Refugee blues free essay sample

Refugee blues In this poem, the author have used a ballad form. This poem is lyrical which means it is a lyrics to a song. The poem have two rhyming lines of each stanza with the third line which got repetition and this develops the theme. The title refugee blues holds an emotional intensity, shows the critical of society which the people who doesnt belong to that country. In the first stanza, the word souls shows that it is something holy and valuable and they should be treated all the same like everyone else. The word my dear shows that they are married. However, we dont know whether the wife or the husband is talking. In the third stanza, the sentence in the village churchyard these grows an old yew contrasts with the sentence old passports cant do that, my dear, old passports cant do that as the tree could go through the natures cycle while once the passport is lost, it can never be recovered. We will write a custom essay sample on Refugee blues or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In the forth stanza, the sentence if youve got no passport youre officially dead shows fear, humiliation and threat. In the sixth stanza, the sentence if we let them in, they will steal our daily bread the word daily bread allusions to the prayer Our Father . The sentence he was talking to me , my dear shows intimate and close. Meanwhile, in the ninth and tenth stanza, the refugee highlights the ridiculous of the situation that they are in by contrasting it with the freedom of the fish swimming in the ocean and the birds singing in the trees. they had no politicians and they werent the human race This poem is a good example of the role poets and their works can play in social change. Auden not only makes readers aware of the refugee plight, but also requires us empathize with understandings. Refugee Blues free essay sample Both Auden and Gray create a sincere illusion of reality to promote the refugee’s alienation and suffering in both stories ultimately bringing the two gripping tales to life. Both Auden and Faulks use imagery as an extremely strong literary device to create alienation towards the refugees in their two stories. Immediately Auden introduces the reader to the impossible situation that the characters that they find themselves in. Auden manipulates social structure and the feeling of alienation towards the refugees with the use of natural imagery. Lines such as â€Å"saw a door opened and a cat let in† and â€Å"Thought I heard thunder rumbling in the sky; †¦ they must die†. These two lines not only show the manner in which the refugees have been regarded as completely inferior but also that they are willed to die, disregarding the concept of escape. In Faulk’s ‘The Last Night’, though not as frequently, also uses natural imagery to highlight the distressing solitude of the refugees and their impossible situation. We will write a custom essay sample on Refugee Blues or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page â€Å" Though none of the scraps reached as far as the enclosure. The word ‘enclosure’ emphasizes how the Jews had been cast aside as ‘social dirt’ as animals are normally associated as being hoarded into an enclosure by human beings. The two pieces ‘Refugee blues’ and ‘The Last Night’ differ significantly in the way that they are written. In Auden’s ‘Refugee Blues’ the story of the refugees is told through a poem with three lines in each stanza. Whereas in Gray’s ‘The Last night’ the structure follows more of a story and is written in the third person. Auden’s poem is written to the tune of blues music, which was very popular and fashionable at the time the poem was written. Say this city has ten million souls, some are living in mansions, some are living in holes. The rhythm created throughout provokes a melancholy atmosphere to be interpreted by the reader enticing compassion towards the refugees and further discriminating and separating the Jewish characters and their race from the rest of the world. Unlike Gray, Faulks writes the ‘The Last Night’ in the form of a historical fiction indicating the lack of a particular rhythm in which the story can be read. These contrasting rhythms though seem to create to same feeling of sadness and empathy towards the characters. Faulk’s choice of diction and literary techniques match with the rhythm and tone of ‘Refugee Blues’ and create a huge similarity between the way the two poems are written to create alienation towards the refugees. Auden and Faulks use foreshadowing both subtly and palpably early on in each text to show what will happen in the near future of the two stories. Faulks in particular manipulates this technique to show upcoming events. In the opening statement â€Å"Andre and his brother Jacob†¦ to a concentration camp† presented in bold for added effect, Faulks immediately introduces the reader to the ignorance and innocence of the children not being able to fully understand their predicament because they are both at such a young age. They do not realise the harsh reality that has befallen them and the rest of the Jews in Europe. As orphaned children they have already been split up from their parents and this can be interpreted as a model for other families who are situated with the two boys. That pain and sorrow will be felt and loneliness endured by all the children going to the concentration camp. Additionally, in the second paragraph of Faulk’s text he speaks of a woman handing out food and people having â€Å"food for the journey†. This can be deduced by the reader as another use of foreshadowing. It was believed that Adolf Hitler was of the Christian religion. This scene of people eating food before the tragic events that ensue are similar and almost mirror that of the last supper, the Christian fable that exists in the bible where Jesus was last before he was crucified and sent to his imminent death. It is seen as the ultimate betrayal in the bible when Judas sold out Jesus to the Romans for thirty silver coins. The connection between the two estranged events though shows that, just like Jesus, the ignorant children are completely unaware of the fact the food being handed out represents to the reader that the end is near as did the last supper for Jesus. This could be seen as the Faulk’s demonstration of Hitler’s somewhat extreme impiety displaying him as Judas even though Hitler was of Christian religion. In ‘Refugee Blues’ Auden writes in his first paragraph â€Å"Yet there’s no place for us, my dear, yet there’s no place for us. † Auden exploits the predicament of the refugees to emonstrate that they are completely alone and segregated from society and they are regarded as substandard population and presages what is to come for the Jews at the conclusion of the poem. With the use of Irony Auden ends the poem on the line â€Å"Looking for you and me, my dear, looking for you and me. † After so much suffering was brought to the refugees by being neglected by people who thought to be superior human beings, they were finally being sought after but only to taken to their inexplicably to their death, meaning that there is still no place for them in the society that they will no longer live in. In conclusion Both W. H. Auden and Sebastian Faulks tell the tragic tales of Jewish Refugees who find themselves in an impossible situation. Their attention to detail is impeccable allowing the reader to be engulfed in the story and empathise with the characters and live the story. Both manipulate certain ideas, themes and literary devices using similar and contrasting ideas to ultimately create a sense of great alienation towards the refugees in each tale.

