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Without going into the merits or demerits, is CAB valid purely from a constitutional point of view? Can it be challenged in a court of law?
I will answer it in question and answer form so that understanding is easier.Which authority grants Indian citizenship?The authority vests in the Central government to decide issues related to citizenship.Can foreigners apply for Indian citizenship?Yes. But the authority to grant citizenship is again vested in the Central government according to the provisions of the Citizenship Act 1955.Is there a right to nationality?(Nationality is different from citizenship though)Yes. International law recognises right to nationality. Article 15 of the Universal Declaration of human rights recognised Right to nationality.What is condition related to refugees in India?India is not a signatory international convention relating to the status of refugees of 1951. But refugees are protected by law and agency against acts of violence. Human rights are conferred on them by international law which is a restraint on state's sovereignty. Indian Constitution also confers certain rights on them.Are fundamental rights applicable only to Indian citizens?No. Certain fundamental rights are available to both Indian citizens and outsiders. That includes illegal immigrants and refugees.Article 14 and Article 21 are available to both Indian citizens and outsiders alike.The famous case in this regard is theNational Human Rights commission v State of Arunanchal Pradesh.[1][1][1][1]If one studies this case one can clearly understand the likely outcome of petition challenging the CAA(citizenship amendment act) in court of law.The chakma people of Bangladesh entered India particularly Assam and Tripura. 4012 of them were sent to Arunanchal Pradesh (then NEFA). The population increased to 65000 at the time of the petition.Some important points in the judgement were:There can be no threat of violence and forceful expulsion irrespective of their Citizenship status.They remained there for about three decades and have become a part of culture and life of the region. This should be considered while deciding citizenship.The issue of citizenship should be decided on the basis of procedure established by law. No one can be estranged from their right to life and liberty solely on the basis of political situations in the region.All members of chakma community were allowed to make petition before the appropriate authority for citizenship and while the pendency of this application no person will be expelled from the state.Constitutional validity of Citizenship Amendment Act 2019?Article 14 of Indian allows reasonable classification for equal protection by law. The legislation so enacted must serve the purpose for which the classification is done while at the same time ensuring that classification is itself reasonable.Central government has authority to deal with citizenship issues. It's the sovereign right of the state. Now Indian government has full authority to decide whom to grant Indian Citizenship.But it cannot take away the Citizenship of Indian citizens at whims.Here the government is just trying to expand the criteria to citizenship by naturalisation. Which is totally it's prerogative. So the act is very unlikely to be held violative of Article 14 of Indian Constitution.But when it comes to Indian preamble the situation is different.Preamble clearly states that India is secular state and time and again Supreme Court has held that preamble is the guiding principle for all government policy and action.Based on leading case like kesavanda Bharati[2][2][2][2] preamble is part of the Indian Constitution. But at the same time it was remarked that it is niether a source of power nor a source of limitation.So the only point where this law may face judicial scrutiny is that it is not in conformity with secular nature of Indian state. Though preamble itself is amenable and the term secular was added through 42nd constitutional amendment.Possible outcomes of petition challenging the lawCourt finds the act violating the secular nature of Indian state. In this case the act may be unconstitutional. But remember that Indian government is not disturbing the Citizenship status of it's recognised citizens. It is just expanding it to protect the refugees persecuted in neighboring Islamic states.In case the court finds the act constitutional then also it will ensure the right to life and liberty of all illegal immigrants. Court will ensure that all immigrants are given a chance to apply for citizenship irrespective of their religion. Those who have lived for decades are unlikely to be rejected for citizenship irrespective of their religion.I will also like to remark that I am unable to understand the violence in various parts of India (other than North East). Everyone is free to file a petition. One has already been filed.North East regions are directly influenced and this issue has been a part of their local politics for a long time.Others should have exercised restraint by not resorting to violence. Exercise your legal right rather than disturbing law and order.Those people who have no legal knowledge are acting like legal experts.If anyone has doubt with respect to the above tweets please read this article Does police need permission to enter premises of educational institutions such as JNU? by famous quoran Mr Ashok Dhamija.If everyone is so assured about the unconstitutionality of the act then why resort to violence in your own country?