India – RightsViews

Manipur Violence: The Weaponizing of Sexual Offenses During Conflicts

September 30, 2023September 30, 2023 by Meryem BahadirNo Comments

By Guest Writer Prabhu Gupta The small Indian state of Manipur has been engulfed in intense civil conflict due to ethnic tensions. The primary Meitei population, along with the smaller Kuki minority, are engaged in a struggle for control and territorial dominance, leading to violent clashes. Recently, a video went viral showing two naked women being paraded naked, molested, and raped by a mob in the violence-inflicted areas resulting in a huge uproar from both within and outside the nation. Factual Backdrop and issues leading to the crisis The northeastern Indian state of Manipur, situated to the east of Bangladesh and sharing a border with Myanmar, has a population of approximately 3.3 million people. The majority population belongs to the Meiteis, while around 43% belong to the Kuki and Naga tribes, which make up the predominant minority groups. In Manipur a situation of ongoing violence began in May, resulting in the death of at least 130 people and injuries to 400 more. The conflict...

Filling the Gaps: Challenges of Regulatory Framework and Institutional Support For Persons With Disabilities in Educational Institutions

August 24, 2023 by Jess GallagherNo Comments

By Guest Writers Jayam Jha and Pooja Rajawat In the ongoing session of the Rajya Sabha, the seat of the former Indian Prime Minister, Dr. Manmohan Singh was shifted from the first row to the last row, due to his inability to walk to the first row because of health-related issues. This has sparked a debate regarding the accessibility of public buildings for persons with disabilities. It asks a pertinent question: what do we do when the parliament of a country is not accessible for persons with disabilities? Out of all other institutions, the need to revamp educational institutions—be it public or private—is more important than ever before, especially when we observe the 30 years of Unni Krishnan vs. The State of Andhra Pradesh, wherein the Right to Education was included within the ambit of Right to Life under Article 21 of the Constitution of India. This right to education was later explicitly inserted under Article 21A of the Constitution by...

Social Norms Constraining Legal Provisions: Coparcenary Rights of Indian Daughters

May 14, 2023 by Jess GallagherNo Comments

By Guest Writer Prasun Nabiyal The Hindu Succession Act (Amendment) of 2005 placed Hindu daughters on an equal footing with sons by giving them coparcenary rights over their father’s ancestral property. Coparcenary rights are a bundle of property rights shared among joint-heirs. According to N.R. Raghavchariar’s “Hindu Law Principles and Precedents”, this includes rights such as right to joint-possession and right to demand partition. Prior to the 2005 amendment, these rights were the exclusive domain of Hindu sons. The amendment thus marked a watershed moment, moving away from the gender-discriminating Hindu Succession Act of 1956. Last year, the Supreme Court of India, in the same tradition, held that Hindu daughters can inherit both self-acquired-property and coparcenary property. However, despite these progressive developments in the legal realm, the societal perception towards the issue of Hindu women possessing property rights persists. The mainstream view continues to believe that only sons, not daughters, have coparcenary rights. Thus, the exercise of these rights by daughters is...

Forced Evictions and Bulldozer Demolitions: Crushing Human Rights under the Rubble

May 14, 2023 by Jess Gallagher1 Comment

By Guest Writer Ketan Aggarwal “My parents were sleeping inside the house. They demolished the house without informing us and set it on fire. I somehow managed to come out of the house. The policemen caught me and beat me up. They were trying to push me inside the burning house. My father was severely burnt, while my mother and sister died in the fire.” These were the words of Shivam, whose house was demolished during an anti-encroachment drive in the Kanpur Dehat district of Uttar Pradesh this month. This disturbing incident is not an isolated case of what has been termed "Bulldozer Justice." Similar incidents of forced evictions and demolitions have occurred in other parts of India, including Delhi and Madhya Pradesh. Many political parties, NGO & human rights groups like Al Jazeera have criticized these actions, which disproportionately target marginalized and minority communities, as a form of extrajudicial punishment. The use of bulldozers to demolish homes and businesses has become increasingly prevalent...

Disenfranchisement of Prisoners in India: Representation or Repression of the People?

March 27, 2023March 27, 2023 by Meryem BahadirNo Comments

By Guest Writer Avanti Deshpande Introduction Free and fair elections underpinned by the universal adult franchise are undoubtedly the cornerstone of a democratic state in today’s standards. Yet, while most democratic countries acknowledge the importance of voting rights, voter suppression and voter disenfranchisement are not new problems and have long been plaguing democracies. Indian law places a blanket ban on voting for all prisoners; i.e., not only convicts but under-trial prisoners whose innocence or guilt is yet to be proven conclusively in a court of law. With no exception, reasoning, or rationale being provided under law for denying prisoners the right to vote, this piece will attempt to critically engage with the issue of the disqualification of prisoners from voting in elections and argue that it is fundamentally unconstitutional and violative of the basic tenets of a democratic state. Overview of the Present Legal Framework The issue of the disenfranchisement of prisoners in India stems from Section 62(5) of the Representation of the People Act,...