Execution Of Juveniles Essays - Legal Procedure, Trial As An Adult

Execution Of Juveniles Adult Punishment and Juvenile Justice Day after day in this country there is a debate going on about the death penalty and whether we as people have the right to decide the fate of another persons life. When we examine this issue we usually consider those we are arguing about to be older men and women who are more than likely hardened criminals with rap sheets longer than the height we stand (Farley & Willwerth, 1998). They have made a career of crime, committing it rather than studying it, and somewhere along the line a jury of their peers decided enough was enough. They were handed down the most severe and most final punishment of them all, death. Behind all of the controversy that this issue raises lies a different group of people that are not so often brought into the lime light, juveniles. This proposes a problem entangled with another; if we do decide to carry out death sentences, what is the minimum age limit? Can we electrocute, lethally inject, or gas any one who commits a crime that is considered capital? In this paper the issue of capital punishment for juveniles will be discussed, basically laying out a comprehensive look at the matter. First we will briefly look at the history of both juvenile justice and the history of the death penalty in regards to juveniles. Secondly we will take a short look at the two major court cases that dealt with this issue in the United States. Next this paper will present the factual statistics of the death penalty for juveniles and also take a look at our countrys stance on the issue in the international arena. We will then spend a short time looking at some views on the juvenile death penalty, reasons for the death penalty itself, and the arguments for and against the death penalty for juveniles. Lastly we will conclude with a few thoughts about the issue and the implications that we might have to consider. The history of the death penalty being imposed on juveniles spans all the way back to almost the beginning of our country. In 1642, Thomas Graunger of Plymouth Colony, Massachusetts, was the first juvenile, to be sentenced to death and executed in our country for a crime that he committed (Executions, 2000). Since the start of capital punishment (or the recording thereof) in 1608, there has been around 19,200 executions in the United States of all ages. Of that total number, experts believe approximately 356 of them were juvenile executions, meaning that the crime that the individual was sentenced for took place before the offender was eighteen years of age (Gonnerman, 2000). This accounts for about 1.8% of all executions from the start of capital punishment to present (Executions, 2000). Since 1973 there has been 196 death sentences handed out to juveniles and seventeen of those have ended in actual execution (Streib, 2000). Table 1 lists those seventeen individuals that have been executed since 1973, their date and place of execution, their race, and their age both when they committed their crime and when they were executed. The juvenile justice system was born in 1899 at which time it was recognized as separate from the regular justice system that dealt with adult offenders (Ricotta, 1988). At the start, the stated objectives of the juvenile justice system was ...to provide measures of guidance and rehabilitation for the child and protection for society, not to fix criminal responsibility, guilt, and punishment (Ricotta, 1988). By the stated objectives it would seem as though rehabilitation would be one of the most important goals of the juvenile system. So how are we able to decide now that a teenager is past the point of rehabilitation and deserves the final punishment? Or does the obligation to protect society become more overwhelming and leave us with no other option but to put someone to death? These are just a few questions that one might ask about our present goals in comparison to the initial goals that were established from the start. Next we will discuss the two pivotal court cases that set the precedent for our current juvenile death penalty statutes. William Wayne Thompson, only fifteen years of age, and three older persons were all found guilty of first degree murder back in December of 1983. He was convicted of murdering his brother-in-law in a most heinous, atrocious, and cruel (Ricotta, 1988) way. After the district court decided that their was no reasonable prospects for rehabilitation (Ricotta, 1988) it was decided that he would be tried as an adult. The Supreme Court of the United States had to decide

Alcoholism Example

Alcoholism Example Alcoholism – Term Paper Example Your full full May 02, Alcoholism Alcoholism or Alcohol Dependence Syndrome is a type of chronic disease which is associated with excessive use of alcohol. â€Å"Alcoholism, also called alcohol dependence or alcohol addiction, is a destructive pattern of alcohol use that includes tolerance to or withdrawal from the substance† (Dryden-Edwards). Some of the main elements of alcoholism include craving, physical dependence, tolerance, and loss of control. According to Butcher, Mineka, and Hooley, a person suffering from this disease loses self-control at times, as well as creates various psychological problems for himself/herself. Some key symptoms of alcoholism include shakiness, sweating, neglecting home and job responsibilities, and uncontrollable need for alcohol. Researchers have proved alcoholism to be the major cause of violence and increase in the number of car accidents all over the world. A number of factors make people consume alcohol. Some of those factors include into xication, social influence, mental relaxation, nice taste, and decrease in depression and boredom. The level of intoxication associated with alcohol and the relaxation that people get through alcohol are two of the major factors that make people alcohol addict.Although stopping alcohol addicts from taking alcohol is difficult, but there exist some treatment methods that can be used to make people come back to normal life by leaving alcohol. Some of those methods include relapse prevention, individualized drug counseling, cognitive-therapy techniques, motivational enhancement therapy, and use of stimulus control and urge control techniques. The outcome of these treatment methods is positive most of the times as alcohol addicts start changing their life patterns by stopping or reducing the use of alcohol and alcoholic products.Butcher, James, Susan Mineka, and Jill Hooley. Abnormal Psychology. 14th ed. Boston: Allyn & Bacon, 2009.Dryden-Edwards, Roxanne. â€Å"Alcohol Abuse and Alcoh olism.† Medicinenet.com, n.d. Web. 02 May 2012.

