition, Universal Law Publishing Co, New Delhi, 2011 (Article 339, Control of the Union over the Administration of Scheduled Areas and the Welfare of Scheduled Tribes).
9. From the Report of SC-ST Commissioner, 1998. Government of India: Report, National Commission for Scheduled Castes & Scheduled Tribes (NCSCST), 1990, Atrocities against SC/ST.
10. Development Challenges in Extremist Affected Areas: An Expert Group Report to Planning Commission (2008).
12. Human Development Report 2006, Published for UNDP-Beyond Scarcity: Power, Poverty and the Global Water Crisis, accessed from http://hdr.undp.org/en/media/HDR06-completepdf.
13. Human Development Report 2008 of UNDP. Human Development Report 2008 :Human Development Reports, (UNDP)-accessed from http://hdr.undp.org/en/media/HDR08-completepdf
14. An honour killing is the homicide of a member of a family or social group by other members due to the belief of the perpetrators that the victim has brought dishonor upon the family or community. Honour killings are directed mostly against women and girls.
15. The creation of UN Women came about as part of the UN reform agenda, bringing together resources and mandates for greater impact in the empowerment and welfare of women.
16. Millennium Development Summit of UN 2000. ‘The Millennium Development Summit & its Follow-up Global Policy Forum’ accessed from http://www.globalpolicy.org/un-/un/millenniumsubmit-and-its-followup, May 2009.
17. ‘Children's Human Rights Training Programme for Civil Action Groups’—document prepared by Maheshwar Madan Lal (1994) for Malian Foundation.
18. The UN Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children. The Convention generally defines a child as any human being under the age of eighteen.
19. Office of the United Nations High Commissioner for Human Rights, Geneva, Switzerland: United Nations Convention on the Rights of [Page 265]the Child, Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989, entry into force 2 September 1990, in accordance with article.
20. Nina M. Birkeland, ‘Internal displacement: Global trends in conflict-induced displacement’ International Review of Red Cross, Volume 91, No 815, September 2009.
21. UNCHR. ‘Human Rights Watch, ‘Small Change: Bonded Child Labor in India's Silk Industry’ 23 January 2003.
22. Development Challenges in Extremist Affected Areas: An Expert Group Report to Planning Commission (2008).
23. From Ramachandra Rao Committee Report1993. G.O.Ms.No. 66, Social Welfare (J1) Dept. dated 2-6-1997 of AP Government (Ramachandra Raju Commission Report).
24. National Campaign on Dalit Human Rights is an Indian non-party based secular platform with offices in 14 states of the country. The objectives of NCDHR are the following: (a) to hold the state accountable for all human rights violations committed against Dalits; (b) to sensitize civil society by raising visibility of the Dalit problem; and (c) to render justice to Dalit victims of discrimination and violence.
25. UN Convention on the Elimination of All Forms of Racial Dicrimination held in Geneva in 2002. International Convention on the Elimination of All Forms of Racial Dicrimination, Committee on the Elimination of Racial Dicrimination, 55th session, Geneva, 2–27 August 1999.
26. James Baldwin, ‘Letter to my Nephew on the One Hundredth Anniversary of Emancipation’; James Baldwin, ‘The Fire Next Time’ Vintage International, New York, 1963.
27. Bhopal Declaration adopted by All India Dalit congress held in Bhopal (January 2002). Venkitesh Ramakrishnan, ‘Dalit & Congress’ Frontline, Volume 28, Issue 11, 21 May–3 June 2011.
28. Apart from Ahmedabad city, the worst fury was witnessed in the Adivasi talukas of Kawat, Panwad and Chhota Udaipur during 2002 riots. A research study by AP-based NGO ‘AWARE’. AWARE | Action for Welfare and Awakening in Rural Environment, http://www.aware-group.com/.
29. Personal interview of the author with Ms Nafisa D'Souza, 1998.
30. The women's movement in Andhra Pradesh originated from the anti-arrack (anti-liquor) movement started by the state's rural women in the 1990s.