[3][3][3][3]Thanks for A2A.Footnotes[1] National Human Rights Commission vs State Of Arunachal Pradesh & Anr on 9 January, 1996[1] National Human Rights Commission vs State Of Arunachal Pradesh & Anr on 9 January, 1996[1] National Human Rights Commission vs State Of Arunachal Pradesh & Anr on 9 January, 1996[1] National Human Rights Commission vs State Of Arunachal Pradesh & Anr on 9 January, 1996[2] Kesavananda Bharati ... vs State Of Kerala And Anr on 24 April, 1973[2] Kesavananda Bharati ... vs State Of Kerala And Anr on 24 April, 1973[2] Kesavananda Bharati ... vs State Of Kerala And Anr on 24 April, 1973[2] Kesavananda Bharati ... vs State Of Kerala And Anr on 24 April, 1973[3] Rioting must stop: CJI Bobde issues stern warning to Jamia students, SC to hear case tomorrow[3] Rioting must stop: CJI Bobde issues stern warning to Jamia students, SC to hear case tomorrow[3] Rioting must stop: CJI Bobde issues stern warning to Jamia students, SC to hear case tomorrow[3] Rioting must stop: CJI Bobde issues stern warning to Jamia students, SC to hear case tomorrow
Why should a person spend 20 years imprisoned in China for wanting the end of one-party rule?
In a 1988 interview with Hong Kong’s Liberation Monthly (now known as Open Magazine), Liu was asked what it would take for China to realize a true historical transformation. He replied: “[It would take] 300 years of colonialism. In 100 years of colonialism, Hong Kong has changed to what we see today. With China being so big, of course it would require 300 years as a colony for it to be able to transform into how Hong Kong is today. I have my doubts as to whether 300 years would be enough.” Since colonization had recently killed millions of Chinese and plunged the country into a century of poverty and despair, ordinary Chinese were outraged by Liu’s statement so Chinese police asked him if he were planning to restore colonization and, when he said, “No,” they took no action.Liu once stated in an interview: “Modernization means whole-sale westernization, choosing a human life is choosing Western way of life. Difference between Western and Chinese governing system is humane vs in-humane, there’s no middle ground… Westernization is not a choice of a nation, but a choice for the human race”In 1989, Liu flew back from Columbia University to lead the Tiananmen demonstrations. He was subsequently detained for 18 months before his trial but the judge released him for time served on the grounds that he had encouraged students to leave the Square peacefully.In 1995, the police took Liu into custody for launching a petition campaign on the eve of the sixth anniversary of the Tiananmen incident, calling on the government to reassess the event and to initiate political reform. He was sentenced to stay home and watch TV for nine months.In 1996, he was released in February but arrested again in October for the October Tenth Declaration on cross-Straits policy, which he co-authored with prominent dissident, Wang Xizhe. He was ordered to serve three years of re-education through labor "for disturbing public order”.In 2004 Liuhepublished an article in support of Bush’s war on Iraq, titled “Victory to the Anglo-American Freedom Alliance”, in which he praised the U.S.-led post-Cold War conflicts as “best examples of how war should be conducted in a modern civilization.” He wrote “regardless of the savagery of the terrorists, and regardless of the instability of Iraq’s situation, and, what’s more, regardless of how patriotic youth might despise proponents of the United States such as myself, my support for the invasion of Iraq will not waver. Just as, from the beginning, I believed that the military intervention of Britain and the United States would be victorious, I am still full of belief in the final victory of the Freedom Alliance and the democratic future of Iraq, and even if the armed forces of Britain and the United States should encounter some obstacles such as those that they are currently facing, this belief of mine will not change.” He predicted “a free, democratic and peaceful Iraq will emerge.”During the 2004 US presidential election, Liu again praised Bush for his war effort against Iraq and condemned Democratic Party candidate John Kerry for not sufficiently supporting the wars in which the U.S. was then involved. He commented on Islamism that, “a culture and (religious) system that produced this kind of threat (Islamic fundamentalism), must be extremely intolerant and blood-thirsty.”In 2008, on the eve of the Beijing Olympics, he wrote and publicly circulated a document, Charter ’08, calling for China to adopt a Western political system, a free market, transfer of state-owned enterprises to private ownership