World
Author`s name Timothy Bancroft-Hinchey

India: New approach to Human Rights

I have presented the following Constitution (Draft) of Human Rights NGO 'ATHRPS' (or any other suitable name) for the consideration of (i)- all the participants of  two-day National Seminar on the theme of "Secularism under Siege: Revisiting Indian Secular State", to be held at AJMER Sharif (Rajasthan), on JANUARY 25-26, 2015 organized by NCPSU and (ii)- for others.

 

I have drafted this constitution by including the objectives of "Justice to Muslim Society' (which I mentioned in my earlier letter) and taking following into consideration:-

 

(1)- Indian Muslims should understand that presently the problems being faced by them is not only due to communal prejudices in India but from all over the world (especially after ISIS phenomenon). Therefore if Indian Muslims think that without adopting policy and program which will have impact at global level they can solve their problems in any meaningful way, then they are living in their make believe world.

 

(2)- The paradigm behind ATHRPS is wider global political scenario which will / should lead to RUSIND as I explained at http://novorossiya.today/united-states-russia-india/

 

(3)- Not only all the objectives (except Naxalism) are concerned with Indian Muslims but Indian Muslims will send message through ATHRPS that they want to solve their problems by / while solving the burning problems of the country  (like terrorism) and of SAARC

 

(4)- Eradication of Naxal Terrorism will also be a great opportunity to Islam where it will benefit immensely if Muslim sponsored ATHRPS can help the tribe / people of affected area through philanthropic activities (which Islam can do better through the institution of 'Wakf' and 'Zaqat').

 

(5)- Inclusion of eradication of terrorism from J&K, N-E and Naxalite area will not only get tremendous national and international support for Muslim sponsored ATHRPS (which will create immense goodwill for Indian Muslims in particular and for Islam in general) but it will also attract huge membership for ATHRPS from all across India.

 

(6)- Objectives of ATHRPS where Pakistan (a nuclear country like India) and Bangladesh will be pressurized (may be even militarily) have been drawn keeping the possibility in view that Pakistan and Bangladesh may again merge in India (or in SAARC).

 

(7)- Unified India (or SAARC) should be liked by Indian Muslims because it will change Muslim Hindu ratio from 1: 5.5 in present India to 1:2 in Unified India (or SARRC) which will practically eradicate present Hindu communalism / high handedness from unified India (or SAARC).

 

(8)-  Unified India (or SAARC) will be liked by Hindus also because it will fulfill their dream of 'Akhand Bharat'  (Integrated India of pre-1947 partition).

 

(9)- In view of international turmoil about violent activities of  ISIS (Caliphate) which is poisoning the minds of many Muslim youth, the programs and objectives of Muslim sponsored ATHRPS is the need of the hour which will be a role model for remaining Muslim population all over the world and will be hugely supported by world community.

 

(10)-  Protecting other human rights of people of India is included in (x) of Objective in Article (4) of ATHRPS Constitution due to two reasons (A)- It will facilitate ATHRPS to have its offices in most of the villages and wards of Urban centers and in all the Tehsil / Talukas of India where it will have day to day job to do (instead of one time program) which will generate great sense of security amongst Muslims all over India (B)- These offices of ATHRPS will  not only be recruitment centers for Campaign - members of ATHRPS but it will also help immensely in mobilizing financial and other resources for various court cases & proceedings and other activities of ATHRPS and for its three missions in Naxalite affected areas, J&K and N-E.

 

(11)- The ardent desire of Indian Muslims for having their own political party has been frustrated so far and for valid reasons. But ATHRPS (though a Human Rights NGO) will be a precursor or basis of any such Muslim sponsored Political party (if at all needed) in future.

Looking forward for the pleasure of meeting you at Ajmer on January 25-26, 2015 where we can have benefit of your views on ATHRPS.