Hero Essay Example | Topics and Well Written Essays - 1500 words - 1

Hero - Essay Example Major Stryker approaches the two individuals and offers them to join his elite group of mutants, team X. After his first mission, James is not happy of the murders committed by his team-mates and he quits his commando job and falls in love with a local teacher, Kayla Silverfox. He works as a lumberjack and changes his name to Logan. After six years, Logan is approached to rejoin team X, but he declines the offer. In attempting to convince Logan, Stryker sends Victor. To seek Logan’s attention, Victor kills Kayla, and now Logan is seeking revenge. The protagonist in this film is James Logan. In the movie X-men origins: Wolverine, the vengeful and ferocious James Logan presents himself as a tragic hero. First, he was born of noble birth; he was the second son of a rich landowner. Furthermore, he lost his family in a tragic manner. Also, Logan made a poor choice by agreeing to work with Major Stryker. He was desperate to get better than Victor so that he can avenge Kayla’s death. The modification Logan had was definitely a flaw that led to his downfall. The end of this work brought about sympathy for Logan’s condition. The literary work X-men origins: Wolverine screenplay was written by David Benioff and Skip Woods. The plot revolves around the beginning of Wolverine and his driving force of vengeance which leads him to do terrible things like altering his mutation to become stronger and indestructible via a government squad weapon agency (X-Men Origins: Wolverine Trailer). The hero is Logan also known initially as James and later on as Wolverine. The three things that Wolverine does are all driven by emotion due to the life stress that he has gone through. In the movie, Logan does three things all driven by his emotions. They include: killing Thomas Logan; joining a government commando group and after a mission quits it, seeking Victor for revenge of Kayla’s death and allows Stryker

Research essay Example | Topics and Well Written Essays - 1500 words

Research - Essay Example While every religion has its claims to salvation all of them contradict each other. Hence either all are wrong or one of them is right since they all cannot be true as well as this would violate the law of non-contradiction thereby making religious pluralism invalid. We can however base the truth of Jesus being the only way to salvation with proof of history, documented reliability of the bible and the resurrection of Christ. The world situation today certainly brings us to a point where we are left to contemplate on our ways and create new means of holding on to our sanity through religious means. This brings us to look upon someone who can show us the way and enlighten us with the truth. Who else can fit the role precisely other than Jesus Christ who has been acknowledged through the ages as the savior of the world. People try to follow their accepted religion with fervor and hope, it is when they fail to attain the peace and happiness that they so long for, that they look for guidance. When they realize that with their own ways and means of adhering to rituals and rites cannot gain satisfaction they reach out to other means of salvation. There are many prophets and teachers who have enlightened the human race with their concepts and ways. But this has failed to change the attitude of people who rebel against religion itself. In the name of religion there has been a phenomenal effort put into creating our own gods and god men who have laid down the rules and rituals to encourage their religion with dynamic zeal all through history. While the pluralistic world has great appeal to most people for its wide tolerance and defiance to back any religion, this is another way for person to live his life without restrictions and boundaries. It is difficult to relate to very different religion like atheistic Buddhism to the monolithic Islam or Christianity. Judging the beliefs and aspects of each

Answer the Questions Essay Example | Topics and Well Written Essays - 2500 words

Answer the Questions - Essay Example 5) Another advantage is that inter-departmental communication is improved that leads to greater group collaboration and mutual agreement. Organisational harmony and unity is also enhanced because of excellent relationship building. 6) The structure is very much beneficial in problem-solving and decision making because problems related to different operations are resolved by the concerned department personnel. For example, marketing personnel will resolve the issue of declining sales whereas production department will focus on issues about product designing and prototyping. 2) Secondly, the organisation becomes rigid and less adaptable to changes in external environment. Indeed, it may not be possible to make immediate innovations because of delayed approvals from strategic planners. 3) Next, the key decisions by top managers are delayed because information about specific operations flows from down-to-up and up-to-down that wastes sufficient business hours. Staggering losses are incurred in some instances. 6) Employees are not provided general administrative training and thus they can not adjust themselves other than their specific area of interest. For example, a marketer may not be able to perform administrative / management duties even for temporary periods because he is not trained by employers. 1) The internal efficiency within an organization increases in a rapidly changing business environment that demands immediate adjustments. The human resources are used more effectively. As a result, a business organisation becomes highly flexible and adaptable. Customers do not have any inclination to purchase a substandard product because they demand value and satisfaction for money they spend on various goods and services. In fact, every potential buyer is interested in purchasing high quality products to meet its needs / desires and to attain satisfaction. Quality, therefore, can be defined as the ability of a product that meets or exceeds