and privatize all land–policies that ruined Russia and is currently ruining the USA. Liu had timed his campaign to coincide with Uyghur and Tibetan rioters who murdered hundreds and the U.S. Government-sponsored NGO, Reporters Without Borders urged a boycott of the Olympics because of ‘brutal repression’ (despite a notable absence of government brutality).In 2009, investigators discovered that Liu had been secretly receiving money from the U.S. Government and prosecutors charged him with being an undeclared, paid agent of a hostile foreign power attempting to subvert and overthrow the government under a statute similar to the U.S. Foreign Agents Registration Act, FARA (22 U.S.C. § 611 et seq.)Liu pled ‘freedom of expression’ but was judged to be a clear and present danger and also adjudged to be unrepentant, so he was sentenced to 11 years. Even under US law (Schenck v. United States) political speech can be reasonably limited if the government deems it ‘clear and present danger’.Liu had also failed to declare his income for tax purposes. Here is a record of his payments from the US Government’s National Endowment for Democracy* to Minzhu Zhongguo, Democratic China, Inc., which Liu founded. In 1991, Allen Weinstein, who helped draft the legislation establishing National Endowment for Democracy (NED), candidly said: "A lot of what we do today was done covertly 25 years ago by the CIA". In effect, the CIA launders money through NED. (The Washington Post, Sept. 22, 1991). Western media simply reported that Professor Liu was an innocent man fighting for democracy. More on the Western media coordinated narrative here.2005: $136,0002006: $136,0002007: $145,0002008: $150,0002009: $195,000 + $18,000 (supplement): $213,0002010: $220,000Total sum from NED to Democratic China, Inc., $1,000,000Mr. Liu received additional money from NED for being the president of Independent Chinese PEN Centre, Inc.:2005: $99,5002006: $135,0002007: $135,0002008: $152,3502009: $152,9502010: $170,000NED payments for «Independent Chinese PEN Centre, Inc.»: US $844,800. Professor Liu’s total receipts from NED: US$1,844,800, about 14 million yuan.* The United States is not a democracy and has never been. It is a republic, to which American schoolchildren swear allegiance every day. There is no mention of ‘democracy’ in America’s constitutional documents. America’s Founding Fathers hated democracy. Democracy is an export–like opium in the 19th century–and is not consumed domestically.P.S. Charter ’08 is a rather simple-minded mishmash of popular ‘democratic’ ideals. There have been much more radical documents published and circulated in China for decades. Liu’s mistake was sending it for signatures when he was secretly being paid to do so by a hostile foreign power.This translation was done for the New York Review of Books by Perry Link, who knew some of its authors, so we can take it as being authentic.CHARTER ‘08I. FOREWORDA hundred years have passed since the writing of China’s first constitution. 2008 also marks the sixtieth anniversary of the promulgation of the Universal Declaration of Human Rights, the thirtieth anniversary of the appearance of the Democracy Wall in Beijing, and the tenth of China’s signing of the International Covenant on Civil and Political Rights. We are approaching the twentieth anniversary of the 1989 Tiananmen massacre of pro-democracy student protesters. The Chinese people, who have endured human rights disasters and uncountable struggles across these same years, now include many who see clearly that freedom, equality, and human rights are universal values of humankind and that democracy and constitutional government are the fundamental framework for protecting these values.By departing from these values, the Chinese government’s approach to “modernization” has proven disastrous. It has stripped people of their rights, destroyed their dignity, and corrupted normal human intercourse. So we ask: Where is China headed in the twenty-first century? Will it continue with “modernization” under authoritarian rule, or will it embrace universal human values, join the mainstream of civilized nations, and build a democratic system? There can be no avoiding these questions.The shock of the Western impact upon China in the nineteenth century laid bare a decadent authoritarian system and marked the beginning of what is often called “the greatest changes in thousands of years” for China. A “self-strengthening movement” followed, but this aimed simply at appropriating the technology to build gunboats and other Western material objects. China’s humiliating naval defeat at the hands of Japan in 1895 only confirmed the obsolescence of China’s system of government. The first attempts at modern political change came with the ill-fated summer of reforms in 1898, but these were cruelly crushed by ultraconservatives at China’s imperial court. With the revolution of 1911, which inaugurated Asia’s first republic, the authoritarian imperial system that had lasted for centuries was finally supposed to have been laid to rest. But social conflict inside our country and external pressures were to