COVER STORY

In the last 60 years, abuse of Article 370 of the Constitution of India that provides special status to Jammu and Kashmir has seldom been discussed. This issue of IHRRQ focuses as to how the Article 370 has been abused to introduce draconian laws, deny enactment of progressive laws and legalise discrimination prohibited by international human rights laws.

Editorial

Abuse of Article 370

Order extraordinaire: J&K’s immunity set aside by the NHRC

In an extraordinary order on 27 December 2010, National Human Rights Commission of India set aside immunity claimed by the Jammu and Kashmir government. Does it mark the beginning of the scrutiny of J&K by the NHRC?

J & K SHRC: In shambles

The State of J&K State Human Rights Commission is in shambles. Its orders are being scrutinised by the police and government officials.

Hindu and Sikh refugees from Pakistan: Majority Kashmiris have a case of extreme discrimination to answer!

After India’s partition in 1947, about 5,764 families, most of them belonging to Sikhs and Hindus fled from outside of then undivided Kashmir and settled in Jammu and Kashmir. Their present population is about 2,50,000 but until today they have been denied the right to citizenship as J&K Government practices citizenship based on “jus sanguine”.

COMMENTARY AND ANALYSIS

Forced eviction of Adivasis from Lungsung forest area in Kokrajhar district of Assam

On 30-31 October 2010, thousands of Adivasis were forcefully evicted by the Forest Department from Lungsung forest area under Haltugaon Forest Division in Kokrajhar district of Assam. Even children were not spared and thrown into fire.

Bru repatriation: Mizoram fails to utilize the agreement facilitated by Asian Centre for Human Rights

ACHR mediated an agreement between the pro and anti-repatriation factions of the Bru displaced people from Mizoram to facilitate repatriation. Ministry of Home Affairs responded with alacrity but the State government cooked up various excuses. An opportunity lost?

STATES ROUND UP

JUDGEMENTS

Delhi High Court implements Guiding Principles on IDPs

The Delhi High Court in a historic judgement on 30 November 2010 upheld the responsibility of the Government of India for implementation of the UN Guiding Principles on the IDPs with respect to the Kashmiri Pandits, another case the majority Kashmiris have to answer.

INDIA AT THE UN

Gujarat riots under the UN CEDAW Committee’s radar

The Government of India submitted its exceptional report to the UN CEDAW Committee on the Gujarat riots. The report was however submitted only two days before the dialogue. India had failed to adequately informed the CEDAW Committee.

Who are the indigenous peoples of India?

India consistently denies existence or applicability of the concept of “indigenous peoples” despite being signatory to the ILO Convention No. 107 concerning indigenous and tribal peoples. The Supreme Court in its latest judgement on 5 January 2011 while dismissing the Criminal Appellate Jurisdiction arising out of Special Leave Petition (Crl) No. 10367 of 2010) unequivocally asserted that Scheduled Tribes are indigenous peoples of India.