(Embargoed till 6.00 p.m., 12.10.2007)
Address by Justice Shri S.Rajendra Babu, Chairperson, NHRC, Foundation Day Function of National Human Rights Commission on 12th October, 2007 at FICCI Golden Jubilee Auditorium, New Delhi
Hon'ble Chief Justice of India, Shri K.G. Bhalakrishnan, Chief Guest of the Foundation Day, respected Former Chairpersons and Members, my esteemed colleagues, officers of the NHRC, past and present Members of the NHRC family, Distinguished invitees, ladies and gentlemen.
The struggle for Human Rights as exemplified in Universal Declaration in 1948 has undoubtedly been one of the great progressive achievement of the century.
The National Human Rights Commission of India (NHRC) came into existence on 12th October, 1993 pursuant to the enactment of the Protection of Human Rights Act, 1993. The National Human Rights Commission of India in its short journey of 14 years (will be completing 14 years on 12.10.2007) has endeavored to curb violation or ameliorate neglect of human rights occurring anywhere in the country which comes to its notice. We realize that protection and promotion of civil or political rights is not enough as deprivation or disparities in economic, social and cultural areas, which are wide spread, have reduced large number of citizens to the margins of human existence. Thus all rights whether political, civil or economic or social or cultural are inter-independent. Any one of the rights alone cannot be effectively exercised for a person who lives in utter poverty, political and civil rights may not have any significance. The Commission has been making efforts to minimize such aberrations and create an environment in which rights can be better promoted and protected. Apart from working for the eradication of bonded labour and child labour, rights of the child, women, dalits, minorities and other marginalized groups, the Commission has also undertaken work in other fields, such as, public health, right to food etc. The Commission has endeavoured to promote a culture of human rights in the country by pressing for the introduction of human rights education in the curricula, from schools up to the university. The Commission's endeavour in a short span has been recognized both nationally and internationally.
A clear indication of the trust reposed in the Commission by the citizens of the country - and an equally clear indication of the yearning for an accessible mechanism to redress their human rights grievances - is to be found in the exponential number of complaints addressed to the Commission which has steadily grown from 496 in 1993-94 to 82,233 complaints during the financial year 2006-2007. At the international level also the Commission has played an active role in promotion and protection of human rights in the country. Modesty deters me from going into details of the various activities of the Commission. Undoubtly there are several areas in which much needs to be done.
Over the years, the Commission has grown from strength to strength with a devoted and dedicated staff complement of over 340 personnel as on date in its office in New Delhi. I will be failing in my duty if I do not acknowledge the hard work put forth by the Special Rapporteurs, Consultants, officers and the ministerial officials of the Commission, regardless of office hours with a view to help those in distress. But for their committed efforts, this Commission would not have been able to cope up with the challenging task before it.
There has been a growing feeling that the Commission observe "Foundation Day" on the 12th October, every year. The day would be an occasion to, both introspect on the Commission's achievements and failures as well as to look forward on the path ahead.
The Commission has maintained that the main obligation to protect human rights is that of the State itself. The Commission acts as a facilitator. As we look ahead there are numerous challenges which we have to meet.
There have been significant developments, both at National and international level, on the Human Rights front in the past one year. At the National level, these extend to legislation, policy and programmes, with the National Human Rights Commission of India playing the role of a catalyst to direct action for the protection of rights of the most vulnerable sections. The Commitment of the Government to uphold the autonomy of the Commission and strengthening it further is reflected in the recent amendment to the Protection of Human Rights Act 1993. The amendment has been carried out by the Government on the basis of suggestions made by the Commission to remove certain lacunae in the original Act.
India has been facing tough challenges in the task of protection of human rights of the citizens of the country, tackling issues amongst others, such as terrorism, trafficking in women and children, disappearance of persons, displacement of persons due to disasters, conflicts and development, child labour, education, health, custodial deaths, prisons and the disabled. The Commission has tackled these issues by not only dealing with individual cases but also issuing policy guidelines for implementing agencies.