prevent it; China fell into a patchwork of warlord fiefdoms and the new republic became a fleeting dream.The failure of both “self- strengthening” and political renovation caused many of our forebears to reflect deeply on whether a “cultural illness” was afflicting our country. This mood gave rise, during the May Fourth Movement of the late 1910s, to the championing of “science and democracy.” Yet that effort, too, foundered as warlord chaos persisted and the Japanese invasion [beginning in Manchuria in 1931] brought national crisis.Victory over Japan in 1945 offered one more chance for China to move toward modern government, but the Communist defeat of the Nationalists in the civil war thrust the nation into the abyss of totalitarianism. The “new China” that emerged in 1949 proclaimed that “the people are sovereign” but in fact set up a system in which “the Party is all-powerful.” The Communist Party of China seized control of all organs of the state and all political, economic, and social resources, and, using these, has produced a long trail of human rights disasters, including, among many others, the Anti-Rightist Campaign (1957), the Great Leap Forward (1958–1960), the Cultural Revolution (1966–1969), the June Fourth [Tiananmen Square] Massacre (1989), and the current repression of all unauthorized religions and the suppression of the weiquan rights movement [a movement that aims to defend citizens’ rights promulgated in the Chinese Constitution and to fight for human rights recognized by international conventions that the Chinese government has signed]. During all this, the Chinese people have paid a gargantuan price. Tens of millions have lost their lives, and several generations have seen their freedom, their happiness, and their human dignity cruelly trampled.During the last two decades of the twentieth century the government policy of “Reform and Opening” gave the Chinese people relief from the pervasive poverty and totalitarianism of the Mao Zedong era, and brought substantial increases in the wealth and living standards of many Chinese as well as a partial restoration of economic freedom and economic rights. Civil society began to grow, and popular calls for more rights and more political freedom have grown apace. As the ruling elite itself moved toward private ownership and the market economy, it began to shift from an outright rejection of “rights” to a partial acknowledgment of them.In 1998 the Chinese government signed two important international human rights conventions; in 2004 it amended its constitution to include the phrase “respect and protect human rights”; and this year, 2008, it has promised to promote a “national human rights action plan.” Unfortunately most of this political progress has extended no further than the paper on which it is written. The political reality, which is plain for anyone to see, is that China has many laws but no rule of law; it has a constitution but no constitutional government. The ruling elite continues to cling to its authoritarian power and fights off any move toward political change.The stultifying results are endemic official corruption, an undermining of the rule of law, weak human rights, decay in public ethics, crony capitalism, growing inequality between the wealthy and the poor, pillage of the natural environment as well as of the human and historical environments, and the exacerbation of a long list of social conflicts, especially, in recent times, a sharpening animosity between officials and ordinary people.As these conflicts and crises grow ever more intense, and as the ruling elite continues with impunity to crush and to strip away the rights of citizens to freedom, to property, and to the pursuit of happiness, we see the powerless in our society—the vulnerable groups, the people who have been suppressed and monitored, who have suffered cruelty and even torture, and who have had no adequate avenues for their protests, no courts to hear their pleas—becoming more militant and raising the possibility of a violent conflict of disastrous proportions. The decline of the current system has reached the point where change is no longer optional.II. OUR FUNDAMENTAL PRINCIPLESThis is a historic moment for China, and our future hangs in the balance. In reviewing the political modernization process of the past hundred years or more, we reiterate and endorse basic universal values as follows:Freedom. Freedom is at the core of universal human values. Freedom of speech, freedom of the press, freedom of assembly, freedom of association, freedom in where to live, and the freedoms to strike, to demonstrate, and to protest, among others, are the forms that freedom takes. Without freedom, China will always remain far from civilized ideals.Human rights. Human rights are not bestowed by a state. Every person is born with inherent rights to dignity and freedom. The government exists for the protection of the human rights of its citizens. The exercise of state power must be authorized by the people. The succession of political disasters in China’s recent history is a direct consequence of the ruling regime’s disregard