31. Based on the statistics of Women Welfare and Child development, Andhra Pradesh. Statistics on atrocities/offences against Women IN AP (1991–97): Department of Welfare and Child development, Andhra Pradesh, 1998.[Page 266]
32. Rameeza Bee was allegedly raped by sub-inspector Surender Singh and constables Mohammed Sultan and Mohammed Khaja at the Nallakunta police station in Hyderabad city on the night of 29–30 March 1978 and her husband was beaten to death for questioning their act. The public was greatly agitated and riots broke out in the city the following day.
33. One of the constables of the Tharoor police station (Andhra Pradesh) had beaten Parvathamma with lathis and leather belts and later raped her during April 2006. The case came up before NHRC.
1. Union Government's Status paper on LWE (2005). Government of India: Development issues in Extremist affected areas-Expert Group report to Planning Commission of India, 2008.
2. Dwight D. Eisenhower from his speech before the American Society of Newspaper Editors, 16 April 1953. Classic quotes: Quotation No 9556 http://www.quotatHYPERLINK “http://www.quotationpage.com/quote/9556html”http://ionpage.com/quote/9556html.
3. Development Challenges in Extremist-Affected Areas: A Report of the Expert Panel to the Planning Commission. Government of India: Development issues in Extremist affected areas- Expert Group report to Planning Commission of India, 2008.
4. Government of India: Development issues in Extremist affected areas-Expert Group report to Planning Commission of India, 2008.
5. The National Rehabilitation & Resettlement Policy, 2007, was approved by the cabinet on 11 October 2007. It was published in the Official Gazette and came into force on 31 October, 2007. It covers rehabilitation and resettlement of displaced persons in all cases of land acquisition and in involuntary displacement due to other causes.
6. ‘India's Forced Displacement Policy and Practice’, Indian Social Institute, New Delhi. Fernandez Walter, ‘India's Forced Displacement Policy and Practice’-Is compensdation upto its functioning?’ http://www.nesrc.org/NESRC/Walter/chap7pdf.
7. A Nyaya Panchayat is a system of dispute resolution at village level in India. Nyaya Panchayats can be endowed with functions based on broad principles of natural justice and can tend to remain procedurally as simple as possible. They can be given civil and minor criminal jurisdiction. But they should never follow civil and criminal procedure code in toto.[Page 267]
1. Non-governmental Organizations—Guidelines for good policy and practice. Collin Ball & Leith L ‘Dunn, Non-governmental Organizations—Guidelines for good policy and practice’ Commonwealth Foundation, London, 1995.
2. The Second Vatican Council (also known as Vatican II) addressed relations between the Roman Catholic Church and the modern world. It was the 21st Ecumenical Council of the Catholic Church and the second to be held at St. Peter's Basilica in the Vatican. It opened under Pope John XXIII on 11 October 1962 and closed under Pope Paul VI on 8 December 1965.
3. The 1968 Medellin Conference, in Colombia, officially supported ‘base ecclesiastic communities’ and the liberation theology propounded by Gustavo Gutiérrez in his 1972 essay, ‘A Theology of Liberation: History, Politics and Salvation’.
4. Liberation theology is a political movement in Christian theology which interprets the teachings of Jesus Christ in terms of liberation from unjust economic, political or social conditions.
5. Conference on Security and Co-operation in Europe is also known as Helsinki Final Act (1975). It discussed and adopted resolution.
6. Director, UN Centre for Human Rights (1977–1982). Theo Van Boven,’ Human Rights & Rights of People’ http://www.ejil.org/pdfs/6/1/1307pdf.
7. Felice D. Gaer, ‘Reality Check: Human Rights NGOs Confront Governments at the UN’ in eds. Thomas Weiss. Felice D. Gaer, ‘Reality Check: Human Rights NGOs Confront Governments at the UN’ in NGOs the UN and Global Governance’, eds. Thomas G. Weiss&Leon Gordenker, Emerging Global issue Series (Boulder, Colo: Lynne Rienrer, 1996) USA.