The recent resolution adopted by the Human Rights Council on 18th June 2007, during its meeting in Geneva envisages stronger role of NHRIs participating in deliberating in the complaint procedure.
I am happy to say that although the Commission's powers extend to making recommendations only, all its recommendations are accepted/implemented by the Central/State Governments. May be, there may be doubts and governments seek clarifications and when they are cleared, there is compliance.
The Apex Court of the country reposing confidence in the Commission entrusted it with the responsibility of overseeing the functioning of three Mental Institutions on 11.11.1997. The Commission has been continuing its work through the Special Rapporteur. Due to continuous efforts of the Commission, during the year 2005-06 there has been a significant progress. It is heartening to note that more than 90% of the admissions are voluntary admissions in these hospitals consistent with the provisions of the U.N. Principles for the Protection of Persons with Mental Illness and Improvement of Mental Health Care (1999). There has been an overall shift from custodial care to treatment and rehabilitation. Cell admissions have been totally stopped and closed wards are being progressively converted into open wards.
Since December, 1996, the Commission has been dealing with complaints alleging starvation deaths in Koraput, Bolangir and Kalahandi (KBK) districts of Orissa. The issue was also raised in writ petition in Supreme Court. On learning that the Commission had taken cognizance of the matter, the Supreme Court allowed the Commission to deal with the matter and empowered it to issue enforceable recommendations and directions. The Commission after hearing the parties formulated a practical programme covering rural water supply schemes, public health care, social security schemes, water and soil conservation measures and rural development schemes. Much progress has been made in this regard due to monitoring of the programme by the Commission through Special Rapporteurs.
In the case of death of unidentified persons due to terrorists attack and alleged fake encounter by police in Punjab, i.e., 'Punjab Mass Cremation Case' the Commission recommended compensation of Rs. 2.5 lakhs to the next kin of each of 195 diseased identified to be in deemed custody of police and Rs. 1.75 lakhs to each of next of kin of other 1103 identified persons whose dead bodies were cremated by Punjab police, amounting to Rs. 24,27,25,000/- till the end of the year 2006-2007.
There are several other activities under taken by the commission, in the field of Human Rights and I do not wish to dilate on them for they are all spelt out in various news letters and reports which are available on the website of the Commission.
Now Right to Development is accepted and a gradual convergence of positions are becoming more and more manifest amongst various actors - the State, Human Rights Institutions and civil society - on different aspects relevant to implementation of this right. This convergence is even more palpable in the work of UN bodies. Political responsibility has now passed to the newly created Human Rights Council to propose critical steps to make current process of globalization work towards improving the well being of people in every corner of the world. Two challenges need to be met before this right can be taken seriously in policy and action. The first is to create a robust concept of development; the second is to identify the practical steps to implement this right by gearing up the administration and the operation of law. The object of this right is to reduce disparities, harmonize aspirations of freedom and dignity with material improvement of human conditions. Neither objective is possible under conditions of poverty. Poverty often results from wilful neglect and discrimination. Lack of adequate development or that which permits exclusion and discrimination in action to and allocation of resources paves the way to increased inequality and marginalization of the poor and the vulnerable. It denies them their human rights. Economic and social inequalities create differences in access to political power / justice / basic goods / services, all of which are essential for the full realization of human rights. The process of development must strive to realize all human rights entitlements of all rights holders. This is particularly relevant for the poor and the marginalized. For them, it is necessary that the development process move away from needs based exercise in charity and assistance to one that creates and sustains genuine entitlements that span all aspects of their life - economic, social and cultural as well as civil and political.
The second challenge is to translate political commitment to practice. Development with social justice cannot be achieved in the absence of respect for human rights. There has to be an enabling environment - legal political, economic and social - sensitive in the local context for realization of right to development. The gap between intention and action has undermined the credibility of several schemes.