for human rights.Equality. The integrity, dignity, and freedom of every person—regardless of social station, occupation, sex, economic condition, ethnicity, skin color, religion, or political belief—are the same as those of any other. Principles of equality before the law and equality of social, economic, cultural, civil, and political rights must be upheld.Republicanism. Republicanism, which holds that power should be balanced among different branches of government and competing interests should be served, resembles the traditional Chinese political ideal of “fairness in all under heaven.” It allows different interest groups and social assemblies, and people with a variety of cultures and beliefs, to exercise democratic self-government and to deliberate in order to reach peaceful resolution of public questions on a basis of equal access to government and free and fair competition.Democracy. The most fundamental principles of democracy are that the people are sovereign and the people select their government. Democracy has these characteristics: (1) Political power begins with the people and the legitimacy of a regime derives from the people. (2) Political power is exercised through choices that the people make. (3) The holders of major official posts in government at all levels are determined through periodic competitive elections. (4) While honoring the will of the majority, the fundamental dignity, freedom, and human rights of minorities are protected. In short, democracy is a modern means for achieving government truly “of the people, by the people, and for the people.”Constitutional rule. Constitutional rule is rule through a legal system and legal regulations to implement principles that are spelled out in a constitution. It means protecting the freedom and the rights of citizens, limiting and defining the scope of legitimate government power, and providing the administrative apparatus necessary to serve these ends.III. WHAT WE ADVOCATEAuthoritarianism is in general decline throughout the world; in China, too, the era of emperors and overlords is on the way out. The time is arriving everywhere for citizens to be masters of states. For China the path that leads out of our current predicament is to divest ourselves of the authoritarian notion of reliance on an “enlightened overlord” or an “honest official” and to turn instead toward a system of liberties, democracy, and the rule of law, and toward fostering the consciousness of modern citizens who see rights as fundamental and participation as a duty. Accordingly, and in a spirit of this duty as responsible and constructive citizens, we offer the following recommendations on national governance, citizens’ rights, and social development:1. A New Constitution. We should recast our present constitution, rescinding its provisions that contradict the principle that sovereignty resides with the people and turning it into a document that genuinely guarantees human rights, authorizes the exercise of public power, and serves as the legal underpinning of China’s democratization. The constitution must be the highest law in the land, beyond violation by any individual, group, or political party.2. Separation of Powers. We should construct a modern government in which the separation of legislative, judicial, and executive power is guaranteed. We need an Administrative Law that defines the scope of government responsibility and prevents abuse of administrative power. Government should be responsible to taxpayers. Division of power between provincial governments and the central government should adhere to the principle that central powers are only those specifically granted by the constitution and all other powers belong to the local governments.3. Legislative Democracy. Members of legislative bodies at all levels should be chosen by direct election, and legislative democracy should observe just and impartial principles.4. An Independent Judiciary. The rule of law must be above the interests of any particular political party and judges must be independent. We need to establish a constitutional supreme court and institute procedures for constitutional review. As soon as possible, we should abolish all of the Committees on Political and Legal Affairs that now allow Communist Party officials at every level to decide politically sensitive cases in advance and out of court. We should strictly forbid the use of public offices for private purposes.5. Public Control of Public Servants. The military should be made answerable to the national government, not to a political party, and should be made more professional. Military personnel should swear allegiance to the constitution and remain nonpartisan. Political party organizations must be prohibited in the military. All public officials including police should serve as nonpartisans, and the current practice of favoring one political party in the hiring of public servants must end.6. Guarantee of Human Rights. There must be strict guarantees of human rights and respect for human dignity. There should be a Human Rights Committee, responsible to the highest legislative body, that will