Human Rights Day observed by NHRC
Human Rights Day, which falls on 10 December each year to commemorate the adoption of the Universal Declaration of Human Rights by the UN General Assembly, was celebrated by the National Human Rights Commission at a function organised on 10 December 1999.
In his opening remarks, Justice J.S. Verma, Chairperson of NHRC, said that human rights are the basic rights of an individual irrespective of where that person is and independent of the work that he or she is doing. Justice Verma then elaborated upon the efforts of the National Human Rights Commission to reinforce the human rights of every Indian citizen. He said that during the last six years of its existence, NHRC had handled 1.15 lakh complaints. The recommendations it had made included the award of Rs.1.34 crores in 176 cases. With a view to heightening human rights awareness among children, the Commission has suggested the inclusion of `Human Rights’ as a course of study in the school curriculum. The Commission has entrusted the National Council for Education, Research and Training (NCERT) with the task of formulating the syllabus. The Chairperson added that the Commission had also endeavoured to sensitise all segments of society to various human rights problems facing the country. However, a lot needed to be done and on this day "we have to rededicate ourselves to achieve the social task of bringing human rights within the reach of all."
Making special mention of the calamity caused by the cyclone in Orissa, on which the Commission had taken suo-motu action, Justice Verma said that the Commission had made a series of recommendations to alleviate the sufferings of the victims.
Mr. Justice M.N. Venkatachaliah was the Chief Guest at the function and spoke on the Criminal Justice System and Human Rights. He said that the investigation of and punishment of crimes are functions which produce a dramatic preponderance of the power of the State over its people. An awesome situation arises when a cynical disregard of procedural safeguards becomes common place. Then the judiciary is the last resort of the people. The rule of law is the badge of free people. It stands for equality before law, for independence of the courts, for absence of arbitrary government and for putting the law abiding individual above the State. But the criminal justice system in India and elsewhere have their own problems. Quoting Lord Woolf, Justice Venkatachaliah said that the defect in our present system were many: it is too expensive – the costs often exceed the value of the claim; it is too slow in bringing cases to a conclusion and too unequal; there is lack of equality between the powerful, wealthy litigant and the under-resourced alitigant. It is too uncertain: the difficulty of forecasting what a litigation will cost and how long it will last, induces the fear of the unknown; and it is incomprehensible to many litigants. Above all, it is too fragmented in the way in which it is organised, since there is no one with clear overall responsibility for the administration of justice; and it is too adversarial, as cases are run by the parties, not by the courts and the rules of the courts are often ignored.
Criticizing the role of the police, Justice Venkatachaliah said that police investigations evoke a cynical distrust and resentment in society. There is general resentment at the way in which those in authority treat the citizenry. He said that public confidence is the greatest asset of any police force. But the police, either by their insensitivity or the insolence of power, had made this their great liability. As public confidence progressively gets eroded, the police will come to be increasingly isolated from society and be looked upon more as tormentors than protectors of the people. This vicious circle must be broken - and it must start with the police.
Highlighting the drawbacks of the criminal justice system, Justice Venkatachaliah said that almost 80 per cent of cases in respect of heinous offences ended in acquittal. This was progressively eroding public confidence in the criminal justice system. Inefficient investigations, compounded by lack of integrity, inadequately trained prosecutors, and excessively liberal judicial attitudes towards crime and punishment had distorted the criminal justice scenario. The population–judge ratio in the country is amongst the lowest in the world. Oral evidence is not trustworthy: witnesses are bribed or intimidated and a large percentage of acquittals is on account of witnesses turning hostile and failing to support the prosecution case at the trial. Justice Venkatachaliah stressed the need for better investigation and for improvement in the quality of forensic science expertise.
Asserting that the philosophy of human rights was not opposed to a strong criminal justice system, he said, "I wish to say that if steps are not initiated today in the right direction, tomorrow may perhaps be too late. All our political institutions are immoral shambles because they have not brought human rights to center stage. "
As regards police reform, Mr.Justice Venkatachaliah urged the establishment of Police Security Commissions to ensure the protection of policemen from political interference; he also recommended the constitution of a credible, transparent and efficient Police Complaints Authority in every police jurisdiction for the redressal of complaints from the public of police highhandedness, incivility, arbitrariness, intimidation and false implication. Mr. Justice Venkatachaliah observed that the investigators of crime must be insulated from other duties and be intensively and repeatedly trained in modern methods of investigations. There was also need for a massive de-criminalisation of our laws; for an increase in the range of compoundable offences; and for the introduction of the system of plea-bargaining
Mr. Feodor Starcevic, Director of the United National Information Centre, read out the message of the UN Secretary-General, Mr. Kofi A. Annan. The latter observed that Human Rights Day was a day for remembering and renewal. "Today we recall the many victims of human rights abuses throughout the world. Today we rededicate ourselves to make human rights a fact of life – and not a distant hope – for all humanity." Calling for diversity and tolerance, the UN Secretary General said "As we cross into the new century, let us all do our part to advance understanding and defeat racism: by embracing diversity, by teaching tolerance, and by treating every human being with the dignity he or she deserves. It is simple, and it is possible. It only requires humanity to live up to its name."
