Sathasivam not independent, don't appoint him as India's human right watchdog: PUCL

Sathasivam

By Our Representative
The People's Union for Civil Liberties (PUCL), India's powerful human rights organization, has asked President Pranab Mukherjee not to give his consent for the appointment of Justice P Sathasivam, presently governor of Kerala and former chief justice of India, as next chairperson of the National Human Rights Commission (NHRC), the autonomous civil rights watchdog of India.
"If such an appointment is made, it will be contrary to the law, democratic ethic and the spirit of the Indian Constitution and the protection of human rights", it has said in a letter to Mukherjee, telling him, in this case, the final decision vests with him as President of India, and not with the Cabinet whose advice is otherwise mandatory for him.
Signed by PUCL president Prof Prabhakar Sinha and general secreary Dr V Suresh, the PUCL said, "The most essential and indispensable qualification of chairperson of NHRC is the enjoyment of complete and unshakeable trust of the people in his ability to stand for their rights against the almost almighty executive", something which Sathasivam lacks.
Suggesting that the governor's post is subservient to the executive, the PUCL said, "By accepting his appointment as governor after holding the post of chief justice, he has accepted a position in which he would be taking orders, including for his own resignation, from the Home Secretary of the Union Government."
"Justice P Sathasivam has accepted a position in which the incumbent is liable to be hired and fired by the executive", the PUCL said, adding, this goes against the principles guiding National Institutions for the Promotion and Protection of Human Rights, adopted by the UN General Assembly in 1993, tho which India is a signatory. the princples require national human rights institutions (NHRIs) oo be “autonomous” and function “independently” of the government.
Pointing out that a key function of the NHRIs includes to “drawing the attention of the government to situations in any part of the country where human rights are violated and making proposals to it for initiatives to put an end to such situations", the PUCL wondered how would ordinary citizens have confidence in the "impartiality, fairness, objectivity and independence of a person who owes his current position as governor of a state to the pleasure of the ruling Central government?"
The PUCL insisted, "Following his retirement, Justice Sathasivam's act of accepting the office of the governor, with its terms and conditions being dishonourable for a former Chief Justice of India, has destroyed the confidence of the people that such a person may ever stand up to his erstwhile master to protect their human rights."
Telling him that he could indepently, it told him, he has to make the NHRC appointment "not on the advice of the Council of Ministers, binding under Article 74 of the Constitution, but on the recommendation of a committee consisting of the Prime Minister, the Union Home Minister, the Speaker of the Lok Sabha, the Deputy Chairperson of the Rajya Sabha and the leaders of the opposition in both the Houses of Parliament."

Comments

Top upper caste judges 'biased' towards Dalit colleagues: US Bar Association report

By Rajiv Shah A high profile report prepared by the influential American Bar Association (ABA) Center for Human Rights , taking note of the fact that “in the 70-year history of the Indian Republic, only six Dalit judges have been appointed to the Supreme Court”, has taken strong exception to what it calls “lack of representation of Dalits” in the legal profession and the judiciary.

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

Whither SDG goal? India's maternal mortality rate fall target 5.5% per yr, actual 4.5%

By Srinivas Goli, Parul Puri* The maternal mortality ratio (number of maternal deaths per one lakh live births) is a key and sensitive parameter used by health policymakers to monitor maternal health conditions in particular and women's status in general in a country.

Fresh efforts to subsume Buddhism within Hindu fold 'undermining' Ambedkar

By Aviral Anand* From Yeola in 1935, when Dr Ambedkar announced that he would not die a Hindu, to Nagpur in 1956 when he converted to Buddhism, is a considerable distance in time. But, there was in him a need to make a public announcement in 1935 about moving away from Hinduism.

Unlike other revolutionaries, Hindutva icon wrote 5 mercy petitions to British masters

By Shamsul Islam* The Hindutva icon VD Savarkar of the RSS-BJP rulers of India submitted not one, two,or three but five mercy petitions to the British masters! Savarkarites argue: “There are no evidences to prove that Savarkar collaborated with the British for his release from jail. In fact, his appeal for release was a ruse. He was well aware of the political developments outside and wanted to be part of it. So he kept requesting for his release. But the British authorities did not trust him a bit” (YD Phadke, ‘A complex Hero’, "The Indian Expres"s, August 31, 2004)

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Reverse progress in fight against hunger? 15.3% of India undernourished: GHI

By Harchand Ram* Every year October 16 is observed as World Food Day to celebrate the date of the founding of the Food and Agriculture Organization (FAO) of the United Nations. In the year 2021, the theme for World Food Day is “Our actions are our Future-Better Production, better nutrition, a better environment, and a better life”.

Savarkar 'opposed' Bhagat Singh's, Netaji's dream of India, supported British war efforts

By Shamsul Islam* In a shocking development, the student wing of the RSS put the busts of martyrs Bhagat Singh and Subhash Chandra Bose with Savarkar's on one pedestal at the University of Delhi late in the night on August 20, 2019. Bhagat Singh sacrificed his life for a socialist-democratic-secular republic and Netaji raised Azad Hind Fauj (INA) consisting of people of all religions and regions for armed liberation of India.

Global Hunger Index: Govt of India response pathetic, 'lacks' scientific empirical evidence

By Fr Cedric Prakash SJ* Come 16 October – and the world once again focused on the most basic need for a person’s survival: food! The first World Food Day was observed in 1994, to mark the launch of the Food and Agriculture Organization (FAO) of the United Nations. Ever since, the day is marked to highlight the need and importance of food security across the world. The significance is accentuated especially in these difficult times like the C-19 povidandemic. The theme for 2021 is ‘Safe Food Now for a Healthier Tomorrow’, emphasising on the various immediate and long-term benefits of consuming safe and healthy food.

Failure of 'trickle down theory' behind India's poor Global Hunger Index rating

By Dr Gian Singh* On October 14, 2021, two organisations, Concern Worldwide (An Irish aid agency) and WeltHungerHilfe (a German organization that researches the problem of global hunger), jointly published the Global Hunger Index (GHI) for 2021. These organizations have included 116 countries in the world hunger rankings.

Counterview

Search This Blog