Regards

 

Hem Raj Jain

 

(Author of 'Betrayal of Americanism')

 

Bengaluru, (Karnataka) India

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx                                                                                                                                                 

                                                                             (DRAFT)

                             ANTI - TERRORISM & HUMAN RIGHTS PROTECTION SOCIETY  

                                                                     Regd. Office : ---------------

                                                             CONSTITUTION & RULES

 

ARTICLE (1)- NAME:-

Name of the Human Rights non - profit NGO shall be ' Anti -  Terrorism & Human Rights Protection Society'  [which will be registered under 'Registration of Society Act" and as a 'Core Group of NGOs' with 'National Human Rights Commission' and at UNHRC too for ECOSOC status]  and further in this Constitution shall be called ATHRPS  too. The Registered office of ATHRPS shall be at -----

 

ARTICLE (2)- EXTENSION:-

The ATHRPS Constitution shall come in force from January 26, 2015 and it ultimately shall extend to the entire territory of India.

 

ARTICLE (3)- FLAG, LOGO & WEBSITE :-

ATHRPS shall have its Flag, Logo and Website

 

ARTICLE (4)- OBJECTIVES:-

To eradicate terrorism from India and to protect human rights of people (especially of religious minorities) for which in addition to other activities the following will be done by ATHRPS:-

(i)- To file  writ petition in Supreme Court of India (SCI) for repealing entire Reservation laws under Article 13 & 14 of Constitution as these are discriminatory against Muslims

(ii)- To file  writ petition  in SCI for getting status - quo - ante of Babri Masjid (which was illegally demolished on December 6, 1992 by vandals in presence of SCI Observer) restored by getting it reconstructed under the watch of SCI

(iii)- To file  writ petition  in SCI Related to Section 130 & 131 CrPC in already sub-judice matter in SCI regarding Gujarat massacre 2002 (in which mainly thousands of innocent  Muslims were killed.  

(iv)- To file writ petition in High Court J&K / SCI  to seek answer from Union government of Hindu majority India as to by what time it expects to retrieve (by diplomatic or military measures) Indian territory of Muslim POK so that AFSPA  (which is mainly harassing Muslims of valley) can be removed from J&K.

(v)- To file petitions in competent Courts all across India  about Wakf properties, Zaqat contribution etc. where benefits of these are denied to Muslims

(vi)- To eradicate Naxalite Terrorism [which has infested one third territory (9 States) of India] by opening ATHRPS offices to be manned by Campaign - members of ATHRPS in villages and urban areas of these infested territories to the extent whatever numbers of offices are required.

(vii)- In the State of J&K to solve the problems of (A)- Hundreds of thousands of Displaced Kashmiri Pandits (DKP) by getting them rehabilitated in Kashmir by providing protector companion (free of cost) to them from ATHRPS and (B)- Tens of thousands of Indian citizens the 'Pak Occupied Kashmir Displace Persons' (POKDP)  who are practically refugees in J&K, by getting them rehabilitated (which will stop infiltration to great extent) along LOC / border  till POK is retrieved by India by providing protector companion (free of cost) to these POKDP from ATHRPS. - For solving these problems ATHRPS offices (to be manned by Campaign - members of ATHRPS) shall be opened in villages and urban areas of J&K to the extent whatever number of offices are required.

(viii)- To solve the gory problem of tens of millions of illegal immigrants from Bangladesh in N-E  (A)-  By identifying, tracking and getting them deported though Government of India (GOI) (B)- If Bangladesh refuses to take these infiltrators back (then as a pressure group by asking GOI to demand commensurate territory and or exclusive mineral and other rights from Bangladesh) before granting them Indian citizenship. - For solving these problems ATHRPS offices (to be manned by Campaign - members of ATHRPS) will be opened in villages and urban areas of N-E to the extent whatever number of offices are required.

(ix)- For realizing these Objectives (vi), (vii) and (viii) of this  Article, in the areas of Naxalite affected territories, J&K and N-E - the  ATHRPS (A)- Will ask governments to provide licensed guns / pistols to all the Campaign - members of ATHRPS with non-lethal rubber bullets (with tranquilizing needles) (B)- Will carry out philanthropic activities for Health and Educational institutions ( C)- Will organize (not under Trade Union Act) the workers of Job Guarantee programs (of Union and States) (D)- As a pressure group will ask governments to start profitable Job Guarantee Program for constructing Residential and Business Complexes to be given to people on rent which will be decided by 'Union and States Rent Commissions'.

