NHRC recommends post-quake measures to Centre, J&K Government
New Delhi, 14 October 2005
Taking suo motu cognizance of the calamity arising from the devastating earthquake which hit large areas in Northern India and particularly the State of Jammu & Kashmir, resulting in unprecedented loss of life and property, the Commission vide its proceedings dated 10 October, 2005 directed a Team of the Commission comprising of Shri G.S. Rajagopal, Director General (Investigation), Shri Ajit Bharihoke, Registrar (Law) and Shri A.K. Parashar, Deputy Registrar (Law) to visit the affected areas in Kashmir and report about the relief and rehabilitation measures being taken so as to enable the Commission to take further steps, if necessary, for issuing appropriate guidelines to the concerned authorities of the Central and the State Government.
The NHRC Team, accordingly, visited Kashmir valley between 11 and 13 October 2005. The team held meetings with the Chief Secretary, the DGP, Additional DGP (HR) and other State officials besides the Corps Commander, the officials of the Central Government and some members of the Civil Society, including a sitting MLA and a former MLC. Apart from meeting officials of the Central agencies, security forces and the civil society, the team visited the areas of Tangdhar and Uri for on the spot assessment of relief and rehabilitation measures.
The team has apprised the Commission of the situation prevalent in the areas of Tangdhar and Uri in particular and in the valley in general. The team found that the Central Government and the State Government as also the security forces and civil society did rise to the occasion to provide some 'immediate relief' to the affected persons. In the assessment of the team the task of rehabilitation is quite a daunting one and more particularly, at this time of the year when the areas of Tangdhar and Uri are likely to be affected by the winter which is already setting in. According to the team of NHRC, immediate requirement of the affected families in these areas is that of shelter, keeping in view the onset of winter season. In the opinion of the team, unless shelters are provided to the affected persons immediately there is a possibility that people with weak constitution and children may suffer casualties due to diseases, which may occur from exposure to cold. Thus, immediate attention to the provision of shelter by the authorities is imperative. The team learned from the Civil Society as well as the authorities that some children had been apparently rendered orphans. According to the assessment by the team the possibility of parents of some such children being still alive could not be ruled out as some injured persons had been shifted for treatment elsewhere.
After taking into account, the assessment made by the NHRC team during their site visits and their discussions with the Civil Society and authorities, the Commission considers it appropriate to make the following recommendations with a view to facilitate the performance of the task of the State agencies arising out of the post-earthquake effects:
(i) That with a view to ensure equitable distribution of relief in kind it is desirable that the State Government considers having centralized collection and distribution centres at various places in the affected areas where relief material could be received from the NGOs, Civil Society and other private agencies. The material so received could thereafter be distributed equitably to all affected families;
(ii) Keeping in view that the winter is already setting-in, the Central Government and the State Government should take steps to ensure that building material required for repairing damaged property or restoring destroyed property is available at the affected places before the access to those areas is closed due to winter. This would enable the construction/reconstruction of the property to be undertaken at the earliest;
(iii) That since the number of tents required is more than what is physically available or immediately procurable despite best efforts of the Central and State Governments, it is desirable that where tents cannot be made available, temporary shelters in those affected areas are provided to the local population so that they may have relief from rain, snow and cold weather. These temporary shelters would be there till the buildings damaged or destroyed are restored. Essential amenities be provided in these temporary shelters for the local population;
(iv) The Central and State Government shall consider feasibility of constructing houses in the affected areas with pre-fabricated building material, which obviously would expedite the job of providing permanent shelters to the earthquake victims.
(v) In all such catastrophes, it is experience of the Commission that children and women are the worst affected. It is, therefore, necessary that the State Government prepares a computerized list of children who have been rendered orphan as also widows and young girls, not only with a view to provide rehabilitation to them but also to ensure that their vulnerability is not exploited by any one. This computerized list can also assist the Government and other agencies, who undertake the task of rehabilitation of the orphans/widows/young girls in their task; and,
(vi) Similarly, a computerized list of dead and missing persons be also prepared to enable their next of kin to claim proper relief.
These recommendations shall be communicated to the Secretary, Ministry of Home Affairs, Government of India and the Chief Secretary, Government of J&K for necessary action.
The Commission wishes to reiterate that in making these recommendations it is primarily guided by the factor that it is required to facilitate the tasks to be performed by the Central and the State Agencies and to bring in transparency in the matter of equitable distribution of relief and assistance to the orphans and widows/young girls and mitigate the suffering of the affected people.
