Chairperson NHRC asks State Governments to setup
SHRCs wherever they don't exist
Dr. Justice A.S.Anand, Chairperson NHRC has emphasized that unless Human Rights are made the focal point, good governance could not be actualized. In his opening remarks at the meeting between National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) in New Delhi last month, Dr. Anand emphasized that the State Commissions play an important role in the effective implementation of Human Rights standards. He said that the State Governments need to appreciate that the State Commissions act as facilitators and assist the Governments concerned in fulfilling their constitutional obligations and responsibilities for protecting and promoting human rights of the citizens, which are absolute for good governance. Congratulating the Chairpersons of Kerala, Tamilnadu and Gujarat State Human Rights Commission who had been appointed recently he said despite the latest appointments the total number of SHRCs is only sixteen with five Commissions being without Chairpersons. He expressed the hope that the State Governments would act with all sincerity and setup the Commissions where they have not yet been setup.
Referring to the first meeting in January 2004 of NHRC with SHRCs, the Chairperson said that in the first meeting itself the Commission had resolved to meet regularly once a year with SHRCs and the second interactive session took place in May-2005. The Chairperson listed the events which took place between the last annual meeting and the current one. He said that India was elected as the Member of New Human Rights Council which held its first session in Geneva in June this year. He also said the Council is considering periodical review of the human rights record of the members and as a result all the members have greater responsibility to promote and protection of human rights in all their dimensions and also take effective steps to prevent violation of human rights. The Chairperson also said that NHRC India was the only NHRI, which addressed the first session of the Human Rights Council. While addressing the Council the Chairperson had called for a paradigm shift from human development as seen in terms of economic development to human development as a basic human right. He also said it is indeed a matter of pride that the International Coordinating Committee of NHRIs appreciating and recognizing the role being played by NHRC of India in the area of disability rights, unanimously nominated it to the U.N. Adhoc Committee as its representative for drafting the convention. Ms. Anuradha Mohit, Special Rapporteur, NHRC was requested to provide technical assistance, as representative of the ICC and Asia Pacific Forum, to the Ad-hoc committee for drafting the Convention. The Convention has now been drafted by the Ad-hoc Committee.
He also referred to the three day International Round Table of National Institutions for implementing Economic, Social and Cultural Rights held in November-December 2005, where 24 national institutions from countries in Americas, Africa, Europe and Asia-Pacific participated. He also touched on the National Conference inaugurated by the President of India on "Effects of Corruption on Good Governance and Human Rights" in May-2006 at New Delhi, where the Chief Justice of India, Justice Shri Y.K.Sabharwal gave the valedictory address.
On the latest amendment to the Protection of Human Rights Act, 1993 Dr. Anand said that one of the amendments in the bill would have a direct impact on the operational workload of the SHRCs. This relates to the transfer of any complaint filed or pending before the NHRC to the SHRC of the state from which it arises, for disposal in accordance with the provisions of the act. The Chairperson said this will no doubt lead to increase in the number of complaints to be dealt by the State Commission and it is imperative that every State Government acts with promptness and decisiveness in improving the infrastructure of the SHRC to deal with the complaints effectively. He however, said that unfortunately all the amendments which had been proposed by the Commission based on the report of Justice Ahmadi Committee have found no place.
At the one-day meeting, the State Human Rights Commissions interacted with NHRC on some of the major issues. These included Custodial Violence and Prison reforms, Health Care Sector, Human Rights Education and Gender Justice. All the State Human Rights Commissions presented their views on these subjects and discussed the difficulties faced by them during the two hour session.
In his concluding remarks, the Chairperson Dr. Justice A.S.Anand briefly dealt with almost all the points raised by the SHRCs. He emphasized that prison visits have to be effective and the prisons have to take responsibility for the undertrial as far as health is concerned. He said it is not only lack of medicines in jails but also lack of sensitivity among jail officials, which may lead to custodial deaths. He said there is a need to simplify procedures so that timely medical care is provided to undertrials. Referring to custodial deaths in U.P., Bihar and Maharashtra, he said that number of proceedings of NHRC make it obligatory, that harm is prevented, including self harm, in case of those in custody. He said right to life, food and freedom from hunger are the basic human rights and the recent starvation deaths in Maharashtra have drawn Commission's attention. He also referred to the Kalahandi, Bolangir and Koraput (KBK) districts of Orissa, where the Commission has recently recommended continuance of Revised Long Term Action Plan beyond March-2007 for relief and rehabilitation of sufferers. The Chairperson appreciated the Tamilnadu SHRC, which is launching human rights awareness campaigns in different regions of the state and asked the other states to adopt the same. Dr. Anand expressed happiness that 93% recommendations of the Commission have been accepted by the concerned authorities.