In conclusion, we must all keep working with a sense of compassion for each other in our hearts, with a sense of justice and fair play, banishing from our hearts, prejudices of caste, creed and gender. Its time we understood that these prejudices don't take us too far nor, does it give us peace. Life is too precious to be frittered away on such petty thoughts.
Thank you very much.
*****
The struggle for Human Rights as exemplified in Universal Declaration in 1948 has undoubtedly been one of the great progressive achievement of the century.
The National Human Rights Commission of India (NHRC) came into existence on 12th October, 1993 pursuant to the enactment of the Protection of Human Rights Act, 1993. The National Human Rights Commission of India in its short journey of 14 years (will be completing 14 years on 12.10.2007) has endeavored to curb violation or ameliorate neglect of human rights occurring anywhere in the country which comes to its notice. We realize that protection and promotion of civil or political rights is not enough as deprivation or disparities in economic, social and cultural areas, which are wide spread, have reduced large number of citizens to the margins of human existence. Thus all rights whether political, civil or economic or social or cultural are inter-independent. Any one of the rights alone cannot be effectively exercised for a person who lives in utter poverty, political and civil rights may not have any significance. The Commission has been making efforts to minimize such aberrations and create an environment in which rights can be better promoted and protected. Apart from working for the eradication of bonded labour and child labour, rights of the child, women, dalits, minorities and other marginalized groups, the Commission has also undertaken work in other fields, such as, public health, right to food etc. The Commission has endeavoured to promote a culture of human rights in the country by pressing for the introduction of human rights education in the curricula, from schools up to the university. The Commission's endeavour in a short span has been recognized both nationally and internationally.
A clear indication of the trust reposed in the Commission by the citizens of the country - and an equally clear indication of the yearning for an accessible mechanism to redress their human rights grievances - is to be found in the exponential number of complaints addressed to the Commission which has steadily grown from 496 in 1993-94 to 82,233 complaints during the financial year 2006-2007. At the international level also the Commission has played an active role in promotion and protection of human rights in the country. Modesty deters me from going into details of the various activities of the Commission. Undoubtly there are several areas in which much needs to be done.
Over the years, the Commission has grown from strength to strength with a devoted and dedicated staff complement of over 340 personnel as on date in its office in New Delhi. I will be failing in my duty if I do not acknowledge the hard work put forth by the Special Rapporteurs, Consultants, officers and the ministerial officials of the Commission, regardless of office hours with a view to help those in distress. But for their committed efforts, this Commission would not have been able to cope up with the challenging task before it.
There has been a growing feeling that the Commission observe "Foundation Day" on the 12th October, every year. The day would be an occasion to, both introspect on the Commission's achievements and failures as well as to look forward on the path ahead.
The Commission has maintained that the main obligation to protect human rights is that of the State itself. The Commission acts as a facilitator. As we look ahead there are numerous challenges which we have to meet.
There have been significant developments, both at National and international level, on the Human Rights front in the past one year. At the National level, these extend to legislation, policy and programmes, with the National Human Rights Commission of India playing the role of a catalyst to direct action for the protection of rights of the most vulnerable sections. The Commitment of the Government to uphold the autonomy of the Commission and strengthening it further is reflected in the recent amendment to the Protection of Human Rights Act 1993. The amendment has been carried out by the Government on the basis of suggestions made by the Commission to remove certain lacunae in the original Act.
India has been facing tough challenges in the task of protection of human rights of the citizens of the country, tackling issues amongst others, such as terrorism, trafficking in women and children, disappearance of persons, displacement of persons due to disasters, conflicts and development, child labour, education, health, custodial deaths, prisons and the disabled. The Commission has tackled these issues by not only dealing with individual cases but also issuing policy guidelines for implementing agencies.
The recent resolution adopted by the Human Rights Council on 18th June 2007, during its meeting in Geneva envisages stronger role of NHRIs participating in deliberating in the complaint procedure.
