Commission’s Annual Report for the year 1998-99 tabled in the Parliament Commission raises fundamental questions of equity and justice in the country – calls for policies for ensuring economic and social rights
The Annual Report of the National Human Rights Commission for the year 1998-99 placed on the table of the Rajya Sabha on 19 December 2000 and of the Lok Sabha on 20 December 2000 by the Central Government along with the Action Taken Report. This was the sixth Annual Report of the Commission; it had been sent to the Government in October 1999.
Because of significant delays in the tabling of consecutive annual reports, the Commission has reiterated its recommendation that these should normally be placed before the Parliament, together with the required Action Taken Memoranda, not later than the session immediately following submission of the Report. In this connection, the Commission has also recommended an amendment to the Protection of Human Rights Act, 1993 so as to enable the Commission to make the report public in case it not tabled within three months of submission to the Central Government.
During the period under review, in the Report now tabled, the Commission received 40,723 complaints, 54 per cent of which were accounted for by the State of Uttar Pradesh alone -- which is still without a state level Human Rights Commission. The Commission felt that to meet the growing expectation for swift and just redressal of human rights grievances, the early setting-up of State Human Rights Commissions was absolutely necessary. It called for greater political will at the State level, combined with encouragement of the Central Government and the major political parties, to proceed conclusively in this direction.
In its Report, the Commission observed that there is a clear correlation between lack of literacy, especially of the girl child, and infant mortality rates, mal-nutrition, and an adverse sex ratio. The Commission, therefore, with increased stridency urged policies in the economic and social sector that are truly responsive to the needs of the most vulnerable in society: free and compulsory education up to the age of 14; primary health facilities; food and nutritional standards – all of which are necessary for ensuring a life with human dignity.
Considering issues which raised fundamental questions of equity and justice in the country, the Commission made significant recommendations for the protection of the rights of Dalits, populations displaced by mega projects, especially tribals, children subjected to child labour, child prostitution, women subjected to violence and discrimination and minorities subjected to religious intolerance. It has also stressed the right to development, which provides the integral link between civil and political rights and economic, social and cultural rights.
The Commission reviewed the matter of human rights violations in areas of terrorism and insurgency and recommended that the menace of terrorism must be fought not only by the armed and police forces, but also at the political, economic and social levels, in a manner that respected human rights, whatever the difficulties this may entail. It also recommended greater transparency in dealing with those who may have been guilty of human rights violations. In this respect, it reiterated its recommendation that the Protection of Human Rights Act, 1993 be amended in respect of the armed forces. It felt that this would add to the credibility and transparency of the armed forces in the conduct of their operations and also discourage unwarranted and propagandist charges against them. The Commission also recommended that the security forces, when called upon to act in aid of civil authority, must continue to do so in close coordination with the civil administration. Violations of human rights were far less likely to occur when the role and responsibilities of the civil authorities under the law was fully respected, not least in respect of cordon and search operations, arrest, interrogation and detention.
The Commission called for a time bound programme to be embarked upon for the speedy clearance of criminal cases in the courts. It made a number of recommendations in this regard and in respect of curbing custodial violence. To keep the institutions of government in good repair, and stressing importance of probity, civility and tolerance in governance, the Commission made a number of recommendations for reform of the police, the custodial justice system and the criminal justice system.
Among other major issues, the Commission focussed in this Annual Report on: the widespread prevalence of child marriage in certain parts of the country, prevalence of maternal anaemia and the resultant disabilities caused to children, the fate of those displaced by mega projects, prevalence of child labour in a number of hazardous industries in the country, the grave issue of child prostitution, prevalence of bonded labour, the unsatisfactory conditions prevailing in mental hospitals in the country, the inhuman and degrading practice of manual handling of night soil, the problems of Denotified and Nomadic Tribes and the need for human rights education in the country. The attention of the Governments was drawn to these areas and far-reaching recommendations were made to help tackle these problems.
