A/53/279
December 1992, negotiations were held between the
representatives of both communities to resolve the dispute.
However, no final agreement could be reached. The Supreme
Court judgement dated 24 October 1994 has also recognized
the role of negotiations and made relevant observations in this
regard.
Further, the Special Rapporteur may be interested to
note that the Central Bureau of Investigation (CBI), which had
been entrusted with the investigation into the offences
connected with the demolition of the disputed structure on 6
December 1992, has filed charge sheets against 49 persons.
The Special Judge (Ayodhya Issue) CBI, Lucknow passed a
detailed order on 9 September 1997 holding that there is a
prima facie case for charging the 49 accused persons of
commission of the offence of criminal conspiracy and other
offences. Thirty-three out of 49 accused have filed revision
petitions at the Lucknow Bench of the Allahabad High Court.
Hearing on these cases has started as of 20 January 1998 on
a day-to-day basis. In the meantime, the trial court has
directed the CBI to frame charge sheets by 29 January 1998.
Recommendations
Taking into account paragraph 94 of the report, “The
financial dependence of political and religious movements on
foreign countries is obviously fraught with consequences at
all levels”, the Special Rapporteur would appreciate if you
could indicate your comments as well as measures undertaken
and/or envisaged by your Government.
Comments and measures
The Foreign Contributions Regulation Act, 1976,
regulates the transfer of funds for social or religious
organizations. Organizations that wish to get contributions
from abroad have to register themselves and state the source
and purpose of these funds. Political parties are barred from
raising funds abroad. The real challenge, however, is the flow
of illegal funds. The problem of illegal money-laundering and
flow of funds for purposes such as terrorism and illicit drugs
has now become a global problem. In India also, illegal
channels have been used by many extremist organizations to
fund their activities from abroad. The Indian Government is
alive to this challenge. Greater vigilance to prevent such
illegal inflows is being exercised. Efforts are also under way
to update Indian legislation dealing with foreign exchange
flows so as to more effectively address these concerns. India
also intends to pursue cooperation with other countries and
relevant international organizations on different aspects of
money-laundering and illegal money flows.
Recommendations
Taking into account paragraph 95 of the report,
“Schools in particular should be protected against all forms
of political and ideological indoctrination”, the Special
Rapporteur would appreciate if you could indicate your
comments as well as measures undertaken and/or envisaged
by your Government.
Comments and measures
The Indian Constitution prohibits the imparting of
religious instruction by any educational institution maintained
by the State while guaranteeing the right of minorities to
maintain and run their own educational institutions. Different
institutions and programmes related to curriculum
development, textbook evaluation, selection of teachers and
teacher training are designed to ensure that schools are not
used for ideological or political indoctrination that can
promote intolerance. At the same time, the values of religious
tolerance, secularism, development of a scientific temper and
sensitization to the problems of the weaker sections of society
are consciously included in school education.
The Special Rapporteur is aware of some of the efforts
in the field of values education. The National Council for
Teacher Education and the National Council for Educational
Research and Training (NCERT) have developed selflearning modules on “human rights” and “national values”
and the NCERT sourcebook for teachers on human rights is
currently being translated into Hindi. The National Human
Rights Commission of India, in association with the
Department of Education of the Ministry of Human Resource
Development, has also taken steps to enhance human rights
awareness, through education at school as well as at the
college level. At the university level, the University Grants
Commission has identified ten universities for establishing
facilities for courses on human rights.
Recommendations
Taking into account paragraph 96 of the report,
“Education can play a vital role in preventing intolerance,
discrimination, hate and violence (including violence
motivated by extremism) by creating and disseminating a
culture of tolerance among the masses and the most
disadvantaged segments of the population. It can make a
decisive contribution to the assimilation of values based on
human rights by the use of school curricula and textbooks
reflecting principles of tolerance and non-discrimination. This
approach has already been adopted to some extent by the
Indian authorities in the education sector through
dissemination of the values of tolerance and mutual respect,
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