(x)- To work (as decided by National Executive of ATHRPS) for protecting other human rights of people of India including religious freedom by opposing any anti-conversion law in India.

(xi)- To conduct seminars, meetings etc all over India and  demonstration / protest etc at Jantar Mantar Delhi etc. and other activities in the interest of realizing the objectives of ATHRPS

(xii)-  To cooperate with or assist in every way any other NGO or  person who will help ATHRPS in the realization of objectives of ATHRPS

 

ARTICLE (5)- MEMBERSHIP:-

The membership of  ATHRPS shall be guided by the principle that there shall be three categories of members in ATHRPS namely the Ordinary-members, Active-members and Campaign-members who will become Members as per rules.

(i)- Ordinary Members:-

Any Indian adult citizen (irrespective of caste, creed, religion, sex, race etc) of 18 years or more of age can become member of ATHRPS. Register of names and other details of all types of Members shall be maintained at District Level   

(ii)- Active-members:-

Any member will be considered Active -member who's name shall be registered (on the basis of criterion as per rules mainly depending upon his / her active participation in various activities and programs at Local Level) in 'Active-member Register'.

(iii)- Campaign -members :-

Any member will be considered Campaign -member who's name shall be registered (on the basis of criterion as per rules mainly depending upon his / her active participation in various activities and programs in other than his Local area namely in campaigns in Naxalite affected areas or J&K or N-E) in 'Campaign-member Register'.

(iv)- Every member shall sign in the register kept for this purpose at any Local Level once a month otherwise his / her membership shall be terminated.

(v)- Every member shall pay membership fee of Rs 10 /- per month irrespective of his voting rights. Otherwise his / her membership shall be terminated. [In deserving cases membership fee may be exempted as per rules).

 

ARTICLE (6)- SEVEN LEVELS OF ORGANIZATION :-

The ATHRPS shall have seven Levels of the organization in ascending order namely :-

(i)- Local (Depending upon population and size of territorial area it may be village / group of villages or small town or ward of big city / metro etc)

(ii)- Tehsil / Taluka (Administrative unit)

(iii)- District (administrative unit)

(iv)- Division (Administrative unit) Provided : -  Big cities and Metros may be designated by State Executives as Division & District and these may have appropriate numbers of Districts and Tehsils / Talukas and Local Levels in it.

(v)- State (Administrative unit) Provided- (A)-  Union territories (UT) shall be treated as State (B)- Regarding Local, Tehsil / Taluka District and Division Level of UT, the matter shall be decided by National Executives

(vi)- Zone Level Provided - It will be decided by National Executive and will comprise of more than four States.

(vii)- National (Administrative unit)

 

ARTICLE (7)- VOTING RIGHTS & ELECTIONS:-

(i)- Elections shall be held for Presidents of only three Levels namely District, State and National. The Presidents of Local and Tehsils / Talukas shall be appointed by District President. The Presidents of Divisions shall be appointed by State President. The Presidents of Zone shall be appointed by National President.

(ii)- In District Level Elections ordinary member shall have one voting right, active members shall have two voting rights and campaign members shall have three voting rights.

(iii)- District President shall be elected by all the three categories of members in respective District. The State Presidents shall be elected by all the District Presidents (on the basis of commanded eligible voters) and National President shall be elected by all the State Presidents (on the basis of commanded eligible voters).

 

ARTICLE (8)- OFFICE BEARERS :-

(i)- Every office bearer of ATHRPS shall be the member of ATHRPS

(ii)- All the members of Executive Bodies of all the seven Levels shall be the office bearers of ATHRPS

 

ARTICLE (9)- EXECUTIVE BODIES :-

(i)- President, General Secretary and Treasurer shall be there in all the Executive Bodies of all the three elected Levels (National, State, and District).

(ii)- President and General Secretary shall be there in all the Executive Bodies of all appointed Levels ( Local, Tehsil / Taluka, Division and Zone)

(iii)- General Secretaries, Treasurers and other members of all Executive Bodies of seven Levels shall be appointed by respective Presidents as per rules

(iv)- There shall be no voting within Executives of any Level for any matter and decision of respective President (after due consultation with other members of Executive) shall be final.

