Human Rights Day: Is there really cause for celebration?

Every December 10 is celebrated as Human Rights Day, in honour of the adoption of the Universal Declaration of Human Rights (UDHR), a document that serves as the blueprint for the freedoms assured to persons across the world.

. The Constitution of India, which came into force a year later, echoed the sentiment the UDHR sought to perpetuate through Fundamental Rights, Directive Principles of State Policy and even the Preamble.

. And even as the courts waxed eloquent about constitutional morality , the ideals of the Constitution and the UDHR came to be flouted on a number of occasions in the recent past.

However, some authorities will have you believe that pointing out these violations of human rights is part of a larger conspiracy to defame India at the international stage. The Prime Minister himself seconded this opinion, stating at the recently held 28th Foundation Day of the National Human Rights Commission (NHRC),

"Human rights are infringed when it is seen through a political lens. This selective behaviour is harmful to democracy. We see such people try to harm the country’s reputation in the name of human rights infringement, the country must be careful of such people."

India's recent track record at the United Nations reveals a more accurate picture of where its priorities lie. A closer analysis revealed that it either abstained or voted against issues related to the right to a clean environment, the death penalty, and climate change.

Equally surprising is when the head of the apex human rights body warns against letting one of the most cherished human rights - the freedom of speech and expression - run like " an unruly horse ."

. On the topic of the freedom of speech and expression, to this day, journalists and activists continue to be charged under the draconian Unlawful Activities Prevention Act (UAPA).

On this Human Rights Day, journalist Siddique Kappan completes more then 400 days behind bars. During this period, Kappan lost his mother and was denied bail several times.

“ Justice chahiye. Mujhe abhi bhi hamare samwidhaan mein bharosa hai, (I want justice. I still have faith in the Constitution) ,” said Kappan as he was escorted out of a Mathura Court in Uttar Pradesh on June 15, after being charged under a law that makes bail the exception and jail the rule.

"This isn’t the India I dreamt of," said Kappan's wife, while talking to the Quint.

“We’ve suffered a lot, all our happiness is shattered,” she added.

. Even as the government says in Parliament that no persons died in the last five years while performing the odious practice of manual scavenging, in reality, widows like Vimla Govind are fighting against the unjust system. Govind fought a two-year battle before the Bombay High Court to get compensation for the death of her husband who lost his life after being forced to enter a septic tank.

"I hope many widows like me get justice," a hopeful Govind said.

. The government was equally inept at keeping records of farmers who died during the protests held against the controversial farm laws, in the midst of a raging pandemic.

And speaking of the pandemic, the stance of the government before the Supreme Court that there were no migrants making their way home by foot continues was equally removed from reality.

. Earlier in July, we saw Bhima Koregaon accused Father Stan Swamy lose his life at a Mumbai hospital. The nonagenarian was denied the most basic amenities while in prison, even as the courts refused to grant him bail.

Former Supreme Court judge Justice Deepak Gupta summed it up adequately when he said,

“Father Stan Swamy, 84 years old, suffering from Parkinson’s disease. I mean are we not humans? Have we lost all touch of humanity that this man requires bail even if there is 43D or 43E? There the powers of superior court must be used to grant bail to these people,” he said.

. George Orwell in his book 1984 said, “If you want a picture of the future, imagine a boot stamping on a human face—for ever. ”

We recently saw a literal representation of this expression in Assam, where a photographer was seen stamping on a dead civilian's face, in the presence of the officers.

The Gauhati High Court prompted the State authorities to take action on the incident, while noting,

"This is a big tragedy, very unfortunate. Those who are guilty, if at all must be punished, no doubt about that...Khoon zameen pe ghir gaya (blood has been spilled)."

. Most recently, we lost 14 villagers and a soldier in an operation undertaken by the Indian Army in Nagaland's Mon district. The incident was classified as an 'accident' with Union Home Minister Amit Shah terming it a "case of mistaken identity."

It's unfortunate that fourteen individuals were killed and their death is being framed as an accident or a 'case of mistaken identity'.

. In the face of what has come to pass in the recent past, in an environment where draconian laws like the UAPA, the Armed Forces Special Powers Act (AFSPA) 1958 and Sedition laws under the Indian Penal Code continue to be used to clamp down on dissent and basic human rights, we ask ourselves if we should be really celebrating Human Rights Day.

Human Rights Day: Is there really cause for celebration?

Areeb Uddin Ahmed

Aditya AK

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