NHRC Open Hearing at Nagpur in Maharashtra
The National Human Rights Commission held a public hearing for disposal of 571 complaints relating to problems of the Scheduled Castes in Nagpur from 28th-30th January, 2013. Inaugurating it, Justice Shri K.G. Balakrishnan, Chairperson, NHRC said that despite so many social legislations and welfare schemes, the Scheduled Castes continued to face problems. The Commission through its open hearings is trying, therefore, to reach out to them in different parts of country and hear their complaints about violations of their rights by the public authorities and to solve the problems with cooperation from State governments.
He said that the Commission has no adversarial role to the functioning of State governments. It is there to help them in good governance. He said that in this sense, four open hearings in Odisha, Gujarat, Tamil Nadu and Rajasthan, prior to Maharashtra, were very rewarding.
The cases were heard by the Members Justice Shri B.C. Patel and Shri Satyabrata Pal. More than 200 complaints were closed (disposed of).
People came from far flung areas to attend. The Commission, however, noted that the response of officers of the State Government was poor, except in four or five districts. In some cases, the Commission even directed the State Government to reimburse the travelling expenses of the complainants.
The complaints received by the Commission touched upon various issues like forcible disposse-ssion of the SC's from their land, denial of benefits of social welfare schemes, discrimination, malpractices of revenue authorities, non-payment of retiral benefits, non issue of caste certificates, etc.
Notices of the complaints were issued to the State Government. On receiving them, the State Government issued BPL cards to some persons and in some cases caste certificates were also issued. Some persons, whose salary had been withheld or who had not received retiral benefits, were given relief by the Commission.
Some issues of great public importance were raised at the public hearing:
o The Commission recommended that the State Government instead of outsourcing the cleaning of hospitals and dispensaries should fill the vacant posts to give jobs to persons coming from the Balmiki community as per the Lad-Page Committee recommendations as well as the Government Resolution dated 21st October, 2011. Similar relief was also given to Safai Karamcharies in Jalgaon Mahanagar Palika.
o It was also brought to notice that in 213 secondary schools in district Sholapur, the SC students had not received the scholarships for the year 2011-2012. The Commission recommended that the schools should disburse the scholarship to the eligible students within a month.
o The Commission was informed that Sickle Cell Disease had not been included in the eligibility criteria to define a disabled person in the RPWD Bill, 2012. The Commission recommended to the Central government to consider inclusion of Sickle Cell Disease in the list of diseases in RPWD Bill, 2012 as it is also a disease of blood disorder like Thalassemia.
o The Commission also took notice of the plight of those persons who have been occupying government land for decades and yet their possession has not been regularized. A recommendation was made to the State Government to regularize their possession in accordance with the directions issued by the Hon'ble Supreme Court.
In many matters relating to housing/land schemes, the Commission could not give relief to the complainants as their matter was subjudice.
On 31st January, 2013, the Commission had a meeting with NGOs at Sahyadri Guest House in Mumbai. It was pointed out that the Chairperson of the State Human Rights Commission had not been appointed. The Commission was also informed that the meeting of the State Vigilance Committee had not taken place for a long time. Ms. Medha Patkar apprised the Commission of the subhuman conditions in which the slum dwellers of Mumbai were living. She stated that Section 5 of the Slums Act was not being properly implemented and basic amenities were not available to the slum dwellers. There was massive corruption in Slum Rehabilitation Scheme. She urged the Commission to send a Special Rapporteur to inquire into the housing rights of Dalits.
Another NGO brought to the notice of the Commission that Tanta Mukti Scheme which had been launched by an executive order was prejudicial to the interests of the SCs because they had no voice at the village level and decisions were taken under the influence of mighty upper caste persons. Another NGO appealed that the State Government be asked to launch a media campaign against untouchability. The issue of proper treatment to denotified and nomadic tribes was also raised by several NGOs at the meeting.
The Chief Secretary of the Govt. of Maharashtra promised to look into the issues raised and take corrective action as required. He also assured that an appraisal of the Tanta Mukti Scheme would be made. DGP, Maharashtra informed the Commission that a circular for strict compliance of Section 154 Cr. P.C. had been already issued. He assured the Commission that the circular would be reiterated and necessary directions would be given to the police officers at district level, especially with regard to implementation of SC & ST (PoA) Act, 1989.