Human rights education for indian armed forces

Human rights education for indian armed forces HUMAN RIGHTS EDUCATION FOR INDIAN ARMED FORCESCHAPTER INTRODUCTION AND METHODOLOGY When asked what should be done about human rights, the French philosopher Voltaire answered:- â€Å"Let the people know them!† Over the years there has been considerable deterioration in the internal security environment in various parts of our country. JK and NE states have been the theatre of ethnic, regional and state sponsored turmoil for decades for various reasons, the primary one being isolation of the region from rest of the country and the lack of social and economic development of the area. The rise in the law and order problems and failure of the government to control the situation eventually led to the long drawn involvement of the armed forces in the region. The efforts of the security forces to control insurgency and terrorism in the area have brought up the issue of violations of human rights by the security forces. The paradoxical situation now is that while there is an increasing and widespread concern for observance of human rights by the security forces operating in the environment, gross violations of the same by the militant organisations continue unabated. â€Å"Extremist organisations find terror desirable to attract attention whereas counter measures by security forces are restrained when militants blend into the local population, making it impossible to attack their bases or personnel without collateral damage. Here in lies the dilemma for the security forces to conduct operations effectively within the constraints of ethics and the need to respect human rights. (Jasjit Singh) Terrorism and human rights cannot co-exist. They are mutually destructive of each other. Where there is terrorism there cannot be human rights. One of the greatest threats to the future of democracy is terrorism which is increasingly becoming a way of life in the disturbed states. Low intensity conflict operations today includes in its gambit operations against insurgents, militants, terrorists, and any other non state actors that jeopardises national security and sovereignty. The armed forces are being increasingly used in Low Intensity Conflict Operations (LICO) or Counter Insurgency (CI) Operations, which brings it in the media lime light. Certain restrictions have to be imposed on the basic rights of people when combating terrorism, but those restrictions have some norms to be followed. The principles of humanity suggest that military action should not cause unnecessary or disproportionate damage or suffering. When entrusted with a task of this magnitude, human rights violations do take place, but what is important is that the state remains fully aware of its obligations to eradicate the occurrence of such instances and takes prompt measures against the erring personal. It becomes imperative on part of the organisation to educate and train the personals involved in such duties with the basic rights of an individual as a human being and the steps to prevent its violation. METHODOLOGY Statement of the Problem This paper aims to formulate and suggest the Institutionalised Human Rights Education and Training as a means to reduce Human Rights Violations by the Armed Forces operating in low intensity conflict environment. Justification of the Study Human rights now constitute the common heritage of humankind; accordingly, human rights education is a means of accessing that heritage through the universal commitment to the dignity and worth of each human. The evils of injustice, exploitation, impoverishment, tyranny, civil strife, genocide, abuses of power, and catastrophic state failures have plagued humankind from time immemorial and produced humiliation and despair. They also spur action for social and economic transformation, which human rights education helps to define and put into practice. Human rights education reinforces the human rights to peace and to development, that is, the rights of human beings and nations to be free from aggression or other unlawful use of armed force and from mass impoverishment. Genocidal practices and other massive human rights violations are a particular challenge for human rights education. Every human being should be empowered through human rights education to expose and undermine the very possibility of such practices before they emerge and to join with others in ending such practices and holding the perpetrators accountable for their deeds and those who could help accountable for their silence and inaction. The dedication of nation-states and of the United Nations system to human rights education is a first step and the modest efforts pursued during the first United Nations Decade for Human Rights Education (1995- 2004) and this effort must be redoubled by the Armed Forces as a responsible organisation to build stronger solidarities through the message of the dignity and equal worth of every human person. Scope This study focuses on establishing a framework of Human Rights Education and Training to the armed forces in low intensity conflict operations environment. It also attempts to suggest functional parameters that will assist in adopting a universal, holistic and integrated approach to Human Rights. Methods of Data Collection The source of data has been the abundant literature on the