Amendment of The Protection of Human Rights Act long overdue: says NHRC and SHRCs
New Delhi, 13 May 2005
Enactment of the Amendments to the Protection of Human Rights Act, 1993 which has been pending with the Government of India for the past 5 years found echo at the meeting of the National Human Rights Commission ( NHRC) with the State Human Rights Commission (SHRCs) held in New Delhi today.
All the SHRCs were of the view that the present Act has certain lacunae, which is presenting difficulties in the effective functioning of the NHRC as well as SHRCs. The meeting among other issues deliberated on the need to create awareness and educate the public on human rights as well as train, impart skills and sensitize the judiciary, prosecutors and police personnel.
Earlier in his opening remarks, Dr. Justice A.S. Anand, Chairperson of the NHRC called upon the State Governments to set up SHRCs in the States and Union Territories if they had not been constituted and to do so expeditiously. He said the States must appreciate that the Commissions assist the governments in fulfilling their constitutional obligations and responsibilities of protecting and promoting human rights of the citizens. In his opinion, human rights and democracy are mutually supportive and unless human rights are made the focal point, good governance would remain an unfulfilled dream.
The Chairperson of NHRC also stressed on the effective functioning of the existing State Human Rights Commissions in keeping with the Paris Principles, which emphasize that, they should be vested with competence to promote and protect human rights. They should have an infrastructure, which is suited to the smooth conduct of their activities, and be independent of the government.
Justice Anand said that to overcome some of the structural deficiencies which impede the functioning of the NHRC and SHRC, the Commission in March 2000, forwarded comprehensive recommendations to the Union Government to effect amendments in the Protection of Human Rights Act, 1993. Expressing concern at the delay in effecting the amendments, he urged the Government to carry out the suggested amendments, which are aimed at strengthening the regime of protection of human rights in the country.
On the issue of child marriages, Justice Anand expressed his dismay that even today the media reports that child marriages are taking place. He said it is a shocking state of affairs and an affront to the dignity of women. On the reported recent attack on an Anganwadi worker in Madhya Pradesh, he said, it is sad that she had to pay a heavy price, that of loosing her arms for her role in creating awareness amongst the public about the ill effects of child marriages. The NHRC, he said, has taken suo-motu cognizance based on media reports and has asked for a report from the State Government within two weeks. The Chairperson also stressed on the need for creating awareness and the vital role SHRCs can play in this direction.
Noting that failures in the sphere of human rights in economic, social and cultural areas are wide spread, Justice Anand said that NHRC and the SHRCs must make all efforts to create an environment in which rights can be better protected and promoted. Outlining some of the recent initiatives of NHRC in the field of Public Health and the Rights of Persons with Disabilities, Justice Anand hoped that the State Commissions could supplement the efforts of NHRC.
Chairpersons, Members and Secretaries of the SHRCs from the States of Himachal Pradesh, Jammu & Kashmir, Kerala, Madhya Pradesh, Maharashtra, Manipur, Punjab, Tamil Nadu, Uttar Pradesh and Chhattisgarh attended the meeting.
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