In the period under review, there was a 9.6 per cent increase in the total number of cases registered in the Commission. This reflected, both a heightened awareness of human rights in the country, as well as the hope and belief that the Commission would act promptly and impartially to secure the redressal of grievances. During this period, the Commission considered 53,711 cases, of which 47,061 were disposed of. The disposal of cases was 150 per cent more in 1998-99 compared to the previous year. The Commission believes that the disposal of cases could have been even better had there been prompter and fuller responses to the notices of the Commission by the State authorities
Because of significant delays in the tabling of consecutive annual reports, the Commission has reiterated its recommendation that these should normally be placed before the Parliament, together with the required Action Taken Memoranda, not later than the session immediately following submission of the Report. In this connection, the Commission has also recommended an amendment to the Protection of Human Rights Act, 1993 so as to enable the Commission to make the report public in case it not tabled within three months of submission to the Central Government.
During the period under review, in the Report now tabled, the Commission received 40,723 complaints, 54 per cent of which were accounted for by the State of Uttar Pradesh alone -- which is still without a state level Human Rights Commission. The Commission felt that to meet the growing expectation for swift and just redressal of human rights grievances, the early setting-up of State Human Rights Commissions was absolutely necessary. It called for greater political will at the State level, combined with encouragement of the Central Government and the major political parties, to proceed conclusively in this direction.
In its Report, the Commission observed that there is a clear correlation between lack of literacy, especially of the girl child, and infant mortality rates, mal-nutrition, and an adverse sex ratio. The Commission, therefore, with increased stridency urged policies in the economic and social sector that are truly responsive to the needs of the most vulnerable in society: free and compulsory education up to the age of 14; primary health facilities; food and nutritional standards – all of which are necessary for ensuring a life with human dignity.
Considering issues which raised fundamental questions of equity and justice in the country, the Commission made significant recommendations for the protection of the rights of Dalits, populations displaced by mega projects, especially tribals, children subjected to child labour, child prostitution, women subjected to violence and discrimination and minorities subjected to religious intolerance. It has also stressed the right to development, which provides the integral link between civil and political rights and economic, social and cultural rights.
The Commission reviewed the matter of human rights violations in areas of terrorism and insurgency and recommended that the menace of terrorism must be fought not only by the armed and police forces, but also at the political, economic and social levels, in a manner that respected human rights, whatever the difficulties this may entail. It also recommended greater transparency in dealing with those who may have been guilty of human rights violations. In this respect, it reiterated its recommendation that the Protection of Human Rights Act, 1993 be amended in respect of the armed forces. It felt that this would add to the credibility and transparency of the armed forces in the conduct of their operations and also discourage unwarranted and propagandist charges against them. The Commission also recommended that the security forces, when called upon to act in aid of civil authority, must continue to do so in close coordination with the civil administration. Violations of human rights were far less likely to occur when the role and responsibilities of the civil authorities under the law was fully respected, not least in respect of cordon and search operations, arrest, interrogation and detention.
The Commission called for a time bound programme to be embarked upon for the speedy clearance of criminal cases in the courts. It made a number of recommendations in this regard and in respect of curbing custodial violence. To keep the institutions of government in good repair, and stressing importance of probity, civility and tolerance in governance, the Commission made a number of recommendations for reform of the police, the custodial justice system and the criminal justice system.
Among other major issues, the Commission focussed in this Annual Report on: the widespread prevalence of child marriage in certain parts of the country, prevalence of maternal anaemia and the resultant disabilities caused to children, the fate of those displaced by mega projects, prevalence of child labour in a number of hazardous industries in the country, the grave issue of child prostitution, prevalence of bonded labour, the unsatisfactory conditions prevailing in mental hospitals in the country, the inhuman and degrading practice of manual handling of night soil, the problems of Denotified and Nomadic Tribes and the need for human rights education in the country. The attention of the Governments was drawn to these areas and far-reaching recommendations were made to help tackle these problems.
In the period under review, there was a 9.6 per cent increase in the total number of cases registered in the Commission. This reflected, both a heightened awareness of human rights in the country, as well as the hope and belief that the Commission would act promptly and impartially to secure the redressal of grievances. During this period, the Commission considered 53,711 cases, of which 47,061 were disposed of. The disposal of cases was 150 per cent more in 1998-99 compared to the previous year. The Commission believes that the disposal of cases could have been even better had there been prompter and fuller responses to the notices of the Commission by the State authorities