Why Cannot DHFL FD and NCD Holders Approach the International Forum, OHCHR?
This article examines the legal and moral impasse faced by Fixed Deposit (FD) and Non-Convertible Debenture (NCD) holders of Dewan Housing Finance Corporation Ltd. (DHFL) in seeking justice through international mechanisms such as the Office of the United Nations High Commissioner for Human Rights (OHCHR). It argues that under Article 5(2)(b) of the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) and Rule 96(b) of the OHCHR’s procedural framework, individuals may only appeal to the OHCHR once all domestic remedies have been exhausted. However, in the DHFL–Piramal case, where India’s Supreme Court upheld Ajay Piramal’s contentious resolution plan despite ongoing review petitions, this exhaustion clause becomes a site of moral contradiction. The article situates the DHFL takeover within a broader architecture of crony oligarchy, judicial abdication, and financial human rights violations, where legality becomes the instrument of dispossession or expropriation. Drawing upon the UN Guiding Principles on Business and Human Rights (UNGPs), it reframes financial exploitation as a form of systemic human rights abuse. Ultimately, it concludes that while procedural routes to international justice remain closed, mass civil disobedience and collective non-compliance emerge as the only viable pathways toward moral and political redress.
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