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Taking suo motu cognizance of the calamity arising from the devastating earthquake which hit large areas in Northern India and particularly the State of Jammu & Kashmir, resulting in unprecedented loss of life and property, the Commission vide its proceedings dated 10 October, 2005 directed a Team of the Commission comprising of Shri G.S. Rajagopal, Director General (Investigation), Shri Ajit Bharihoke, Registrar (Law) and Shri A.K. Parashar, Deputy Registrar (Law) to visit the affected areas in Kashmir and report about the relief and rehabilitation measures being taken so as to enable the Commission to take further steps, if necessary, for issuing appropriate guidelines to the concerned authorities of the Central and the State Government.
The NHRC Team, accordingly, visited Kashmir valley between 11 and 13 October 2005. The team held meetings with the Chief Secretary, the DGP, Additional DGP (HR) and other State officials besides the Corps Commander, the officials of the Central Government and some members of the Civil Society, including a sitting MLA and a former MLC. Apart from meeting officials of the Central agencies, security forces and the civil society, the team visited the areas of Tangdhar and Uri for on the spot assessment of relief and rehabilitation measures.
The team has apprised the Commission of the situation prevalent in the areas of Tangdhar and Uri in particular and in the valley in general. The team found that the Central Government and the State Government as also the security forces and civil society did rise to the occasion to provide some 'immediate relief' to the affected persons. In the assessment of the team the task of rehabilitation is quite a daunting one and more particularly, at this time of the year when the areas of Tangdhar and Uri are likely to be affected by the winter which is already setting in. According to the team of NHRC, immediate requirement of the affected families in these areas is that of shelter, keeping in view the onset of winter season. In the opinion of the team, unless shelters are provided to the affected persons immediately there is a possibility that people with weak constitution and children may suffer casualties due to diseases, which may occur from exposure to cold. Thus, immediate attention to the provision of shelter by the authorities is imperative. The team learned from the Civil Society as well as the authorities that some children had been apparently rendered orphans. According to the assessment by the team the possibility of parents of some such children being still alive could not be ruled out as some injured persons had been shifted for treatment elsewhere.
After taking into account, the assessment made by the NHRC team during their site visits and their discussions with the Civil Society and authorities, the Commission considers it appropriate to make the following recommendations with a view to facilitate the performance of the task of the State agencies arising out of the post-earthquake effects:
(i) That with a view to ensure equitable distribution of relief in kind it is desirable that the State Government considers having centralized collection and distribution centres at various places in the affected areas where relief material could be received from the NGOs, Civil Society and other private agencies. The material so received could thereafter be distributed equitably to all affected families;
(ii) Keeping in view that the winter is already setting-in, the Central Government and the State Government should take steps to ensure that building material required for repairing damaged property or restoring destroyed property is available at the affected places before the access to those areas is closed due to winter. This would enable the construction/reconstruction of the property to be undertaken at the earliest;
(iii) That since the number of tents required is more than what is physically available or immediately procurable despite best efforts of the Central and State Governments, it is desirable that where tents cannot be made available, temporary shelters in those affected areas are provided to the local population so that they may have relief from rain, snow and cold weather. These temporary shelters would be there till the buildings damaged or destroyed are restored. Essential amenities be provided in these temporary shelters for the local population;
(iv) The Central and State Government shall consider feasibility of constructing houses in the affected areas with pre-fabricated building material, which obviously would expedite the job of providing permanent shelters to the earthquake victims.
(v) In all such catastrophes, it is experience of the Commission that children and women are the worst affected. It is, therefore, necessary that the State Government prepares a computerized list of children who have been rendered orphan as also widows and young girls, not only with a view to provide rehabilitation to them but also to ensure that their vulnerability is not exploited by any one. This computerized list can also assist the Government and other agencies, who undertake the task of rehabilitation of the orphans/widows/young girls in their task; and,
(vi) Similarly, a computerized list of dead and missing persons be also prepared to enable their next of kin to claim proper relief.
These recommendations shall be communicated to the Secretary, Ministry of Home Affairs, Government of India and the Chief Secretary, Government of J&K for necessary action.
The Commission wishes to reiterate that in making these recommendations it is primarily guided by the factor that it is required to facilitate the tasks to be performed by the Central and the State Agencies and to bring in transparency in the matter of equitable distribution of relief and assistance to the orphans and widows/young girls and mitigate the suffering of the affected people.
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