Mr. Justice M.N. Venkatachaliah released two booklets both in English and Hindi: one on "Guidelines Regarding Arrest", and the other on "Children’s Rights."
The booklet on "Arrest" contains a set of guidelines prepared by the Commission, on pre-arrest, arrest and post-arrest procedures. The Commission has recommended that police officers should be instructed in respect of these guidelines and that prompt action should be taken against errant officers who may violate them. This action should not be limited just to departmental inquiries, but may also involve the criminal justice mechanism.
The booklet on "Children’s Rights" describes the rights of the child, as specified by the Convention dealing with that subject.
Awards for "Creative Writing on Human Rights in Hindi", a scheme which was introduced by the Commission in September 1998 in order to encourage original writing in Hindi on various subjects of human rights, were also given on the occasion. The first prize was for the book "Manavadhikar - Dasha or Disha", which gives a description of the human rights situation in India. It was co-written by Shri Ramesh Chandra Dixit, Dr. Giriraj Shah, Shri Nishtar Khankahi and Dr. Giriraj Sharan Aggarwal. The second prize was for the book " Taki Unka Bachpan Vapus Mil Sake" by Prof. Girishwar Mishra of Delhi University. The book deals with the rights of the child in India, both in the past and at present. "Swagat Hai Beti," by Smt Vibha Devsare, which deals with the traditional concept of the female child in Indian society, won the third prize. The first prize carried a cash award of Rs. 25,000/-; the second and third prizes carried an award of Rs. 5,000/- each.
To choose the books for the three awards, the Commission had constituted an evaluation and selection committee. The Commission has now decided to present such awards once in two years. The number of awards has also been increased to six, in order to include original translations of writings on human rights from any Indian language into Hindi.
Justice Venkatachaliah also released a Special Day Cover on Human Rights Day, brought out by the Department of Posts. Ms. Shubhra Verma Bhatnagar provided the designs pro bono for the Special Day Cover as well as the cancellation stamps on it. The Cover depicts Section 12(d) of the Protection of Human Rights Act, superimposed on the logo of the National Human Rights Commission. The cancellation stamp also contains the Commission’s logo and the purpose of the Special Day Cover
In his opening remarks, Justice J.S. Verma, Chairperson of NHRC, said that human rights are the basic rights of an individual irrespective of where that person is and independent of the work that he or she is doing. Justice Verma then elaborated upon the efforts of the National Human Rights Commission to reinforce the human rights of every Indian citizen. He said that during the last six years of its existence, NHRC had handled 1.15 lakh complaints. The recommendations it had made included the award of Rs.1.34 crores in 176 cases. With a view to heightening human rights awareness among children, the Commission has suggested the inclusion of `Human Rights’ as a course of study in the school curriculum. The Commission has entrusted the National Council for Education, Research and Training (NCERT) with the task of formulating the syllabus. The Chairperson added that the Commission had also endeavoured to sensitise all segments of society to various human rights problems facing the country. However, a lot needed to be done and on this day "we have to rededicate ourselves to achieve the social task of bringing human rights within the reach of all."
Making special mention of the calamity caused by the cyclone in Orissa, on which the Commission had taken suo-motu action, Justice Verma said that the Commission had made a series of recommendations to alleviate the sufferings of the victims.
Mr. Justice M.N. Venkatachaliah was the Chief Guest at the function and spoke on the Criminal Justice System and Human Rights. He said that the investigation of and punishment of crimes are functions which produce a dramatic preponderance of the power of the State over its people. An awesome situation arises when a cynical disregard of procedural safeguards becomes common place. Then the judiciary is the last resort of the people. The rule of law is the badge of free people. It stands for equality before law, for independence of the courts, for absence of arbitrary government and for putting the law abiding individual above the State. But the criminal justice system in India and elsewhere have their own problems. Quoting Lord Woolf, Justice Venkatachaliah said that the defect in our present system were many: it is too expensive – the costs often exceed the value of the claim; it is too slow in bringing cases to a conclusion and too unequal; there is lack of equality between the powerful, wealthy litigant and the under-resourced alitigant. It is too uncertain: the difficulty of forecasting what a litigation will cost and how long it will last, induces the fear of the unknown; and it is incomprehensible to many litigants. Above all, it is too fragmented in the way in which it is organised, since there is no one with clear overall responsibility for the administration of justice; and it is too adversarial, as cases are run by the parties, not by the courts and the rules of the courts are often ignored.