prevent the government from abusing public power in violation of human rights. A democratic and constitutional China especially must guarantee the personal freedom of citizens. No one should suffer illegal arrest, detention, arraignment, interrogation, or punishment. The system of “Reeducation through Labor” must be abolished.7. Election of Public Officials. There should be a comprehensive system of democratic elections based on “one person, one vote.” The direct election of administrative heads at the levels of county, city, province, and nation should be systematically implemented. The rights to hold periodic free elections and to participate in them as a citizen are inalienable.8. Rural–Urban Equality. The two-tier household registry system must be abolished. This system favors urban residents and harms rural residents. We should establish instead a system that gives every citizen the same constitutional rights and the same freedom to choose where to live.9. Freedom to Form Groups. The right of citizens to form groups must be guaranteed. The current system for registering nongovernment groups, which requires a group to be “approved,” should be replaced by a system in which a group simply registers itself. The formation of political parties should be governed by the constitution and the laws, which means that we must abolish the special privilege of one party to monopolize power and must guarantee principles of free and fair competition among political parties.10. Freedom to Assemble. The constitution provides that peaceful assembly, demonstration, protest, and freedom of expression are fundamental rights of a citizen. The ruling party and the government must not be permitted to subject these to illegal interference or unconstitutional obstruction.11. Freedom of Expression. We should make freedom of speech, freedom of the press, and academic freedom universal, thereby guaranteeing that citizens can be informed and can exercise their right of political supervision. These freedoms should be upheld by a Press Law that abolishes political restrictions on the press. The provision in the current Criminal Law that refers to “the crime of incitement to subvert state power” must be abolished. We should end the practice of viewing words as crimes.12. Freedom of Religion. We must guarantee freedom of religion and belief, and institute a separation of religion and state. There must be no governmental interference in peaceful religious activities. We should abolish any laws, regulations, or local rules that limit or suppress the religious freedom of citizens. We should abolish the current system that requires religious groups (and their places of worship) to get official approval in advance and substitute for it a system in which registry is optional and, for those who choose to register, automatic.13. Civic Education. In our schools we should abolish political curriculums and examinations that are designed to indoctrinate students in state ideology and to instill support for the rule of one party. We should replace them with civic education that advances universal values and citizens’ rights, fosters civic consciousness, and promotes civic virtues that serve society.14. Protection of Private Property. We should establish and protect the right to private property and promote an economic system of free and fair markets. We should do away with government monopolies in commerce and industry and guarantee the freedom to start new enterprises. We should establish a Committee on State-Owned Property, reporting to the national legislature, that will monitor the transfer of state-owned enterprises to private ownership in a fair, competitive, and orderly manner. We should institute a land reform that promotes private ownership of land, guarantees the right to buy and sell land, and allows the true value of private property to be adequately reflected in the market.15. Financial and Tax Reform. We should establish a democratically regulated and accountable system of public finance that ensures the protection of taxpayer rights and that operates through legal procedures. We need a system by which public revenues that belong to a certain level of government—central, provincial, county or local—are controlled at that level. We need major tax reform that will abolish any unfair taxes, simplify the tax system, and spread the tax burden fairly. Government officials should not be able to raise taxes, or institute new ones, without public deliberation and the approval of a democratic assembly. We should reform the ownership system in order to encourage competition among a wider variety of market participants.16. Social Security. We should establish a fair and adequate social security system that covers all citizens and ensures basic access to education, health care, retirement security, and employment.17. Protection of the Environment. We need to protect the natural environment and to promote development in a way that is sustainable and responsible to our descendants and to the rest of humanity. This means insisting that the state and its officials at all levels not only do what they must