'Special laws like POTA short circuit legal procedures'
[ Monday, January 13, 2003 02:41:58 amTIMES NEWS NETWORK ]
Ravinder Joshi, Legal Advisor to the ICJ, Geneva, was here recently at the
inauguration of city’s first human rights club. He spoke on the global
phenomenon of human rights violations. Excerpts... What specific role does the
International Commission of Jurists (ICJ ) play? I am looking after the National
Implementation Programme for Common Law System (applicable to Commonwealth
countries).We try to implement and incorporate international human rights laws
in domestic structures in theory and practice. How do you take into account
cultural variances practiced by different societies while implementing
international human rights laws?
We don’t take rationalisation of cultural justification. This way many
societies will justify things like wife-bashing and female infanticide. Our
framework is based on international treatise, conventions, human rights
declarations that most countries sign but forget to implement. Then there are
international customary laws against things like torture, in police custody or
by other law enforcing agencies. India has not ratified this treaty despite a
strong demand from the National Human Rights Commission.
How does ICJ view special laws like TADA and POTA?
In principle international human rights law do not approve of special laws
anywhere in the world. These laws short circuit proper legal procedures.
Moreover, these laws work on the presumption of violation of law. Our first
concern is whether a law like POTA conforms to human rights laws or not.
How do you view two opposite forces growing simultaneously - human rights
awareness and growing violation of human rights? Human rights situation is bad
globally and there are many reasons for that. The opposite forces are growing,
as you say, but these are not even forces. The human rights activists are not on
an equal footing with the violators who are the people in power. Human rights
issues are raised almost always in an emotional situation where it is difficult
to maintain objectivity. It was simple to give a communal colour to human rights
violations for the 1984 violence and also for Gujarat, under communal colour
many atrocities become easily justifiable to certain sections. There is a strong
need to give it a human right spin, to look at these crimes dispassionately.
Why are human rights activists viewed as mysterious people planted by Western
countries? The reason behind this perception is lack of proper discourse on
these issues. Media carries even film reviews on a weekly basis, but an
essential thing like human right review is not discussed even in a monthly
column. As I understand all cultures have strong elements of human rights
protection.
Human rights activists are also viewed as defenders of terrorists, hence, they
lack public support. Do you agree? Human rights are non-negotiable. Once you go
on that slippery road then everything will become justifiable, from torture to
domestic violence. Who will have the power to stop this justification and where!
Even if I disagree with you on certain issues, this disagreement should not take
away your human rights. The real test of human rights is in volatile times. As
in the US after September 11 they say, the real test is NOW. vandanashukla@indiatimes.com
[Times Of India, Monday, January 13, 2003]