With the objective of ascertaining the views of all sections of society including academics, jurists, human rights activists, NGOs and others on the issue of Racism, Racial Discrimination, Xenophobia and Related Intolerance, as well as on issues relating to caste and race in India, the Commission held two National Seminars followed by Public Consultations as steps preparatory to the World Conference in Durban. The first was held in Bangalore on 3-4 August 2001 and the second in New Delhi on 11 August 2001.

Inaugurating the function in New Delhi, Justice Shri J.S. Verma, Chairperson, NHRC, said that the National Human Rights Commission is committed to combating all forms of discrimination irrespective of the label or nomenclature under which it occurs. The Commission’s effort is to eradicate discrimination wherever it is found. Thus, it did not really matter whether the discrimination fell under the label of caste, race, descent or any other category. None was acceptable.

The Chairperson reiterated the statement made by him at the Bangalore seminar to the effect that the Commission had not formed its opinion on the issue of whether discrimination based on caste and race were co-terminous or similar, and that it would formulate its position only after the Public Consultations had taken place and the Commission had learnt the views of all concerned persons. He assured the gathering that the Commission “had not mortgaged its mind to any preconceived notion or thought on the issue of racism”, an issue which was being hotly debated. Justice Verma clarified that he had politely declined the invitation to participate in a Committee constituted by the Prime Minister to prepare for the World Conference for the obvious reason that that would have been inconsistent with the autonomous character of the Commission. Additionally, he stressed that the NHRC formed its opinion only after taking into account the views of all concerned groups, howsoever diverse they might be.

He then invited opinions on two of the main concerns that had arisen prior to the World Conference: whether ‘race’ included ‘caste’; and views and suggestions for combating discrimination based on caste, which was expressly prohibited by the Constitution of India and was contrary to various International Instruments to which India was a State Party.

A number of distinguished participants expressed their views in the ensuing discussion. They included Shri Fali S. Nariman, noted Jurist and Member of Parliament; Swami Agnivesh of Bandhua Mukti Morcha; Shanti Bhushan and Rajeev Dhawan, Senior Advocate; Shri Kuldip Nayyar, Senior Journalist and Member of Parliament; Justice Rajinder Sachar, Shri Ravi Nair, Director, SAHRDC, Shri John Dayal, Secretary All India Christians’ Council, Dr. K.G. Kannabiran, Chairman, PUCL, Dr.R.M. Pal, PUCL, Dr. N.L. Mitra, Director, National Law University, Jodhpur and Professor Tyagi of Jawaharlal Nehru University.

The earlier Seminar and Public Consultation, which were held in Bangalore on 3-4 August 2001, were attended by a number of eminent persons including Prof. N.R. Madhava Menon, Vice Chancellor, National University of Juridical Sciences, Kolkata, Mr. Devanooru Mahadeva, renowned Kannada writer, Prof. Ravi Verma Kumar, former Chairperson, Karnataka Backward Classes Commission, Mr. L.G. Havanur, former Minister and Chairperson, Karnataka Backward Classes Commission, Prof. T.K. Oommen, Professor of Sociology at JNU, Delhi, Prof. Gopal Guru of Pune University, Prof. V.K. Natraj, Director, MIDS, Chennai, Prof. Kancha Ilaiah of Osmania University, Hyderabad, Mr. Justice Puttaswamy, Chairperson, Andhra Pradesh Backward Classes Commission, Mrs. Devaki Jain, women’s rights activist, Prof. Jayagovind, Prof. Uday Raj Rai, Prof. G.K. Karanth, Dr. Cheluvaraj, former Vice Chancellor, Gulbarga University and Shri T. Venkataswamy, former Chairperson, Karnataka Backward Classes Commission. The Public Consultation was attended by participants from the State of Kerala, Tamil Nadu, Karnataka, Andhra Pradesh and Goa, among whom were many who recounted serious incidents relating to the violation of human rights as a result of caste-related discrimination and violence.

The NHRC, being a National Institution for the promotion and protection of human rights, has been invited as an observer to the forthcoming World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance to be held in Durban, South Africa from 31 August to 7 September 2001.





Notice to Tamil Nadu Government on fire in mental asylum



The Commission took suo motu cognizance on 6 August 2001 of a fire which devastated a mental asylum in Ramanathapuram, Tamil Nadu earlier that day. Twenty-five inmates, who had been kept in chains, were charred to death. The Commission issued notice to the Chief Secretary, Tamil Nadu asking him to send a report on this tragedy and on the steps taken by the Government in respect of this incident.