The Right to Healthcare for LGBTQIA Indians: A Relentless Fight towards Equality

January 13, 2023 by Varsha VijayakumarNo Comments

By Guest Writers Srushti S Kekre* and Udisha Surana** Of all forms of inequality, ‘injustice in healthcare’ is the most shocking and inhumane. -Martin Luther King Jr. Since time immemorial, the LGBTQIA community has been subjected to regressive and dehumanizing practices. Pervasive intolerance and prejudice has forced them to live on the margins of society and fight for something as indispensable as healthcare. The Indian healthcare system has historically functioned around a heteronormative mindset, actively dismissing the interests of people with gender diverse identities. Yet Article 14 of the Constitution of India guarantees protection against any discrimination on the basis of caste, race, gender and religion. Meanwhile, the Indian Supreme Court, in the landmark case of L.I.C of India v. Consumer Education and Research Centre, expressly applied the principles of equality to eliminate any form of discrimination and protect the right to health and adequate healthcare facilities. Lamentably, bigotry has progressed to an extent where, throughout the Covid-19 global pandemic, the LGBTQIA community was intentionally...

A Person-Centered and Compassionate Health Care System

October 21, 2021October 19, 2021 by Larissa PeltolaNo Comments

By: Carina Goebelbecker, staff writer. How can we put “care” back into health care? This was the central question posed by the “A Person-Centered and Compassionate Health Care System” zoom webinar on Friday, October 15th at 8:30am EST, organized by the Columbia Mailman School of Public Health as a part of their Centennial programming. Current Yusef Hamied Fellow Dr. Vikram Patel used personal experience, research on class division within the system, and medical data to highlight the ways in which India’s healthcare system is failing its people while proposing concrete solutions for a promising way forward. Dr. Patel began the lecture with a story about his mother, who experienced intense mistreatment within India’s health care system over the course of more than fifty years until her death. Patel stated that through his mother’s encounters, he never came across “a physician who actually saw [his] mother as a person,” but rather viewed her as just a diagnosis. This lack of visibility is a...

Recognition of “Marital Rape” As a Valid Ground for Divorce – An Affirmative Step towards Marital Equality and Women’s Rights in India

September 10, 2021September 8, 2021 by Larissa PeltolaNo Comments

By guest contributor Yamika Khanna* The Madras High Court in a remarkable judgment (case name was redacted due to the sensitive nature) upheld that marital rape, although not penalized under the Indian Penal Code, is a valid ground to claim divorce. The judgment is a light at the end of a very dark tunnel in recognizing the heinous nature of marital rape as a gross violation of bodily autonomy, privacy, and dignity of a married woman, especially under a legal regime that considers non-consensual sexual intercourse with the “wife” by the “husband” as an exception to the crime of rape. An appeal was filed before the Hon'ble Court against the judgment of the Family Court. The Family Court vide its judgment allowed the petition for divorce sought by the wife on the ground of cruelty. The gravest contention of the wife with reference to cruelty against her pertained to the worst forms of sexual perversion including unnatural intercourse against the wife’s will. In...

Inadequacy of Laws Against Cross-Border Sex Trafficking Between Nepal and India

July 8, 2021 by Larissa PeltolaNo Comments

By guest contributor Ayush Kumar* Globalisation has caused the emergence of new technologies that facilitate trade and transport, making business more rewarding. A negative ramification of this change is the proliferation of cross-border human trafficking. The UN Office of Drugs and Crime (UNODC) defines Human Trafficking as the “recruitment, transportation, transfer, harbouring, or receipt of people through force, fraud, or deception, intending to exploit them for profit.” Men, women, and children of all ages and from all backgrounds can become victims of this crime, which occurs in every region of the world. There are nearly 36 million victims of human trafficking in the world, out of which two-thirds are from Asia, making it the third-largest crime in magnitude and profit after arms and drug trafficking. With Covid-19, the situation is anticipated to turn grimmer. Open Borders: A Facilitating Factor Nepal is an indispensable neighbour of India because of its cultural, historical, and economic connections. It also holds a vital place in India’s foreign policy...

COVID-19 in India: Violation of the Right to Health and the Collapse of Healthcare Infrastructure

May 17, 2021 by Larissa PeltolaNo Comments

By guest contributor, Ayush Kumar is a law student at Dr. Ram Manohar Lohiya National Law University, India. On the 13th of March, as a gesture of accountability, Jordan’s health minister resigned after six Covid-19 patients died due to lack of oxygen at a hospital ward. Accountability is the linchpin of a functional democracy as it compels a State to explain what it is doing and how it is moving forward in times of crisis. In the past few weeks, India has faced a massive oxygen shortage as the healthcare infrastructure collapsed like a house of cards due to exponentially rising cases of Covid-19. Alone in the capital city, twenty-five patients died due to the shortage of oxygen on 24th April. The government’s inadequacy in providing healthcare facilities to its people is a serious violation of their human right to health. Patna High Court’s division bench expressed strong displeasure over the deaths due to oxygen shortage and further stated that lack of adequate...