do to achieve these goals, but also accept the supervision and participation of nongovernmental organizations.18. A Federated Republic. A democratic China should seek to act as a responsible major power contributing toward peace and development in the Asian Pacific region by approaching others in a spirit of equality and fairness. In Hong Kong and Macao, we should support the freedoms that already exist. With respect to Taiwan, we should declare our commitment to the principles of freedom and democracy and then, negotiating as equals and ready to compromise, seek a formula for peaceful unification. We should approach disputes in the national-minority areas of China with an open mind, seeking ways to find a workable framework within which all ethnic and religious groups can flourish. We should aim ultimately at a federation of democratic communities of China.19. Truth in Reconciliation. We should restore the reputations of all people, including their family members, who suffered political stigma in the political campaigns of the past or who have been labeled as criminals because of their thought, speech, or faith. The state should pay reparations to these people. All political prisoners and prisoners of conscience must be released. There should be a Truth Investigation Commission charged with finding the facts about past injustices and atrocities, determining responsibility for them, upholding justice, and, on these bases, seeking social reconciliation.China, as a major nation of the world, as one of five permanent members of the United Nations Security Council, and as a member of the UN Council on Human Rights, should be contributing to peace for humankind and progress toward human rights. Unfortunately, we stand today as the only country among the major nations that remains mired in authoritarian politics. Our political system continues to produce human rights disasters and social crises, thereby not only constricting China’s own development but also limiting the progress of all of human civilization. This must change, truly it must. The democratization of Chinese politics can be put off no longer.Accordingly, we dare to put civic spirit into practice by announcing Charter 08. We hope that our fellow citizens who feel a similar sense of crisis, responsibility, and mission, whether they are inside the government or not, and regardless of their social status, will set aside small differences to embrace the broad goals of this citizens’ movement. Together we can work for major changes in Chinese society and for the rapid establishment of a free, democratic, and constitutional country. We can bring to reality the goals and ideals that our people have incessantly been seeking for more than a hundred years, and can bring a brilliant new chapter to Chinese civilization.—Translated from the Chinese by Perry Link
What are human rights in India?
Real human rights education is not much prevalent among the mass. As regards Human Rights every country claims that human rights position in their country is extremely good, at least under control, but such statements only help those who unduly exploit humans to greatest of extents. The benefit to humanity is regressive which such approach, hence human rights exponents have to first pledge that they will not give in to hypocrisy as this stance cultivates more violation of human rights by the corrupt, and makes the victims lead lives same way being victims forever. As so much harm is caused by such approach, then India will gain only when its facts are brought to light. If everything is good then no efforts will be made to make it good and humanity will keep suffering.It is to be noted there are 2 types of human rights violations:-i. Direct violationsii. Organised violationsFactual Analysis of Human Rights in IndiaThe grand declaration by the member countries of the United Nations is a protocol to be followed by all nations which are signatory to the treaty. Similarly India is signatory to economic treaties as well and borrows from the World Bank and the allied institutions but the benefit really does not go to the mass. A statement by former Prime Minister Mr. Rajiv Gandhi that they send 1 rupee and only 10 paise reach the beneficiaries. The matter is not that grave but is lucid to understand if basic human level intelligence is possessed as those cited in the business blog section of internet web domain seller and renting business portal with business advisory engaged in domain sale. This blog section of web portal cites several wisdom topics that enables us to understand our true human potential. Now further, as there can be no rights without livelihood and as deprivation and sufferings of all sorts are caused due to it and all dignity also goes at stake, the biggest violation of human rights in India is encroachment of right to life and liberty by encroaching the economy or livelihood of Indians. Very clearly we see suicide by farmers, labourers, traders and the biggest cause of it as assessed by LACOP (Legal Action Committee Of the People) is corruption in Public Sector Banks where their relevant staff never lend without