I am happy to say that although the Commission's powers extend to making recommendations only, all its recommendations are accepted/implemented by the Central/State Governments. May be, there may be doubts and governments seek clarifications and when they are cleared, there is compliance.
The Apex Court of the country reposing confidence in the Commission entrusted it with the responsibility of overseeing the functioning of three Mental Institutions on 11.11.1997. The Commission has been continuing its work through the Special Rapporteur. Due to continuous efforts of the Commission, during the year 2005-06 there has been a significant progress. It is heartening to note that more than 90% of the admissions are voluntary admissions in these hospitals consistent with the provisions of the U.N. Principles for the Protection of Persons with Mental Illness and Improvement of Mental Health Care (1999). There has been an overall shift from custodial care to treatment and rehabilitation. Cell admissions have been totally stopped and closed wards are being progressively converted into open wards.
Since December, 1996, the Commission has been dealing with complaints alleging starvation deaths in Koraput, Bolangir and Kalahandi (KBK) districts of Orissa. The issue was also raised in writ petition in Supreme Court. On learning that the Commission had taken cognizance of the matter, the Supreme Court allowed the Commission to deal with the matter and empowered it to issue enforceable recommendations and directions. The Commission after hearing the parties formulated a practical programme covering rural water supply schemes, public health care, social security schemes, water and soil conservation measures and rural development schemes. Much progress has been made in this regard due to monitoring of the programme by the Commission through Special Rapporteurs.
In the case of death of unidentified persons due to terrorists attack and alleged fake encounter by police in Punjab, i.e., 'Punjab Mass Cremation Case' the Commission recommended compensation of Rs. 2.5 lakhs to the next kin of each of 195 diseased identified to be in deemed custody of police and Rs. 1.75 lakhs to each of next of kin of other 1103 identified persons whose dead bodies were cremated by Punjab police, amounting to Rs. 24,27,25,000/- till the end of the year 2006-2007.
There are several other activities under taken by the commission, in the field of Human Rights and I do not wish to dilate on them for they are all spelt out in various news letters and reports which are available on the website of the Commission.
Now Right to Development is accepted and a gradual convergence of positions are becoming more and more manifest amongst various actors - the State, Human Rights Institutions and civil society - on different aspects relevant to implementation of this right. This convergence is even more palpable in the work of UN bodies. Political responsibility has now passed to the newly created Human Rights Council to propose critical steps to make current process of globalization work towards improving the well being of people in every corner of the world. Two challenges need to be met before this right can be taken seriously in policy and action. The first is to create a robust concept of development; the second is to identify the practical steps to implement this right by gearing up the administration and the operation of law. The object of this right is to reduce disparities, harmonize aspirations of freedom and dignity with material improvement of human conditions. Neither objective is possible under conditions of poverty. Poverty often results from wilful neglect and discrimination. Lack of adequate development or that which permits exclusion and discrimination in action to and allocation of resources paves the way to increased inequality and marginalization of the poor and the vulnerable. It denies them their human rights. Economic and social inequalities create differences in access to political power / justice / basic goods / services, all of which are essential for the full realization of human rights. The process of development must strive to realize all human rights entitlements of all rights holders. This is particularly relevant for the poor and the marginalized. For them, it is necessary that the development process move away from needs based exercise in charity and assistance to one that creates and sustains genuine entitlements that span all aspects of their life - economic, social and cultural as well as civil and political.
The second challenge is to translate political commitment to practice. Development with social justice cannot be achieved in the absence of respect for human rights. There has to be an enabling environment - legal political, economic and social - sensitive in the local context for realization of right to development. The gap between intention and action has undermined the credibility of several schemes.
In conclusion, we must all keep working with a sense of compassion for each other in our hearts, with a sense of justice and fair play, banishing from our hearts, prejudices of caste, creed and gender. Its time we understood that these prejudices don't take us too far nor, does it give us peace. Life is too precious to be frittered away on such petty thoughts.
Thank you very much.
*****