The National Human Rights Commission of India has, apart from dealing with the complaints of violations of human rights on the basis of receipt of complaints from individuals, NGOs and others also taken action suo motu.
The total number of cases registered in the Commission during the financial year 2004-05 was 74,401. The corresponding figure for the year 2003-04 was 72,990.
Economic, Social and Cultural Rights
The Commission considers that the neglect of economic, social and cultural rights result in violation of human rights of the citizens and has, therefore, laid great emphasis on the protection and promotion of economic, social and cultural rights besides civil and political rights. It is the considered opinion of the Commission that to effectively realize civil and political rights, it is necessary that economic, social and cultural rights are not put on the backburner.
Right to Health Care:
(a) The Commission has been benefited by the expert advice given by the Core Groups on Health and, Emergency Medical Care. The recommendations include, enunciation of a National Accident Policy, establishment of a central coordinating, facilitating, monitoring and controlling committee for emergency medical services and establishment of Centralised Accident and Trauma Services (CATS) in all districts and Union Territories along with strengthening of infrastructure.
(b) The Commission has also made an appeal to the Government to take appropriate action for protecting the 'best interests' of the children and not to repeal the existing Act which protects infant health by controlling marketing practices of manufacturers of breast milk substitutes. The Core Group is also preparing its recommendations on spurious drugs and unsafe appliances.
(b) Human Rights and HIV/AIDS:
Deeply concerned about violations of human rights of those affected/infected by HIV/AIDS, the Commission made detailed recommendations covering areas such as; consent and testing, confidentiality, discrimination in health care, discrimination in employment, women in vulnerable environments, children and young people, people living with or affected by HIV/AIDS and marginalized populations.
(c) Rights of Disabled:
In order to build capacity for better protection of rights of persons with disability, the Commission took up a project with the Canadian Human Rights Commission and Indira Gandhi National Open University. The project culminated in a National Conference on Disability which was held on 23 June, 2005 in New Delhi. A detailed set of recommendations have been formulated as an outcome of the Project. A Manual on disability has been compiled detailing a range of positive examples in disability jurisprudence.
(d) Trauma Care Project:
A project of Government of Rs. 1000 crores (US $ 220 million) to create an extensive trauma service network across the country to tackle highway accidents got its final push following a recommendation by the Indian National Human Rights Commission.
(e) Mental Health:
The Commission continues to monitor the functioning of mental health institutions both under the mandate of the Supreme Court of India as also in its projects dealing with health care. During the past year the Commission has inspected 7 mental hospitals.
Rights of the Child:

(a) Guidebook for the Media on Sexual Violence against Children
In order to encourage media professionals to address the issue of sexual violence against children in a consistent, sensitive and effective manner, consonant with the rights and best interest of children, the Commission and Prasar Bharati with support from UNICEF have jointly developed a Guidebook for the Media on Sexual Violence against Children.
(b) Prevention and Combating of Child marriage
Pursuant to the recommendations of the Commission, the Central Government introduced a Bill entitled the Prevention of Child Marriage Bill, 2004, in the Rajya Sabha on 20.12.2004 incorporating almost all the recommendations made by the Commission to combat the evil practice.
(c) Domestic Servants:
With the intervention of the Commission, the Central Government and the State governments have amended the rules barring employment of children below the age of fourteen years as domestic servants by Government employees, treating it as a misconduct inviting major penalty.
Human Rights Education and creating awareness:
(a) The Commission had organized a Round Table on Human Rights Education in October, 2002. Based on its outcome a manual for school level students has since been prepared and submitted to the Commission on 10.12.2004 which is being examined for publication as a manual on "Human Rights Education for Beginners".
(b) The Commission brought out a series of booklets titled "Human Rights" on the pattern of booklets brought out by the United Nations. Eight booklets on human rights themes were brought out in collaboration with the reputed National Academy of Legal Studies and Research University (NALSAR), Hyderabad. The booklets were also translated into regional languages.
Complementarity with the Judiciary:
(a) The Commission has continued to have closer liaison with the judiciary in the country. It has received remits in matters involving group rights or human rights violation not only from the Supreme Court of India but also from various High Courts in the country. The Commission has intervened in various cases in the Supreme Court of India as well as in the High Courts. The intervention of the Commission in the Supreme Court in the events of the State of Gujarat beginning with the tragedy which occurred in Godhra on 27th February, 2002 are continuously being monitored by the Commission.
(b) Punjab Mass Cremation Case:
The Commission vide its order dated 11.11.2004 in the remit of the Supreme Court, in what has come to be popularly known as Punjab Mass Cremation Case, awarded compensation @ Rs. 2.50 lakhs to the next of kin of each of 109 deceased persons, who were "admittedly in the custody of Punjab Police at the time of their deaths". The Commission held the State of Punjab accountable and vicariously responsible for the infringement of the indefeasible right to life of those 109 deceased persons, as it failed to "safeguard their lives and persons against the risk of avoidable harm" while in custody of the State. The Commission has recommended a total amount of Rs. 2,72,50,000/- (US $ 600,000), as compensation to the next of kin of 109 deceased in the matter.
(c) Case of Mr.Charanjit Singh, Delhi:
Languishing in judicial custody for 20 years as an under-trial being mentally challenged was granted relief on the writ petition filed by the Commission.
(d) Case of Mr.Jai Singh, Ambala, Haryana
Languishing in judicial custody for 26 years as an under-trial being mentally challenged. The intervention application is under consideration of the High Court of Punjab & Haryana.
(e) Case of Mr.Machang Lalung, Tezpur, Assam
Languishing in judicial custody for 54 years as an under-trial being mentally challenged has got him released pursuant to the intervention by the Commission.