Later, media was briefed at a press conference about the outcome of the open hearings.
He said that the Commission has no adversarial role to the functioning of State governments. It is there to help them in good governance. He said that in this sense, four open hearings in Odisha, Gujarat, Tamil Nadu and Rajasthan, prior to Maharashtra, were very rewarding.
The cases were heard by the Members Justice Shri B.C. Patel and Shri Satyabrata Pal. More than 200 complaints were closed (disposed of).
People came from far flung areas to attend. The Commission, however, noted that the response of officers of the State Government was poor, except in four or five districts. In some cases, the Commission even directed the State Government to reimburse the travelling expenses of the complainants.
The complaints received by the Commission touched upon various issues like forcible disposse-ssion of the SC's from their land, denial of benefits of social welfare schemes, discrimination, malpractices of revenue authorities, non-payment of retiral benefits, non issue of caste certificates, etc.
Notices of the complaints were issued to the State Government. On receiving them, the State Government issued BPL cards to some persons and in some cases caste certificates were also issued. Some persons, whose salary had been withheld or who had not received retiral benefits, were given relief by the Commission.
Some issues of great public importance were raised at the public hearing:
o The Commission recommended that the State Government instead of outsourcing the cleaning of hospitals and dispensaries should fill the vacant posts to give jobs to persons coming from the Balmiki community as per the Lad-Page Committee recommendations as well as the Government Resolution dated 21st October, 2011. Similar relief was also given to Safai Karamcharies in Jalgaon Mahanagar Palika.
o It was also brought to notice that in 213 secondary schools in district Sholapur, the SC students had not received the scholarships for the year 2011-2012. The Commission recommended that the schools should disburse the scholarship to the eligible students within a month.
o The Commission was informed that Sickle Cell Disease had not been included in the eligibility criteria to define a disabled person in the RPWD Bill, 2012. The Commission recommended to the Central government to consider inclusion of Sickle Cell Disease in the list of diseases in RPWD Bill, 2012 as it is also a disease of blood disorder like Thalassemia.
o The Commission also took notice of the plight of those persons who have been occupying government land for decades and yet their possession has not been regularized. A recommendation was made to the State Government to regularize their possession in accordance with the directions issued by the Hon'ble Supreme Court.
In many matters relating to housing/land schemes, the Commission could not give relief to the complainants as their matter was subjudice.
On 31st January, 2013, the Commission had a meeting with NGOs at Sahyadri Guest House in Mumbai. It was pointed out that the Chairperson of the State Human Rights Commission had not been appointed. The Commission was also informed that the meeting of the State Vigilance Committee had not taken place for a long time. Ms. Medha Patkar apprised the Commission of the subhuman conditions in which the slum dwellers of Mumbai were living. She stated that Section 5 of the Slums Act was not being properly implemented and basic amenities were not available to the slum dwellers. There was massive corruption in Slum Rehabilitation Scheme. She urged the Commission to send a Special Rapporteur to inquire into the housing rights of Dalits.
Another NGO brought to the notice of the Commission that Tanta Mukti Scheme which had been launched by an executive order was prejudicial to the interests of the SCs because they had no voice at the village level and decisions were taken under the influence of mighty upper caste persons. Another NGO appealed that the State Government be asked to launch a media campaign against untouchability. The issue of proper treatment to denotified and nomadic tribes was also raised by several NGOs at the meeting.
The Chief Secretary of the Govt. of Maharashtra promised to look into the issues raised and take corrective action as required. He also assured that an appraisal of the Tanta Mukti Scheme would be made. DGP, Maharashtra informed the Commission that a circular for strict compliance of Section 154 Cr. P.C. had been already issued. He assured the Commission that the circular would be reiterated and necessary directions would be given to the police officers at district level, especially with regard to implementation of SC & ST (PoA) Act, 1989.
Later, media was briefed at a press conference about the outcome of the open hearings.