Modi’s India triggers hate with punitive house demolitions of dissidents

Indian government led by BJB’s Modi has waged a war against people of dissent from the Muslims minority community— 204 million—for protesting on the insulting remarks against Prophet Muhammad (SAW).

The government of India despite being taking credit of world largest democracy, have been taking number of measures violating the rights of its own citizens and treating them as if they are the ‘children of lesser God’.

Authorities in India’s northern state of Uttar Pradesh demolished the homes of several Muslim people over the weekend for being allegedly involved in riots that were triggered by derogatory remarks made against prophet Muhammad. Muslims across the country have taken to the streets to protest the remarks

Protests erupted in Allahabad, Bareiley and other Muslim dominant cities but Indian government despite talking to the protesters, they lodged over 300 FIRs and started demolition their houses in the so-called excuse of ‘illegal properties’.

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Following are the violations Modi government has been taking against its own Constitution of India and international ratifications:

Punitive house demolitions: Administratively approved demolitions without proper court proceedings, forced eviction of innocent people from their homes, and the destruction of their private property as collective punishment for the alleged ‘crimes’ of others.

Right of Housing – International Human Rights: Article 25 of the Universal Declaration of Human Rights (UDHR) –everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care.

Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) –  everyone has the right to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. Countries are under an obligation to take appropriate steps to ensure the realisation of these rights such as the right to adequate housing.

Protection of Private Property – International Human Rights

Article 17(2) of the Universal Declaration of Human Rights (UDHR) – no one shall be arbitrarily deprived of his property.

Article 8 of the European Convention on Human Rights – right to respect for private and family life, home and correspondence.

Article 17 of the International Covenant on Civil and Political Rights (ICCPR) – everyone has the right to own property alone as well as in association with others and that no one shall be arbitrarily deprived of his property.

Protection against Cruel, Inhuman, Degrading, Treatment and Punishment – International Human Rights

Article 16 of the Convention Against Torture – prohibits purely punitive demolitions.

Article 5 of the Universal Declaration of Human Rights (UDHR) – prohibits torture or cruel, inhuman or degrading treatment or punishment.

Requirement to Follow Due Process of Law – International Human Rights Law

Article 11 of the Universal Declaration of Human Rights (UDHR) – everyone charged with a penal offence has the right to be presumed innocent until proven guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

Article 14(2) of the International Covenant on Civil and Political Rights (ICCPR): right to presumption of innocence until proven guilty.

 

Prohibition during armed conflict

Protection of Private Property even in Occupied Territories – International Humanitarian Law

Status Quo: Article 43 of The Hague Regulations – the occupying force is obliged to maintain the status quo ante bellum of the territory.

Minimum Humanitarian Guarantees: Article 64 of the Fourth Geneva Convention – occupying Power allowed to alter laws in the occupied territory that do not meet the minimum humanitarian guarantees advanced in the Geneva Conventions.

Protection of Private Property: Article 46 of The Hague Regulations – private property cannot be confiscated.

Prohibition of Destruction of Property: Article 53 of the Fourth Geneva Convention – the destruction of property of the occupied population is prohibited “except where such destruction is rendered absolutely necessary by military operations”.

Prohibition of Collective Punishment. Article 50 of The Hague Regulations. Article 33 of the Fourth Geneva Convention. Article 75 of Additional Protocol I. Customary international law. ICRC Commentaries to the Fourth Geneva Convention: penalties of any kind inflicted on persons or entire groups of persons in defiance of the most elementary principles of humanity, for acts that these persons have not committed