Referring to the first meeting in January 2004 of NHRC with SHRCs, the Chairperson said that in the first meeting itself the Commission had resolved to meet regularly once a year with SHRCs and the second interactive session took place in May-2005. The Chairperson listed the events which took place between the last annual meeting and the current one. He said that India was elected as the Member of New Human Rights Council which held its first session in Geneva in June this year. He also said the Council is considering periodical review of the human rights record of the members and as a result all the members have greater responsibility to promote and protection of human rights in all their dimensions and also take effective steps to prevent violation of human rights. The Chairperson also said that NHRC India was the only NHRI, which addressed the first session of the Human Rights Council. While addressing the Council the Chairperson had called for a paradigm shift from human development as seen in terms of economic development to human development as a basic human right. He also said it is indeed a matter of pride that the International Coordinating Committee of NHRIs appreciating and recognizing the role being played by NHRC of India in the area of disability rights, unanimously nominated it to the U.N. Adhoc Committee as its representative for drafting the convention. Ms. Anuradha Mohit, Special Rapporteur, NHRC was requested to provide technical assistance, as representative of the ICC and Asia Pacific Forum, to the Ad-hoc committee for drafting the Convention. The Convention has now been drafted by the Ad-hoc Committee.
He also referred to the three day International Round Table of National Institutions for implementing Economic, Social and Cultural Rights held in November-December 2005, where 24 national institutions from countries in Americas, Africa, Europe and Asia-Pacific participated. He also touched on the National Conference inaugurated by the President of India on "Effects of Corruption on Good Governance and Human Rights" in May-2006 at New Delhi, where the Chief Justice of India, Justice Shri Y.K.Sabharwal gave the valedictory address.
On the latest amendment to the Protection of Human Rights Act, 1993 Dr. Anand said that one of the amendments in the bill would have a direct impact on the operational workload of the SHRCs. This relates to the transfer of any complaint filed or pending before the NHRC to the SHRC of the state from which it arises, for disposal in accordance with the provisions of the act. The Chairperson said this will no doubt lead to increase in the number of complaints to be dealt by the State Commission and it is imperative that every State Government acts with promptness and decisiveness in improving the infrastructure of the SHRC to deal with the complaints effectively. He however, said that unfortunately all the amendments which had been proposed by the Commission based on the report of Justice Ahmadi Committee have found no place.
At the one-day meeting, the State Human Rights Commissions interacted with NHRC on some of the major issues. These included Custodial Violence and Prison reforms, Health Care Sector, Human Rights Education and Gender Justice. All the State Human Rights Commissions presented their views on these subjects and discussed the difficulties faced by them during the two hour session.
In his concluding remarks, the Chairperson Dr. Justice A.S.Anand briefly dealt with almost all the points raised by the SHRCs. He emphasized that prison visits have to be effective and the prisons have to take responsibility for the undertrial as far as health is concerned. He said it is not only lack of medicines in jails but also lack of sensitivity among jail officials, which may lead to custodial deaths. He said there is a need to simplify procedures so that timely medical care is provided to undertrials. Referring to custodial deaths in U.P., Bihar and Maharashtra, he said that number of proceedings of NHRC make it obligatory, that harm is prevented, including self harm, in case of those in custody. He said right to life, food and freedom from hunger are the basic human rights and the recent starvation deaths in Maharashtra have drawn Commission's attention. He also referred to the Kalahandi, Bolangir and Koraput (KBK) districts of Orissa, where the Commission has recently recommended continuance of Revised Long Term Action Plan beyond March-2007 for relief and rehabilitation of sufferers. The Chairperson appreciated the Tamilnadu SHRC, which is launching human rights awareness campaigns in different regions of the state and asked the other states to adopt the same. Dr. Anand expressed happiness that 93% recommendations of the Commission have been accepted by the concerned authorities.