WASHINGTON, Jan 14: Although India is the world’s most populous democracy, its current foreign policy often would make a confirmed dictator proud, says a US human rights report released on Wednesday.

“The Indian government lacks the will and capacity to implement many laws and policies designed to ensure the protection of rights,” observes Human Rights Watch, a US-based rights group.

“There is a pattern of denial of justice and impunity, whether it is in cases of human rights violations by security forces, or the failure to protect women, children, and marginalised groups such as Dalits, tribal groups, and religious minorities.”

The report adds that India’s failure to properly investigate and prosecute those responsible leads to continuing abuses.

The report notes that human rights groups in India lack sufficient resources to conduct their own investigations, and are not empowered to investigate violations by the army.

In efforts to contain armed groups in places like Kashmir and Manipur, “Indian security forces are responsible for extrajudicial killings, arbitrary detention, due process violations, and ill-treatment in custody. “Laws such as the Armed Forces (Special Powers) Act sanction impunity.”

Armed groups also are responsible for human rights abuses against civilians, including the use of explosive devices and landmines, forced recruitment, including of children, threats, extortion, and killings, the report adds.

Protests in Jammu and Kashmir

The report notes that while the level of violence has decreased in Kashmir, failure to investigate human rights violations transparently and prosecute those responsible remains a strong reason for public anger. Kashmiris believe that many of the thousands “disappeared” over the last two decades were dumped into unmarked graves. The government has ignored calls for an independent investigation by human rights groups to determine the fate of the victims.

The report notes that widespread protests erupted in Indian-held Jammu and Kashmir after a state government decision in May 2008 to transfer forest land to a Hindu trust to build temporary shelters during an annual Hindu pilgrimage called “Amarnath Yatra.” Several people were killed and many injured in the protests, and the issue fuelled religious tension.

Security forces used tear gas and opened fire using live ammunition as well as rubber bullets to control protesters who set fires, damaged government property, hurled stones, and in some cases attacked policemen.

Impunity

The report points out that India continue to provide extraordinary powers to its troops and grants them immunity from prosecution when they abuse those powers and commit human rights violations.

The Armed Forces (Special Powers) Act was enacted on August 18, 1958, as a short-term measure to allow deployment of the army in the northeast. The law has remained in force in various parts of the country for five decades.

It provides the armed forces with sweeping powers to shoot to kill, arrest, and search in violation of international human rights law. The law has led to widespread human rights abuses and protects troops from prosecution for such crimes.

Protection of vulnerable communities

The Indian government has failed to protect vulnerable communities, including Dalits, tribal groups, and religious minorities. Since August 2008, supporters of the Hindu militant groups Vishwa Hinud Parishad and Bajrang Dal in Orissa have attacked Christians, many of them tribal minorities or Dalits. The militants have burned churches, beat priests and nuns, and destroyed property.

Several policemen were suspended for dereliction of duty after a nun alleged that she was raped. At this writing, at least 40 persons had died in the violence, with scores injured and thousands internally displaced.

Failure to secure justice for the 2002 Gujarat riots — in which more than 2,000 Muslims were killed following an attack on a train carrying Hindu pilgrims — has fuelled anger amongst Muslims.

Police continue to arbitrarily round up and detain Muslims nationwide after bomb blasts; many have alleged were tortured during interrogation and forced into signing false confessions.

Muslims also face discrimination in access to housing and jobs and the Indian government does little to protect them.