subject available in the College Library. A bibliography is appended at the end of the text. In addition to it, explicit use of means of mass media including internet has been made. The thought process of eminent personalities and experts on the subject, both in India and internationally, have also been incorporated as they manifested in Interviews and public shows. Organisation of the Dissertation It is proposed to study the subject in the following manner:- Chapter I. Introduction and Methodology. Chapter II. Human Rights A basic Study. Chapter III. Interplay of Human Rights and Armed Forces in LIC Environment. Chapter IV. Relevance of Human Rights Education for Armed Forces. Chapter V. Approach to Human Rights Education. Chapter VI. Effective Human Rights Training. Chapter VI. Conclusion. CHAPTER II HUMAN RIGHTS A BASIC STUDY Human Rights Evolution of the Concept. In the simplest of terms, human rights could be regarded as involving all those aspects which add to dignity and free existence of human beings. Historians credit the origin of this concept to MAGNA CARTA, AD 1521. On scrutiny however, it would emerge that this document actually was a petition urging the king to concede certain rights to a particular section of his people. It neither had a direct reference to the common mans basic freedom nor the required range of application. The term â€Å"Human Rights† was introduced in the United States Declaration of Independence in 1776 and the US constitution embodied a â€Å"Bill of Rights†. The French resolution later on in 1789, ushered in the Declaration of Rights of Man and Citizen. Much later in 1929, the Institute of International Law, New York, USA, prepared a Declaration of Human Rights and Duties. In 1945, the Inter American Conference passed a resolution seeking the establishment of an international forum for the furtherance of human rights of the whole mankind. The World War II was probably the turning point, which drew the required attention towards human rights. The atrocities committed on ethnic grounds by the axis powers shocked the conscience of the international community. The allied powers then vowed to usher in a world order for promoting respect for the observance of Human Rights and fundamental freedom. The United Nations charter, in its preamble declared, â€Å"we the people of the United Nations Organisation†¦Ã¢â‚¬ ¦..reaffirm faith in the fundamental human rights, in the dignity and worth of human person, in the equal rights of men and women and the Nations large and small†¦..†. The charter then went on to declare that the purpose of the United Nations is, â€Å"to achieve international cooperation in solving international problems of an economic, social, cultural or humanitarian character and in promoting and encouraging respect for human rights and for fundamental freedom for all, without distinction based o n race, sex, language or religion†. The United Nations proclaimed the universal declaration of Human Rights in 1948. The United States defined Human Rights in a policy document in 1978 , which includes the following aspects:- â€Å"Freedom from arbitrary arrest and imprisonment, torture, unfair trial, cruel and unusual punishment and invasion of privacy, rights to food, shelter, health care, education, freedom of thought, speech, assembly, religion, press, movement and participation in Government†. Human Rights The International Endeavour. The United nations Organisation in keeping with its charter to promote respect for fundamental freedom and Human Rights for all without any distinction, came out with an International bill of Human Rights consisting of the following:- Universal Declaration of human Rights, 1948. The International Covenant on civil and Political Rights, 1966. The International covenant of Economic social and cultural rights, 1966. The optional protocol (1966) providing for the right of the individual to petition international agencies. The principles on which this bill was based on are as under:- All human beings have been brought within the scope of this bill, without any distinction. Equality of application without any distinction of race, sex, language or religion. Emphasis on international cooperation for implementation of the bill. UN Declaration of Human Rights. The UN General Assembly on 10 December 1948 approved and accepted the Universal Declaration of Human Rights. Further on 16 December 1966, two covenants were also approved by the UN General Assembly on â€Å"Economic, Social and Cultural Rights† and â€Å"Civil and Political Rights†. These covenants are legally binding and came into force in 1976. Some of the important aspects of UN Declaration are as under:- Right to life, liberty and security of person (Art 3). Right against slavery or servitude (Art 4). No one shall be subjected to torture, cruel, in human or degrading treatment or punishment (Art 5). Equality before Law and equal protection under law (Art 6 and 7). (e) Right to effective remedy against violation of Fundamental Rights (Art 8). Right against arbitrary arrest, detention or exile (Art 9) Right against interference with individuals privacy (Art 10 and 11). Right to a free and fair trial (Art 12). Right to freedom of movement, residence and nationality and to seek asylum in other countries (Art 13, 14 and 15). Right to marry and to form a family (Art 16). Right to property (Art 17). Right to freedom of thought, religion, freedom of opinion and expression (Art 16 and 18). Right to work, reasonable working conditions and to receive equal pay for equal work (Art 23, 24). Right to freedom of peaceful assembly and association and to be a member of a society (Art 20 and 22). Right to a standard of living, conducive for health, well being and social protection (Art 25). Right to education (Art 26). Right to participation in cultural life of community (Art 27). Right to a social and international order in which the right and freedom set forth in this declaration can be fully exercised (Art 28). Human Rights The Scenario in India. India does not have a known convention