Criticizing the role of the police, Justice Venkatachaliah said that police investigations evoke a cynical distrust and resentment in society. There is general resentment at the way in which those in authority treat the citizenry. He said that public confidence is the greatest asset of any police force. But the police, either by their insensitivity or the insolence of power, had made this their great liability. As public confidence progressively gets eroded, the police will come to be increasingly isolated from society and be looked upon more as tormentors than protectors of the people. This vicious circle must be broken - and it must start with the police.
Highlighting the drawbacks of the criminal justice system, Justice Venkatachaliah said that almost 80 per cent of cases in respect of heinous offences ended in acquittal. This was progressively eroding public confidence in the criminal justice system. Inefficient investigations, compounded by lack of integrity, inadequately trained prosecutors, and excessively liberal judicial attitudes towards crime and punishment had distorted the criminal justice scenario. The population–judge ratio in the country is amongst the lowest in the world. Oral evidence is not trustworthy: witnesses are bribed or intimidated and a large percentage of acquittals is on account of witnesses turning hostile and failing to support the prosecution case at the trial. Justice Venkatachaliah stressed the need for better investigation and for improvement in the quality of forensic science expertise.
Asserting that the philosophy of human rights was not opposed to a strong criminal justice system, he said, "I wish to say that if steps are not initiated today in the right direction, tomorrow may perhaps be too late. All our political institutions are immoral shambles because they have not brought human rights to center stage. "
As regards police reform, Mr.Justice Venkatachaliah urged the establishment of Police Security Commissions to ensure the protection of policemen from political interference; he also recommended the constitution of a credible, transparent and efficient Police Complaints Authority in every police jurisdiction for the redressal of complaints from the public of police highhandedness, incivility, arbitrariness, intimidation and false implication. Mr. Justice Venkatachaliah observed that the investigators of crime must be insulated from other duties and be intensively and repeatedly trained in modern methods of investigations. There was also need for a massive de-criminalisation of our laws; for an increase in the range of compoundable offences; and for the introduction of the system of plea-bargaining
Mr. Feodor Starcevic, Director of the United National Information Centre, read out the message of the UN Secretary-General, Mr. Kofi A. Annan. The latter observed that Human Rights Day was a day for remembering and renewal. "Today we recall the many victims of human rights abuses throughout the world. Today we rededicate ourselves to make human rights a fact of life – and not a distant hope – for all humanity." Calling for diversity and tolerance, the UN Secretary General said "As we cross into the new century, let us all do our part to advance understanding and defeat racism: by embracing diversity, by teaching tolerance, and by treating every human being with the dignity he or she deserves. It is simple, and it is possible. It only requires humanity to live up to its name."
Mr. Justice M.N. Venkatachaliah released two booklets both in English and Hindi: one on "Guidelines Regarding Arrest", and the other on "Children’s Rights."
The booklet on "Arrest" contains a set of guidelines prepared by the Commission, on pre-arrest, arrest and post-arrest procedures. The Commission has recommended that police officers should be instructed in respect of these guidelines and that prompt action should be taken against errant officers who may violate them. This action should not be limited just to departmental inquiries, but may also involve the criminal justice mechanism.
The booklet on "Children’s Rights" describes the rights of the child, as specified by the Convention dealing with that subject.
Awards for "Creative Writing on Human Rights in Hindi", a scheme which was introduced by the Commission in September 1998 in order to encourage original writing in Hindi on various subjects of human rights, were also given on the occasion. The first prize was for the book "Manavadhikar - Dasha or Disha", which gives a description of the human rights situation in India. It was co-written by Shri Ramesh Chandra Dixit, Dr. Giriraj Shah, Shri Nishtar Khankahi and Dr. Giriraj Sharan Aggarwal. The second prize was for the book " Taki Unka Bachpan Vapus Mil Sake" by Prof. Girishwar Mishra of Delhi University. The book deals with the rights of the child in India, both in the past and at present. "Swagat Hai Beti," by Smt Vibha Devsare, which deals with the traditional concept of the female child in Indian society, won the third prize. The first prize carried a cash award of Rs. 25,000/-; the second and third prizes carried an award of Rs. 5,000/- each.
To choose the books for the three awards, the Commission had constituted an evaluation and selection committee. The Commission has now decided to present such awards once in two years. The number of awards has also been increased to six, in order to include original translations of writings on human rights from any Indian language into Hindi.
Justice Venkatachaliah also released a Special Day Cover on Human Rights Day, brought out by the Department of Posts. Ms. Shubhra Verma Bhatnagar provided the designs pro bono for the Special Day Cover as well as the cancellation stamps on it. The Cover depicts Section 12(d) of the Protection of Human Rights Act, superimposed on the logo of the National Human Rights Commission. The cancellation stamp also contains the Commission’s logo and the purpose of the Special Day Cover