Hate Hurts, Harmony Works



Lok Sabha Polls 2004 Sabrang Election Media Monitor
Click here...

India Shining - but Roti, Kapda Aur Makaan?
Peoples Agenda - Elections 2004

Northerner moors

CJP: The Legal Battle

Gujarat 2002 
Will there be justice and reparation?


  Communalism Combat  
  - Archives  
  - Feedback  
  - Subscription  
 - Advertising
 - Other Publications
 - Combat Themes


  - About Khoj  
  - Teaching Tolerance  
  - Khoj for Teachers  
  - History  
 - Quiz for Kids
 - Articles on Khoj



Peoples Agenda - Elections 2004

Gujarat Carnage—To The NHRC

National Human Rights Commision

I.          In compliance with Article V of the International Convention on the Prevention and Punishment of the Crime of Genocide, 1948 that India has signed in 1948 and ratified in 1958, a State that is Signatory is bound to effectively act upon and legislate upon the intents of the Legislation. Our country has not done complied with this requisite in the Convention though more than five decades have passed. The Tribunal has clearly held that the crimes in Gujarat were crimes against humanity and Genocide. But,  to date there is no law for punishing these people. Under the present political circumstances, the Tribunal does not expect either the State of Gujarat or the Union of India to enact such a much-needed law.

II.         Despite the fact that there is no law on genocide at present, the Tribunal holds that the Covenant on Genocide has become part of the customary law as it doesn’t conflict with any other existing law. Such an interpretation of the law is imperative and binding on the NHRC. Such an approach would help the NHRC to conduct a detailed investigation into the crimes in Gujarat and submit a detailed Report to the Government and the nation. The facts narrated in the NHRC’s Summary Report on Gujarat already add upto a prima facie accusation of genocide. The Commission has a present and urgent obligation to the people and a mandatory obligation to posterity to inquire into Gujarat violence and record its findings so that no political party and no government in future ever resort to such brutal practices.

III.        As part of this obligation, the NHRC must prepare a Model Statute on genocide including provisions for effectively taking preventive measures to protest religious ethnic and linguistic minorities from being attacked. This is mandatory because under the International Criminal Code genocide and crimes against humanity are declared as offences. State actors may not follow this but Human Rights Commissions set up by various countries will have to enforce them however limited their jurisdiction might be ‘’Genocide is an attack on human diversity as such, that is upon a characteristic of the’’ human status without which the very words ‘’mankind’’ or ‘’humanity’’ would be devoid of meaning’’ (Hannah Arndt) 

(Source: Recommendations, Crimes Against Humanity, Vol II)

Feedback | About Us
Sabrang Communications India 2004 All rights reserved.