on human rights. However, India is a signatory to the various conventions proclaimed by the United Nations organisation. Traditionally, Indian culture has always stressed the observance of human rights. Our constitutional founders have given this aspect the due prominence in the form of fundamental rights, which has been embodied as Directive Principles of State Policy. The important aspects are as given below :- Right to equality (Art 14). No discrimination against any citizen based on religion, race, caste, sex etc (Art 15). Right against untouchability (Art 17). Right to freedom. Right to freedom of speech and expression (19(i)(a)) Freedom to assemble peacefully without arms (Art 19(i)(b)). Freedom to form associations (Art 19(i) (c)). Freedom to reside and settle in any part of country (Art 19(i) (f). Freedom in choice of profession (Art 19(i) (f)). Right not to be compelled to be a witness against himself (Art 20(2). Protection of life and personal liberty (Art 21). Protection against arrest and detention (Art 22). Right against exploitation by traffic in human beings, beggary and other similar forms of forced labour (Art 23 and 24). Right to freedom of Religion (Art 25 to 26). Right to move Supreme Court for enforcement of fundamental rights (Art 32). CHAPTER III INTERPLAY OF ARMED FORCES AND HUMAN RIGHTS IN LOW INTENSITY CONFICT ENVIRONMENT â€Å"When the soldier is fighting against an adversary in war, considerations of Human Rights are secondary principles. Practices and usage of war are the best guide. But during peace time employment, in addition to the guidelines laid down in various conventions, it is essential that the environment that the soldier has to operate is clearly understood. -Army Training Note S/1/95 Six decades after our independence, country finds itself beset with terrorism and insurgencies in many states simultaneously. The security forces have been actively involved in counter insurgency operations in Nagaland, Manipur, Mizoram, Tripura, Jammu and Kashmir and more recently, Naxals in as many as twelve other states. Involvement of non state actors in promoting insurgency in our border states is also well established. The insurgencies and terrorism are quite different from a full scale conventional war and thus demand the utmost attention of a government and the people. The counter insurgency operations must differ materially from regular warfare for which armies train and equip themselves. Environmental Realities in LIC More often than not the armed forces are deployed for operations at a very belated stage, when the situation is almost out of control. The prevailing environment that is likely to be encountered by the army therefore assumes a great degree of importance. Some of the salient aspects of the environmental realities are given in the succeeding paragraphs:- Public. There is a prevailing sense of in-security among the general public. People tend to either silently obey the militants or to migrate to safer places. They are very reluctant to cooperate with the security forces. Militants. There is an overpowering cult of the gun and defiance of authority. They acquire sophisticated and lethal weapons by establishing nexus with powers inimical to the state. They have no desire for peaceful negotiations, unless the government out rightly succumbs to their demands. Bureaucracy, Politicians and Judiciary. These come under tremendous pressure because of the constant threat of retribution. Police/Paramilitary Forces. Militants endeavour to induce fear in them through intimidation, and other forms of retribution. This coupled with inadequate equipment and training has adverse effects on the morale and efficiency of these forces. As a result their credibility gets eroded and they fail to induce any confidence among the people. Media. The official media and some of the national dailies are viewed as the mouth piece of the government and its credibility with the masses is usually low. Reporters have scant knowledge of LICO and tend to sensationalise events. Civil Administration. The general conditions prevailing amounts to the civil administration being ineffective and the authority of the government gets eroded with the writ of the militants running supreme. Law of the Land. The law of one state is not always applicable in the other states. This facilitates the militants shifting their bases and operating from areas where they can escape the law. Once certain special laws are enacted, these are portrayed as draconian in a democratic society, thereby providing sufficient cause for propaganda and also drawing attention of the Human Rights Organisations. The militants also thrive on the various existing lacunae in our legal system. Neighbouring States. Inimical neighbours exploit the instable situation to the full extent and resort to waging a proxy war. The Nexus. Militants tend to establish a nexus with identical anti government movements. Even some religious fundamentalist extends their direct support. State and Central Agencies. There is a plethora of state and central agencies operating in such an environment. They usually lack unity of purpose and operate at cross purposes. Impact of Environmental Realities. All these environmental realities given above have an impact on the operations carried out by the army. These are as given below:- The army gets involved when things have gone out of hands of the police/para military forces to handle thereby making their task much more difficult. Operations tend to become long drawn and the army gets involved over protracted periods to effectively neutralise the militants potential. The resources required are also out of proportion invariably. The army invariably has to operate in an intelligence vacuum. Barriers of language pose additional problems. Militants also manage to infiltrate various civil and police organisations compromising security. There is often an absence of clear cut political directive, making it difficult for the army to understand the charter and to evolve its aims, objectives and plans n