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.” 35

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