I. INTRODUCTION: = 1
II. INDIA'S NHRC: THE BEST CASE IS QUITE WORSE = 5
a) Flaws in Functioning = 7
i. NHRC endangers those who cooperate with it = 8
Harassment of Asian Centre for Human Rights = 9
ii. Unfair determination processes and bias towards the State = 11
The denial of opportunity to examine the records to the CCRCAP = 12
iii. Be your own judge and jury: Investigation processes of the NHRC = 15
iv. Lack of transparency = 17
v. Inordinate delay in handling cases = 17
b) Flaws in the Law:
Lack of jurisdiction over the army = 20
Case 1: Silence on the killing of Thangjam Manorama Devi in July 2004 = 22
Case 2: Impunity for Bijbehara killings = 26
c) Bad clone: Manipur State Human Rights Commission = 29
III. CONFLICT AND COUNTERING TERRORISM: ECONOMIC, SOCIAL AND CULTURAL RIGHTS = 37
a) The role of NHRIs = 38
b) The right to education = 40
i) Availability and accessibility = 41
Sri Lanka = 41
India = 42
Indonesia: = 43
ii) Acceptability and Adaptability = 44
Thailand = 44
c) The right to health = 45
i. Ban on treatment to wounded: Violation of humanitarian laws = 48
ii. The right to health care of the detainees = 49
iii. Post Stress Traumatic Disorder = 50
iv. Embargo on medicines = 50
d) The right to food = 51
i. A case study of discrimination in India: The failure of the India's NHRC = 51
ii. Imposition of food blockade = 54
e) Housing rights and forced evictions = 55
i. Destruction of the houses = 59
ii Occupation of lands and houses for military purposes: = 61
IV. MIGRATION IN THE CONTEXT OF THE CONFLICT AND TERRORISM = 63
a) Problems of Semantics = 63
b) Refugees and the Role of NHRIs = 65
i. Detention of asylum seekers and determination of refugee status = 65
ii. Prevention of refoulement = 67
Refoulement of refugees from Achenese = 68
Refoulement of Montagnard refugees from Cambodia = 69
Refoulement of Tibetan refugees from Nepal = 71
Handing over of alleged Maoists by the government of India = 72
iii. Role after refoulement = 74
Deported Acehnese refugees = 74
Deported Sri Lankan Tamil refugees = 75
iv. Providing equal access to humanitarian assistance without discrimination = 82
ENDNOTES = 86
II. INDIA'S NHRC: THE BEST CASE IS QUITE WORSE = 5
a) Flaws in Functioning = 7
i. NHRC endangers those who cooperate with it = 8
Harassment of Asian Centre for Human Rights = 9
ii. Unfair determination processes and bias towards the State = 11
The denial of opportunity to examine the records to the CCRCAP = 12
iii. Be your own judge and jury: Investigation processes of the NHRC = 15
iv. Lack of transparency = 17
v. Inordinate delay in handling cases = 17
b) Flaws in the Law:
Lack of jurisdiction over the army = 20
Case 1: Silence on the killing of Thangjam Manorama Devi in July 2004 = 22
Case 2: Impunity for Bijbehara killings = 26
c) Bad clone: Manipur State Human Rights Commission = 29
III. CONFLICT AND COUNTERING TERRORISM: ECONOMIC, SOCIAL AND CULTURAL RIGHTS = 37
a) The role of NHRIs = 38
b) The right to education = 40
i) Availability and accessibility = 41
Sri Lanka = 41
India = 42
Indonesia: = 43
ii) Acceptability and Adaptability = 44
Thailand = 44
c) The right to health = 45
i. Ban on treatment to wounded: Violation of humanitarian laws = 48
ii. The right to health care of the detainees = 49
iii. Post Stress Traumatic Disorder = 50
iv. Embargo on medicines = 50
d) The right to food = 51
i. A case study of discrimination in India: The failure of the India's NHRC = 51
ii. Imposition of food blockade = 54
e) Housing rights and forced evictions = 55
i. Destruction of the houses = 59
ii Occupation of lands and houses for military purposes: = 61
IV. MIGRATION IN THE CONTEXT OF THE CONFLICT AND TERRORISM = 63
a) Problems of Semantics = 63
b) Refugees and the Role of NHRIs = 65
i. Detention of asylum seekers and determination of refugee status = 65
ii. Prevention of refoulement = 67
Refoulement of refugees from Achenese = 68
Refoulement of Montagnard refugees from Cambodia = 69
Refoulement of Tibetan refugees from Nepal = 71
Handing over of alleged Maoists by the government of India = 72
iii. Role after refoulement = 74
Deported Acehnese refugees = 74
Deported Sri Lankan Tamil refugees = 75
iv. Providing equal access to humanitarian assistance without discrimination = 82
ENDNOTES = 86