a long term perspective. There is inadequate cooperation from the local public, bureaucracy and the politicians. Media gets exploited by the militants to discredit the army, thereby imposing great caution on operations by the army. There is a lack of integration between various agencies, thus making problems of coordination acute. Where the militants enjoy public support, willing or forced, it is difficult to sift and isolate the militants from the public. Law of the land often provides great immunity to the militants and imposes numerous constraints on conduct of military operations. Where the inimical neighbours provide active support to the militants, a great deal of effort is diverted to check infiltration of such support. Where Armed Forces Go Wrong. It is now evident that the whole problem is intensified due to proximity of civilians to the area of operations. The following issues form part of the media campaign and cause concern to various Human Rights Organisations:- Curbing of Fundamental Rights. Operations of cordon and search, vehicle checking etc, cause harassment to people. As these operations cannot be done away with, it must be ensured that these operations are done on firm intelligence only to avoid any unwanted fallout. Rape/Molestation. Reports appearing in the media are a min of actuals and the malicious propaganda being launched by militants. Illegal Detention. As per rules, any offender is required to be handled over to the police within 24 hours of apprehension, for filing of a case. Problem arises when due to mistaken identity an innocent citizen is detained by an enthusiastic unit and the legal formalities get delayed due to efforts to extract information by that unit. Fake Encounters. Stage managed encounters in the vicinity of population centres come to the knowledge of human rights organisations. Attack on Civilians. Bomb blasts, proxy actions in populated areas and seemingly intentional killing of civilian population in hostile territory, becomes a media headline, and draws adverse propaganda. Custodial Deaths. In a bid to extract information, no suspect should be tortured. Failure to carry out a medical check up before handing over to the police authorities, could result in reasons for an eventual death of the individual at the hands of the police, being attributed to alleged torture by army prior to handing over. Compensation. All victims should be compensated at the earliest. Rules should be framed on various contingencies and offenders if any should be made to pay compensation, and punished as well. Special powers to the Army. Special powers conferred should be understood in its totality. Legal constraints like carrying police representative for cordon and search operations, frisking of women by women police, signing of â€Å"No Claim† certificates etc have to exercised with due care. Cross Fire Tactics. Militants employ this tactics of firing from a crowd or putting civilians in front of them as shields. Indiscriminate reaction by armed forces will not go well with the media and public at large. Prolonged Operations. Our experience of operations in North Eastern states have amply proved that when units are pressed to achieve quick results and prolonged operations conducted, instead of achieving tangible results, what actually took place was alienation of the population, besides causing discomfort to own troops. â€Å"To extricate information from an apprehended insurgent/militant regarding their crime, intentions, information regarding operations in progress and whereabouts of their bases, some force is required to be used against the norms of human rights. No individual will ever divulge information if treated well.† Lt Gen (Retd) VK Sood, PVSM, AVSM Human Rights Record of Army Indian army has achieved a great degree of success in this genre of conflict due to the highly successful operational style and technique adopted. This is based on a very humane approach of psychological dissuasion and winning the hearts and minds of the population. It is a â€Å"discriminate† approach, in as much as it relies upon large scale application of trained manpower as imposed to indiscriminate use of heavy fire power and airpower. Operations in LIC are complex. The difficulty in identification of the militants and their affinity to the local population, make the task of security forces difficult. In such operations, therefore, a certain amount of human rights violations are likely to take place. The Indian Army however, takes such incidents very seriously, not only because of the violations by themselves being criminal acts, but also due to the fact that it adversely affects the units discipline. ‘The Pledge We are the human rights generation We will accept nothing less than human rights. We will know them and claim them, For all women, men, youth and children, From those who speak human rights, But deny them to their own people. We will move power to human rights CHAPTER IV RELEVANCE OF HUMAN RIGHTS EDUCATION AND TRAINING TO ARMED FORCES Increased awareness of human rights over the last thirty years has led to new standards for state actors in peace and war. Since the Cold War, democratic governments have promoted constitutional reforms aimed at subordinating the military to civilian control and preventing human rights abuses.Militaries have also undergone a self examination to adapt their roles and missions to the changing strategic environment. By and large they have endorsed democratic principles and human rights. In India, we have a commitment by the armed forces to remain subordinated to civilian authority, act within constitutional bounds, and respect human rights. Reflecting changes in national security strategy, the Indian Armed forces need to play a critical role in promoting democracy and human rights. Rooted in a belief that there is an affinity between democratic systems and free market economies, and that democratic states are less likely to go to war with each other, this strategy aims to ensure that regimes consolidate democratic institutions and