8. Vienna Declaration and Programme of Action (1993).
9. The UN Working Group on Forced Disappearance deals with the numerous individual cases of human rights violations on a purely humanitarian basis, irrespective of whether the government concerned has ratified any of the existing legal instruments which provide for an individual complaints procedure. It acts essentially as a channel of communication between the families of disappeared persons and governments, and has successfully developed a dialogue with the majority of governments concerned with the aim of solving cases of disappearance.
10. Filártiga versus Peña-Irala (630 F.2d 876), 1980, was a landmark case in United States and international law. It set the precedent for United States federal courts to punish non-American citizens for tortious acts committed outside the United States that were in violation of [Page 268]public international law (the law of nations) or any treaties to which the United States is a party. It thus extends the jurisdiction of United States courts to tortious acts committed around the world.
11. The Torture Victim Protection Act of 1991 is a statute that allows for the filing of civil suits in the United States against individuals who, acting in an official capacity for any foreign nation, committed torture and/or extrajudicial killing.
12. Amnesty International Report 1983 (London: Amnesty International Publications Ltd., 1983), pp. 113–5. Political killings by governments.
13. Amnesty International Report 1984 (London: Amnesty International Publications Ltd, 1984) Torture in 80s-campaigns.
14. Amnesty International. March 1992. India: Torture, Rape and Deaths in Custody. New York: Amnesty International USA.
15. Gita Saghal, who became the head of Amnesty's gender unit in 2003, resigned because of her differences with Amnesty on their campaign in respect of certain Islamic terrorists.
16. Moazzam Beggis, a British–Pakistani Muslim, was held in extrajudicial detention in the Bagram Theater Internment Facility and the Guantanamo Bay detainment camp in Cuba by the US government for nearly three years.
17. Munmum Jha, ‘Nehru and Civil Liberties in India’, in International Journal of Human Rights, Volume 7, issue number 3, 2003, pp. 103–115. Munmum Jha Human Rights NGO Strategies in India. In International Human Rights Perspective, Volume 1, Number 1, 2002, pp. 67–80.
18. Personal Interview of the author with T. Pratap Reddy (PUCL) of Hyderabad, 1998.
19. Article 3 of Geneva Convention (http://www.icrc.org/ihl/WebART/375-590006). Convention (III) relative to the Treatment of Prisoners of War.
20. Protocol II is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of ‘non-international’ armed conflicts. It defines certain international laws that strive to provide better protection for victims of ‘internal’ armed conflicts that take place within the borders of a single country. The scope of these laws is more limited than those of the rest of the Geneva Conventions out of respect for sovereign rights and duties of national governments.
21. Personal interview of the author with K.G. Kannabiran, APCLC leader, 1998.
1. In 1970s an organized movement known as ‘Chipko’ spread throughout India against the destruction of forest in various states, especially [Page 269]Uttaranchal. Gaura Devi, Sunderlal Bhuguna and Chandi Prasad Bhatt were the founders of this movement.
2. National Fishermen's Forum floated mainly at the instance of Fr. Thomas Kocherry, alias Tom Kocherry, of Kerala is a typical example of the successful unionization of unorganized sections. The traditional fishermen of various states were organized under the banner of NFF which organized a series of agitations/struggles in the coastal areas in order to safeguard the livelihood of traditional fishermen.
3. The Copenhagen Social Summit of 1995 in its declaration reached a consensus by state heads on the need to put the people at the centre of development. It pledged to make the conquest of poverty, goal of total jobs and fostering social integration overriding development. After five years in June 2000, the heads of government again reassembled in Geneva to review the progress.
4. Voluntary Action Network of India (VANI) formed in 1988 is an apex body of NGOs having over 370 directly registered member organizations and around 4,000 indirectly represented member organizations. VANI could successfully launch advocacy at national and state level on a number of issues related to poverty, employment and development.
1. Besides senior persons belonging to Judiciary, bureaucracy, Academic field, civil/Human rights, samples from police NGOs and common public were interviewed on the basis of structured questionnaire and inputs collected, collated and analyzed.