 

ARTICLE (10)- FINANCES OF ATHRPS :-

(i)- In addition to membership fees, ATHRPS shall accept contributions, aid, donations etc from any other legally permissible (national and international) sources.

(iii)- Government aid to DKP refugees shall also be accepted by ATHRPS (through DKP or directly) under revised schemes of Governments of Union and J&K for the rehabilitation of DKP and POKDP and also from any other socio - religious organizations shall be accepted.

(iv)- For solving problem of illegal immigrants in N-E  and of Naxalite terrorism, the aid by Governments of Union and States or from any other socio - religious organizations shall be accepted.

(v)- ATHRPS shall have its bank accounts in Nationalized Banks at National, State, and  District Levels

(vi)- Treasurers shall withdraw money from bank with counter signature of respective President or General Secretary.

(vii)- Treasurer shall keep up-to maximum allowed amount of cash with him for retail expenses of ATHRPS authorized by National Executives.

(viii)- The annual return of audited accounts of ATHRPS shall be filed by National Executives

(ix)- Distribution of ATHRPS funds for various Levels shall be decided by National Executives. At no Level money will be used directly (from any type of contribution) and without allocating it by National Executives.

 

ARTICLE (11)- DISCIPLINE :-

(i)- For maintaining discipline in ATHRPS there shall be Disciplinary Committees appointed by Presidents at all Levels  

(ii)- Any punishment (including expulsion from ATHRPS) shall be meted-out by fair trial and in accordance with the tenets of natural justice including by reasonable opportunity to the aggrieved to defend.

 

ARTICLE (12)- APPEALS :-

Any Decision of every Level shall be appealable by the aggrieved member of  ATHRPS to higher Level / Levels

 

ARTICLE (13)- REMOVAL OF OFFICE BEARERS :-

(i)- In addition to resignation, any elected Office Bearer shall be removed from office for any reason by two third majority of Electoral College which elected him / her.

(ii)- In addition to resignation, any appointed office bearer shall be removed for whatever reason by President who appointed him / her.

 

ARTICLE (14)- COPIES :-

(i)- Any category of member of ATHRPS shall be able to get the copy (hard or soft) of membership list by paying prescribed fees as per rules from District Executives within 7 days.

(ii)- Any category of member of ATHRPS shall be able to get the copy (hard or soft) of minutes of meetings of any Executive Body by paying prescribed fees as per rules from related Executives within 15 days.

(iii)- Any category of member of ATHRPS shall be able to get the copy (hard or soft) of annual returns of audited financial accounts of ATHRPS by paying prescribed fees as per rules from National Executives within one month.

 

ARTICLE (15)- MEETINGS :-

(i)- Every Executive Body at all seven Levels shall meet minimum 12 times in a year. The gap between two such meetings shall not be more than forty days.

(iv)- The tenure of all the Executives of all the seven Level shall be one year. National Executives through Executives of all other six Levels shall ensure that new Executive Bodies are in place before end of January, 26 every year.

(v)- Special meetings at all seven Levels shall be called by respective Presidents.

 

ARTICLE (16)- AMENDMENT TO CONSTITUTION & RULES :-

(i)- Any amendment in this Constitution of ATHRPS can be made by two third majority of all the voted elected Presidents (of National, State and District Levels on the basis of commanded eligible voters) assembled for this purpose in person (or through e-mail) with prior notice of 15 days.

(ii)- For day to day smooth functioning the RULES of ATHRPS, can be made by simple majority of all the voted elected Presidents (of National and State  Levels  on the basis of commanded eligible voters) assembled for this purpose in person (or through e-mail) with prior notice of 7 days.

 

ARTICLE (17)- TEMPORARY ARRANGEMENT :-

(i)- First organizational elections shall take place after one Year for all voted Presidents in January 2016

(ii)- Till then National President  .......  and all other members of Executive Bodies at all the seven Levels (appointed as per Constitution & Rules of ATHRPS), appointed by ....... directly or through his appointee Presidents shall keep on working  with all the powers of the Office Bearers conferred by this Constitution