A/HRC/16/53/Add.1
(b)
Responses from the Government dated 8 April 2010
162. In its letter of 8 April 2010, the Government of India informed that it regards the
communication of 20 January 2005 outside the purview of the Special Rapporteur on
freedom of religion or belief. Nevertheless, the Government of India has examined the
communication and conveyed that, in the wake of the tsunami disaster, relief and
rehabilitation measures were carried out in a transparent, equitable, unbiased and nondiscriminatory manner. According to the Government of India, special response teams were
constituted, headed by senior officials of the Government who personally visited the
habitations of the affected communities, to ensure that all individuals, regardless of the
section of society to which they belonged, were included in the list of those entitled to
immediate relief and rehabilitation.
(c)
Observations by the Special Rapporteur
163. The Special Rapporteur is grateful that the Government of India replied by letter of
8 April 2010 to the communication of 20 January 2005.
164. According to Commission on Human Rights resolution 1986/20 and Human Rights
Council resolution 6/37, the Special Rapporteur’s mandate includes the examination of
“incidents and governmental actions that are incompatible with the provisions of the
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief and to recommend remedial measures as appropriate”. He would also
like refer to the Special Rapporteur’s country report on India, in which his predecessor
addressed the situation of Dalits and the links between Scheduled Caste status and the
individual’s religious affiliation (see A/HRC/10/8/Add.3, paras. 11-12, 18-19, 27-28 and
71).
2.
(a)
Communication sent on 28 September 2010 jointly with the Special Rapporteur on the
right of everyone to the enjoyment of the highest attainable standard of physical and
mental health and the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment
Allegations transmitted to the Government
165. The Special Procedures mandate holders brought to the attention of the Government
information regarding the situation of 65 Pakistani members of the Mehdi Foundation
International (MFI) who are currently detained in Central Jail Tihar, New Delhi, India.
Their case has been subject of an urgent appeal sent jointly by the Special Rapporteur on
freedom of religion or belief and the Special Rapporteur on the question of torture on 26
September 2007 (see A/HRC/7/10/Add.1, paras. 100-104 and a summary of the
Government’s response of 12 February 2009 in A/HRC/13/40/Add.1, para. 101).
166. According to new information received, since their arrival in Central Jail Tihar in
April 2007, five female MFI members who were pregnant at the time of their arrest have
given birth to five children. Reportedly, medical staff treated the pregnant MFI women
inhumanly and slapped their faces during delivery. After delivery, no food or medication
was given to the women for the next two days, while in the hospital food is usually served
two times a day. Sanitary pads were not provided after delivery. One MFI woman was not
administered stitches correctly and subsequently new stitches were readministered without
any local anesthetic. During a medical checkup in Deen Dayal Hospital, it was found that
two of the MFI women have cysts in their ovaries. While surgery was recommended, the
Senior Medical Officer refused this, reportedly stating that “You take care of it at your own
expense outside after your jail term.”
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