Excerpts from NHRC India Paper for Universal Periodic Review
In last 14 years, the Commission received a large number of complaints relating to various human rights issues. The Commission also took suo motu cognizance in some cases on the basis of media reports etc. The number of complaints registered and disposed off during the last three years is as follows:
Year Fresh cases as well as Cases
cases brought forward from disposed off
previous years
1 April 2004-31 March 05 1,35,209 85,661
1 April 2005-31 March 06 1,23,992 80,923
1 April 2006-31 March 07 1,14,114 93,421
The Commission's role is complementary to that of judiciary. The Supreme Court has referred to a number of important matters to the Commission for monitoring, while the Commission has also taken specific cases of violation of human rights to the Courts. The guidelines evolved by the Commission on the treatment of mentally ill persons held in prisons and child rape cases have been adopted by the Delhi High Court and recommended to the authorities for adoption. The complementary role of the National Human Rights Commission and the higher judiciary in India is an illustration of 'best practice'.
Since December, 1996, the Commission has been dealing with complaints alleging starvation deaths in Koraput, Bolangir and Kalahandi (KBK) districts of Orissa. 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. The implementation of the programmes as also its monitoring by the Commission through its Special Rapporteurs has yielded good results.
In case of the death of unidentified persons due to terrorist attacks and alleged fake encounters by the Police in Punjab in what has come to be known as 'Punjab Mass Cremation Case', the Commission recommended compensation of Rs. 2 lakh 50 thousand to each of the next of kin of 195 deceased identified to be in the deemed custody of police and Rs. 1 lakh 75 thousand to each of next of kin of 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.
Communal violence broke out in the State of Gujarat on February 27, 2002. The Commission took suo-motu cognizance of the tragic incidents and has been seized of the issue since then. The Commission asked the State Government to entrust the investigation of certain critical cases to CBI. The Commission has been continuously monitoring the progress of measures taken by the State for the relief and rehabilitation of the riot-affected persons through its Special Rapporteur.
The Commission received a number of representations from non-government organizations and individuals regarding atrocities committed by the Joint Speical Task Force set up by the States of Karnataka and Tamil Nadu to apprehend sandalwood smuggler and forest brigand Veerappan. After detailed deliberations, the Commission recommended immediate interim relief of 28 million rupees to 89 victims to mitigate their suffering and hardship.
In the State of West Bengal, large scale violence took place in March and November 2007 on the issue of proposed land acquisition for setting up a mega-chemical hub and a Special Economic Zone {SEZ} covering about 10,000 acres of land in Nandigram and adjoining areas. The Commission took suo-motu cognizance of the case and not only called for reports from the State Government but also sent its own Investigation team. The matter is under consideration of the Commission. However, the concerns expressed and actions taken by various agencies like judiciary and Commission seemed to have had a salutary effect.
The Commission took cognizance of a complaint alleging attacks on Christians and their institutions in Kandamal District, Orissa on December 24 & 25, 2007. The Commission has not only issued notice to the Chief Secretary, Government of Orissa and the Director General of Police, Orissa, calling upon them to submit a report giving details of injured and casualties.
Some parts of the country like Jammu and Kashmir and North East region and also some other States are facing the menace of militancy and terrorism. The Armed forces of the Union including Para Military forces have been deployed in some disturbed areas to aid and assist the State Government authorities to handle internal security situation. At time, there are allegations of Human Rights violations by the forces who conduct operations against terrorists and on receipt of such complaints, the Commission calls for reports from concerned authorities.
The Commission has also taken a proactive approach to monitor and review the implementation of measures periodically by Government for ensuring some basic Human Rights areas of concern. Some of these are as follows: I) Right to Education, II) Right to Health, III) Rights of children, IV) Right to Food, V) Rights of person with Disability, VI) Corruption and Human Rights, VII) Review of international human rights commitments.
Year Fresh cases as well as Cases
cases brought forward from disposed off
previous years
1 April 2004-31 March 05 1,35,209 85,661
1 April 2005-31 March 06 1,23,992 80,923
1 April 2006-31 March 07 1,14,114 93,421
The Commission's role is complementary to that of judiciary. The Supreme Court has referred to a number of important matters to the Commission for monitoring, while the Commission has also taken specific cases of violation of human rights to the Courts. The guidelines evolved by the Commission on the treatment of mentally ill persons held in prisons and child rape cases have been adopted by the Delhi High Court and recommended to the authorities for adoption. The complementary role of the National Human Rights Commission and the higher judiciary in India is an illustration of 'best practice'.
Since December, 1996, the Commission has been dealing with complaints alleging starvation deaths in Koraput, Bolangir and Kalahandi (KBK) districts of Orissa. 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. The implementation of the programmes as also its monitoring by the Commission through its Special Rapporteurs has yielded good results.
In case of the death of unidentified persons due to terrorist attacks and alleged fake encounters by the Police in Punjab in what has come to be known as 'Punjab Mass Cremation Case', the Commission recommended compensation of Rs. 2 lakh 50 thousand to each of the next of kin of 195 deceased identified to be in the deemed custody of police and Rs. 1 lakh 75 thousand to each of next of kin of 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.
Communal violence broke out in the State of Gujarat on February 27, 2002. The Commission took suo-motu cognizance of the tragic incidents and has been seized of the issue since then. The Commission asked the State Government to entrust the investigation of certain critical cases to CBI. The Commission has been continuously monitoring the progress of measures taken by the State for the relief and rehabilitation of the riot-affected persons through its Special Rapporteur.
The Commission received a number of representations from non-government organizations and individuals regarding atrocities committed by the Joint Speical Task Force set up by the States of Karnataka and Tamil Nadu to apprehend sandalwood smuggler and forest brigand Veerappan. After detailed deliberations, the Commission recommended immediate interim relief of 28 million rupees to 89 victims to mitigate their suffering and hardship.
In the State of West Bengal, large scale violence took place in March and November 2007 on the issue of proposed land acquisition for setting up a mega-chemical hub and a Special Economic Zone {SEZ} covering about 10,000 acres of land in Nandigram and adjoining areas. The Commission took suo-motu cognizance of the case and not only called for reports from the State Government but also sent its own Investigation team. The matter is under consideration of the Commission. However, the concerns expressed and actions taken by various agencies like judiciary and Commission seemed to have had a salutary effect.
The Commission took cognizance of a complaint alleging attacks on Christians and their institutions in Kandamal District, Orissa on December 24 & 25, 2007. The Commission has not only issued notice to the Chief Secretary, Government of Orissa and the Director General of Police, Orissa, calling upon them to submit a report giving details of injured and casualties.
Some parts of the country like Jammu and Kashmir and North East region and also some other States are facing the menace of militancy and terrorism. The Armed forces of the Union including Para Military forces have been deployed in some disturbed areas to aid and assist the State Government authorities to handle internal security situation. At time, there are allegations of Human Rights violations by the forces who conduct operations against terrorists and on receipt of such complaints, the Commission calls for reports from concerned authorities.
The Commission has also taken a proactive approach to monitor and review the implementation of measures periodically by Government for ensuring some basic Human Rights areas of concern. Some of these are as follows: I) Right to Education, II) Right to Health, III) Rights of children, IV) Right to Food, V) Rights of person with Disability, VI) Corruption and Human Rights, VII) Review of international human rights commitments.