increase respect for human rights. The incorporation of democracy and human rights as national security policy objectives has been accompanied by operational changes in the role and mission of the forces as per our military doctrine. Existing Human Rights Safeguards Historical Legacy This Humane characteristics of the Indian Army and its soldiers have been exemplified in the history : During the Police Action against Razakars in the state of Hyderabad in 1948. Gen J N Choudhry, commander of the Indian Forces, reminded the Indian troops that they should be absolutely humane while dealing with the local population as they were their own countrymen particularly the woman, children and the infirm. (b) Similarly, in December 1961, after the military operations in Goa the then Chief of the Army Staff in a message to the troops said ‘ In Goa, you are in India and with your compatriots. Your duty is at home. Go and protect the people. Let no one suffer violence. At the end of the operations the then Prime Minister, Pandit Jawaharlal Nehru in his message to the operating forces said â€Å" You, and officers and men serving under your command in Goa Operations, have my warmest congratulations on the splendid way all of you have carried out the allotted task- with efficiency, courtesy and humanity†. (c) As mentioned earlier 93,000 Pakistani troops surrendered in 1971 Bangladesh operations. At the time of surrender Lt Gen J S Aurora gave a solemn assurance that â€Å" The personnel, who surrender, shall be treated with dignity and respect that soldiers are entitled to in accordance with the Geneva Convention and protection shall be provided to the foreign nationals, ethnic minorities and the personnel of West Pakistan origin†. The Indian Army has stood the test of time as regards the Human Rights issue wherever and whenever deployed for counter insurgency or conventional operations. History is on its side to prove the point. After the end of 1971 Indo-Pak war, 93,000 Pakistani soldiers surrendered. While treating the POWs, the Indian Army not only complied meticulously with the Geneva Conventions on POW, but also gave them free access to their friends and relatives in West Pakistan. It also gave them freedom to celebrate their religious festivals. The Indian Army is fully aware of the pitfalls, nuances, implications of Human Rights violations and the resultant adverse effect on its operational efficiency and morale. It has therefore taken comprehensive measures at all levels to safeguard and prevent Human Rights violations in Jammu and Kashmir. The measures undertaken at the macro level to the grass root level of troops operating in LIC operations in Jammu and Kashmir are enumerated in the succeeding parag raphs. Humane Fibre of Indian Soldiers By and large, the basic instinct and reaction of an Indian soldier in most of the situations is to protect the Human Rights and uphold human dignity. The factors responsible for development of this attitude and reaction to a large extent are military discipline, compassion and camaraderie and apolitical entity. Indian Army in Peace-keeping Operations Outside India The contributions of the Indian Army to the Humanitarian cause in United Nations peacekeeping operations outside India is well known, appreciated world wide and well documented. The Indian Army has earned for them the praise and admiration of the warring factions, the United Nations and the Government of their own country. Peacekeeping operations in Korea, Gaza, Congo, Somalia, Cambodia, and Rwanda are some of the shining examples of the legacy of the Indian Army to the Human cause. 30. Human right training has been intensified and efforts to reform military justice in Indian Army have been introduced. While these initiatives have lowered the decibel level between human rights advocates and the military, there is no consensus on their effectiveness. Two crucial dilemmas arise in attempting to harmonize such efforts with other objectives. First, training has met obstacles that limit its impact. The backgrounds of many militaries have afforded them considerable freedom from civilian control while portraying them as guarantors of the state. Another dilemma involves threats such as drug trafficking, organized crime, and terrorism. In most mature democracies responsibility for dealing with such threats falls to civilian institutions. But in much of the country, these challenges have overwhelmed new democratic governments, leading to a call for the army to play a central role. The democratic transition in many nations removed the armed forces from internal security op erations; thus human rights organizations and democracy activists fear that proposed roles and missions will reinforce impunity and lead to a return to violations. There is a greater focus required on incorporating human rights issues in operational training exercises and developing more pragmatic and mission related arguments for respecting them. The Army needs to sponsor a collegium or working group which could compose of representatives of various international and regional organizations and officials with responsibility for human rights training. It will need to produce a consensus document that specifies objectives for doctrine, education and training, internal control systems, cooperation with external control systems, and the delineation of police and military functions. Deliberations earlier have highlighted possibilities and difficulties of reaching a consensus between civil and military representatives on advancing human rights. On the positive side, a relatively detailed consensus does exist. At the same time there are major differences over priorities. Military officers stress education and training as key to improving performance. They acknowledge the importance of incorporating support for democracy and respect for human rights in doctrine. Civilian participants, on the other hand, emphasize the need for both internal and external control mechanisms to ensure accountability for violations. New Threats, Ancient Rights