2. Dr M.V. Pylee is a former vice chancellor of Cochin University of Science & Technology. He is a known Constitutional and management expert. This was quoted a the personal interview by the author with Dr Pylee in1998.
3. Quoted from the personal interview by the author with Late K.G. Kannabiran, one of the founders of APCLC and a leading advocate of Andhra Pradesh High Court in 1998.
4. Quoted from the personal interview by the author with Ms Kiran Bedi, IPS.
5. The interview of Dr. MV Pylee, Constitutional expert by author (Cochin/1998).
6. Quoted from the personal interview by the author with (retired) Justice V.R. Krishna Iyer of Supreme Court, a legal luminary, Constitutional expert and human rights activist[Page 270]
7. The interview of Justice (retd) V R Krishna iyer, of Supreme Court by author (Cochin/1998).
8. From the National Police Commission (NPC) Report (1977–1981) (The Ministry of Home Affairs, GoI).
9. Quoted from the personal interview by the author with (retired) Chief Justice M.N. Venkitachellaiah of Supreme Court while holding the post of chairman in NHRC in 1998.
10. The interview of Late K G Kannabiran, (APCLC) by author (East Maradappally, Secundrabad/1998).
11. Quoted from a personal interview by the author with Smt. Nafisa D'Souza, director of Visakhapatnam-based NGO ‘LAYA’, active among the tribals of Andhra Pradesh.
12. Quoted from a personal interview by the author with T. Pratap Reddy, chairman, Vigil India Movement (1998) and PUCL leader from Andhra Pradesh.
13. Quoted from a personal interview by the author with R.V. Pillai, IAS and secretary general of NHRC (1998).
14. Quoted from a personal interview by the author with Professor Kodanda Rama Reddy, political science, of Osmania University and state executive member of APCLC (1998).
15. Ms Hillary Clinton's statement on health as a human right. Cliff Kincaid, ‘Hillary Clinton's Global agenda’-American survival inc, http://www.usasurvival.org/ck061903shtml (Human Rights day speech at Georgetown University on December 10, 1998).
16. The interview of Ms. Kiran Bedi, IPS by author (Hyderabad/1998).
17. The interview of Ms. Kiran Bedi, IPS by author (Hyderabad/1998).
1. Anthony Giddens, former director of London School of Economics who authored around 40 books on political and sociological concepts through his remarkable work Beyond Left and Right propounded ‘third-way politics’, which is an alternative to capitalism and socialism. He argued that the main aim of the third-way politics should be to help citizens to pilot their way through the main revolution of our time on globalization, transformation in personal life and our relations to nature. This concept has considerably contributed to the growth of social democracy and welfare state in many countries.
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About the Author[Page 288]
K.V. Thomas, a law graduate from Kerala University, has over 36 years of distinguished career in Intelligence Bureau, Ministry of Home Affairs, Government of India, in various capacities in different parts of India including the far-flung insurgency-affected areas of the North East.
For his outstanding contributions to the Bureau, he was decorated with President's Police Medal for distinguished service (2008) and Indian Police Medal for meritorious service (1996), besides special awards of the Bureau for his outstanding professional contributions in the field of Internal Security. The National Police Academy, Hyderabad awarded him Police Fellowship in 1997 for undertaking a research project on Policing which he successfully completed in 1998. He won Prime Minister's Silver Cup Essay Competition conducted by National Police Academy for the serving police personnel in the country on six times. As a delegate to All India Police Science Congress he presented research-oriented papers on various aspects of policing, including human rights issues, on half a dozen occasions.
K.V. Thomas (aka Toms Kara) superannuated from IB in 2010 as Assistant Director. He is now fully engaged in bringing out quality publications in various subjects especially Internal Security/law enforcement, Human Rights and Insurgency. He has authored two books: Human Rights, Terrorism and Policing in India (1999) and Policing in 21st Century—Myth, Realities and Challenges (2012).