bribe and hence a major portion of borrowings go into the coffers of bank babus and only a portion of credit is availed by farmers. Now they have to repay full principal but get only a part of it to generate yield. Now again, the interest is not to be paid for what the farmers get but have to be paid for the entire principal. Now under such circumstances the borrowings of farmers are naturally bound to turn NPAs and hence such situation.No prosecution of bank babus at all is the scenario that yet makes them neat and clean in the entire world. On the contrary, if anybody claims against the corrupt bank babus they are implicated in fabricated cases by them, and with the power and approaches of the corrupt, potential borrowers seek immediate survival rather than livelihood. For genuine borrowers it is impossible to borrow from banks as Public Sector Bank babus have contaminated the environment for the private sector banks as well. That is why even in this modern era, Islamic finance is liked by many individuals and entities, and can be considered as a solution to several atrocities.Indian agricultural minister in the NDA regime once said that farmers commit suicide due to their impotence and failed relationships, and as evidence he cited NCRB (National Crime Records Bureau) reports. NCRB reports are prepared by Indian humans who must abide by the mighty and powerful corrupt. No FIR is even registered under any circumstances as bank babu lobby is most wealthy and powerful owing to its wealth and with the secrecy of bank records of other powerful vesting with them. Now when the right thing is not brought to records it will never appear there, besides whatever is intended to be brought into records will be there. The factual condition in India is such and several small scale entrepreneurs tried to prosecute such bank babus but of no avail and were forced to live a sub-standard life with indignity. Again, the Hon’ble Supreme Court of India expressed grief on farmers suicide but when no preventive and penal bid is made things will continue the same dismal way with regime support with hot money influence created by such bank babus.Similar is the situation for women rights. Nirbhaya fund was created by the Indian government but was left un-utilized and gradually small amounts were spent after supreme court’s rebuking. The money not spent for women protection hence women related crimes graph grew. It is obvious that if funds were spent promptly, more funds would be sought and this would cast burden on the government coffers which were in need of more money than ever as NPAs were created by public sector bank babus and the banks have to be bailed out as they are being done.When there are no proper livelihood opportunities for the people, naturally crime graph will grow.Human Rights AssociationA few genuine human rights associations are working in this regard but the power of the corrupt is greater than anyone in India itself, their report on human rights reveal all. Aliens seek no chance to bother. The first Human Rights Association is Asia founded by former President of India Late Giani Zail Singh is still working internationally, but one is not enough for a huge country like India where the actual population is expected to be around 3000 millions by shrewd estimate of LACOP. Also deduced, that data fudging is the work of intelligence for reasons whatsoever.Human Rights CommissionNow, as Human Rights Commission of India which is also Indian representation of the International Human Rights Commission, does not practically recognize economic rights of humans such as livelihood as their rights, on which all of their human rights are possible, and any complaints against bank babus corruption and encroaching livelihood is not entertained by them. At some point of time in the past, even when the commission issued any orders to some authority clearly stating that it does not want any report back, now it is obvious no action will be taken on such order as only the complainant has to be informed. Complainant is already victimized, and if they could get order of the commission executed by themselves, they would better get laws of land executed which are more powerful while the commission has no effective power and is often known as “toothless tiger”.Now regarding orders, if the complainant wants information under their right to information which is also a constitutional fundamental right of Indians they are always unwilling to forward RTI petitions to the relevant authority u/s 6/3 of the RTI Act 2005 to who the order was made, despite RTI appeal. This obviously protects the corrupt, now who will take care of Indian human rights can best known to all.Now again, complaints made against big business houses, like big national retailer, vanish despite getting listed and registration number issued. Under exemplary analysis it happened on the complaint of Mr. Hussain Ahmad of LACOP. This is the condition of NHRC, India. This happens as the cult has been made as such and as economy is dismal the outcome everywhere is bound to be dismal.
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