Inspection of Jails and Detention Homes:
(a) The Commission has inspected jails and detention homes and made various recommendations for improvement of the living conditions of the inmates more particularly of women and children and facilities to be provided for the development of the children.
(b)Concern about under-trial Prisoners:
The Commission has continued to impress upon the authorities about the plight of the under-trial prisoners and the desirability of holding speedy trials, if possible in the jail premises itself to end the agony of the under-trial prisoners languishing in jails.
Right to Food:
The Commission, apart from dealing with the starvation cases of KBK Districts of Orissa on the basis of remit of the Supreme Court, has also taken up major cases from Andhra Pradesh and Kerala regarding deaths due to starvation/hunger arising out rural indebtedness. It has constituted a Core Group on Right to Food and the suggestions of the core group are being examined for making appropriate recommendations to various State Governments.
Internally Displaced Persons:
The Commission is effectively monitoring the relief, rehabilitation and reconstruction of victims of Gujarat riots and those affected by Tsunami. The Commission reviewed the provisions of the National Policy on Resettlement and Rehabilitation sent to it by the Ministry of Rural Development. The Commission has noted that the rehabilitation policy has not been made a part of the Land Acquisition Act of 1894. The Commission is of the firm view that resettlement and rehabilitation be incorporated in the legislation proposed to be enacted by the Ministry of Rural Development so that it becomes justiciable.
References relating to Deemed Members:
Chairperson, National Commission for Women, referred the case of Marina coastal fisher women, who were planned to be evicted by the State Government for locating the Secretariat building. The Commission took up the issue with the State Government. The State Government has now conveyed to the Commission that it has dropped the plan for the construction of the Secretariat building near the beach.
Ø On a reference from the Chairperson, National Commission for Women, the NHRC took cognizance of a news item alleging that two girls were beaten to death by ultras in Jammu & Kashmir. Based on the NHRC's intervention, criminal cases were registered, an ex-gratia of Rs. one lakh given to the next of kin of one girl who was killed and Rs. 5000/- given to the second girl for her treatment.
Ø The Commission received a reference from the Chairperson, National Commission for Minorities pointing out the denial of visas, often even on humanitarian grounds to certain Sikh NRIs, who were allegedly blacklisted by the Government fro shouting slogans outside the Indian Embassy in 1984. Based on the intervention of the NHRC, the Government apprised it that the list of 489 NRIs whose names were black listed is been reviewed from time to time and presently has been pruned to 55.
Ø Amongst the deemed Members appointed under Section 3(3) of the Protection of Human Rights Act, 1993, Chairperson of the National Commission for the Scheduled Caste and Scheduled Tribes is a deemed member. The National Commission has, however, been abolished. Therefore, there is no Chairperson who can now be a deemed member. The Central Government has set up two separate Commissions - one for SC and other for ST but the Act has not been amended and Chairpersons of those Commissions are not at present the deemed members of the Commission.
TERRORISM
The Commission has expressed its views on terrorism and measures to combat it with focus on human rights. The Commission has emphasized that anti-terrorism measures must be consistent with democracy and human rights, which are fundamental values of our society, and should not undermine them, even inadvertently.
Coordination & Cooperation with other APF Member Institutions
The Commission has always endeavored to share information and expertise with other APF member institutions. The Commission has developed an Internet based Complaint Management System (CMS), by which it is possible for a complainant to track the progress of his complaint lodged with the Commission through the internet. The Commission has been privileged to share its expertise with the Nepal Human Rights commission including training of the concerned personnel in handling the software as well as with the Jordan National Center for Human Rights.
The Commission took suo-motu cognizance of a press report alleging torture of an Indian girl by her Malaysian employer in Malaysia and sent a copy of the press report to the Secretary, Malaysian Human Rights Commission for such action as may be deemed appropriate in the matter.
The Commission has remitted an amount of US $ 100,000 as our contribution to the APF during the year 2004-05.
Non-Governmental Organisations
The Commission provides financial assistance to credible NGOs for organizing seminars, workshops, etc. associated with spreading human rights awareness amongst the people. A Core Group of NGOs has been constituted under section 12(a) of the Protection of Human Rights Act, 1993 to encourage the efforts of the Non-Governmental Organizations (NGOs) and institutions engaged in the field of human rights.
b) Complaint from Mr. Henri Tiphagne
The Commission received a complaint from Mr. Henri Tiphagne, Executive director, People's Watch, an NGO, alleging harassment by the police who carried out a search in the premises of the NGO looking for certain people wanted in a criminal case. The Commission considered the report of the DGP, Tamil Nadu, which indicated that the search was conducted under a valid search warrant issued by the Judicial Magistrate. As the charge sheet was already filed and pending trial in the court, the Commission directed that no further action is called for.


C) Case of non-issue of exit visa to Chinese refugee
Mr. Ravi Nair, Executive Director, South Asia Human Rights Documentation Centre, referred a case of Mr. Whosor Sam Sak, a Uighur refugee from China. It was alleged that Mr. Sak was subjected to severe persecution in China on account of his religious and cultural identity. Therefore, he went to Nepal in 2003. Fearing involuntary deportation to China, he fled to India in 2003. He was granted refugee status by the UNHCR in November, 2003. Based on the intervention of the NHRC of India the Ministry of external Affairs, reviewed the case of Mr. Sak and decided to permit his exit from the country as soon as UNHCR has made arrangements for his travel to a third country.
Discrimination based on Caste - case of atrocities on Dalits
Despite elaborate provisions in the Constitution and other laws, it is an unfortunate reality that social injustice and exploitation of Scheduled Castes and Scheduled Tribes and other weaker sections persist The Commission entrusted a Study to a senior retired civil servant, to go into the issue of discrimination faced by persons belonging to the Scheduled Castes. The study has been completed and a comprehensive report submitted, which contains a number of recommendations to various authorities.