NHRC’s Annual Report for the year 1998-99 tabled in the Parliament Commission raises fundamental questions of equity and justice in the country calls for policies for ensuring economic and social rights
The Annual Report of the National Human Rights Commission for the year 1998-99 placed on the table of the Rajya Sabha on 19 December 2000 and the Lok Sabha on 20 December 2000 by the Central Government along with the Action Taken Report. This was the sixth Annual Report of the Commission, which has been sent to the Government in October 1999.
Due to significant delays in tabling consecutive annual reports of the Commission, it has reiterated its recommendation that they should normally be placed before the Parliament, together with the required Action Taken Memoranda not later than the session immediately following submission of the Report. In this sphere, the Commission also recommended the amendment of the Protection of Human Rights Act, 1993 to enable the Commission to make the report public in case of it not being tabled within three months of the Commission’s submission.
In the period under review, the Commission has received 40,723 complaints, 54 per cent of which were accounted for by the State of Uttar Pradesh alone -- which is still without a state level Human Rights Commission. The Commission feels that to meet the growing expectation for swift and just redressal of human rights grievances, early setting up of State Human Rights Commissions is absolutely necessary. It has called for a greater political will at the State level, combined with encouragement of the Central Government and the major political parties to proceed conclusively in this direction.
There is a clear correlation between lack of literacy, especially of the girl child, and infant mortality rates, mal-nutrition, and an adverse sex ratio. The Commission has, therefore, with increased stridency urged policies in the economic and social sector that are truly responsive to the needs of the most vulnerable in the society; free and compulsory education up to the age of 14; primary health facilities; food and nutritional standards – and all that is necessary for ensuring a life with human dignity.
Raising fundamental questions of equity and justice in the country, the Commission has given major recommendations for the protection of the rights of the Dalits, the displaced populations specially tribals, by mega projects, children subjected to child labour, child prostitution, women subjected to violence and discrimination and minorities subjected to religious intolerance. It has also stressed on the right to development, which provides the integral link between civil and political rights and economic, social and cultural rights.
The Commission has reviewed the human rights violations in areas of terrorism and insurgency and has recommended that the menace of terrorism must be fought not only by armed and police forces but also at eh political, economic and social level, in a manner that respected human rights, whatever the difficulties this may entail. It has also recommended for more transparency in dealing with those who may have been guilty of human rights violation. In this sphere, it has reiterated its recommendation to amend the Act bringing the army and paramilitary forces within the purview of the Commission, as were the police forces under the respective state governments. It feels that it will act to the credibility and transparency of the armed forces in the conduct of their operations and also discourage unwarranted and propagandist charges against them. The Commission has also recommended that security forces, when called upon to act in aid of civil authority must continue to do so in close coordination with the civil administration. Violations of human rights are far less likely to occur when the role and responsibilities of the civil authorities under the law are fully respected, not least in respect of cordon and search operations, arrest, interrogation and detention.
The Commission has called for a time bound programme to be embarked upon for the speedy clearance of criminal cases in the courts. It has made a number of recommendations in this regard and in the sphere of curbing custodial violence. To keep the institutions of government in good repair and to stress the importance of probity, civility and tolerance, the Commission has made a number of recommendations to reform of the police, the custodial justice system and the criminal justice system.
The other major issues which the Commission has focused in this Annual Report are: the widespread prevalence of child marriage in certain parts of the country, prevalence of maternal anaemia and the resultant disabilities caused to children, fate of those displaced by mega projects, prevalence of child labour in a number of industries in the country, the grave issue of child prostitution, prevalence of bonded labour, the unsatisfactory conditions prevailing in mental hospitals in the country, the inhuman and degrading practice of manual handling of night soil, the problems of Denotified and Nomadic Tribes and the lack of human rights education in the country. Attention of the Governments has been called for in these areas and far-reaching recommendations have been made by the Commission to help them tackle these problems.
In the period under review, the Commission witnessed a 9.6 per cent increase in the total cases registered in the Commission which it felt reflected, both are heightened awareness of human rights in the country as well as the hope and belief that the Commission would act promptly and impartially to secure the redressal of grievances. In this year, the Commission considered 53,711 cases. 47,061 cases were disposed off. The disposal of cases was 150 per cent more in 1998-99 compared to the previous year. The Commission believes that the disposal of cases could have been even better had there been prompter and fuller responses to the notices of the Commission by the State authorities.
Due to significant delays in tabling consecutive annual reports of the Commission, it has reiterated its recommendation that they should normally be placed before the Parliament, together with the required Action Taken Memoranda not later than the session immediately following submission of the Report. In this sphere, the Commission also recommended the amendment of the Protection of Human Rights Act, 1993 to enable the Commission to make the report public in case of it not being tabled within three months of the Commission’s submission.
In the period under review, the Commission has received 40,723 complaints, 54 per cent of which were accounted for by the State of Uttar Pradesh alone -- which is still without a state level Human Rights Commission. The Commission feels that to meet the growing expectation for swift and just redressal of human rights grievances, early setting up of State Human Rights Commissions is absolutely necessary. It has called for a greater political will at the State level, combined with encouragement of the Central Government and the major political parties to proceed conclusively in this direction.
There is a clear correlation between lack of literacy, especially of the girl child, and infant mortality rates, mal-nutrition, and an adverse sex ratio. The Commission has, therefore, with increased stridency urged policies in the economic and social sector that are truly responsive to the needs of the most vulnerable in the society; free and compulsory education up to the age of 14; primary health facilities; food and nutritional standards – and all that is necessary for ensuring a life with human dignity.
Raising fundamental questions of equity and justice in the country, the Commission has given major recommendations for the protection of the rights of the Dalits, the displaced populations specially tribals, by mega projects, children subjected to child labour, child prostitution, women subjected to violence and discrimination and minorities subjected to religious intolerance. It has also stressed on the right to development, which provides the integral link between civil and political rights and economic, social and cultural rights.
The Commission has reviewed the human rights violations in areas of terrorism and insurgency and has recommended that the menace of terrorism must be fought not only by armed and police forces but also at eh political, economic and social level, in a manner that respected human rights, whatever the difficulties this may entail. It has also recommended for more transparency in dealing with those who may have been guilty of human rights violation. In this sphere, it has reiterated its recommendation to amend the Act bringing the army and paramilitary forces within the purview of the Commission, as were the police forces under the respective state governments. It feels that it will act to the credibility and transparency of the armed forces in the conduct of their operations and also discourage unwarranted and propagandist charges against them. The Commission has also recommended that security forces, when called upon to act in aid of civil authority must continue to do so in close coordination with the civil administration. Violations of human rights are far less likely to occur when the role and responsibilities of the civil authorities under the law are fully respected, not least in respect of cordon and search operations, arrest, interrogation and detention.
The Commission has called for a time bound programme to be embarked upon for the speedy clearance of criminal cases in the courts. It has made a number of recommendations in this regard and in the sphere of curbing custodial violence. To keep the institutions of government in good repair and to stress the importance of probity, civility and tolerance, the Commission has made a number of recommendations to reform of the police, the custodial justice system and the criminal justice system.
The other major issues which the Commission has focused in this Annual Report are: the widespread prevalence of child marriage in certain parts of the country, prevalence of maternal anaemia and the resultant disabilities caused to children, fate of those displaced by mega projects, prevalence of child labour in a number of industries in the country, the grave issue of child prostitution, prevalence of bonded labour, the unsatisfactory conditions prevailing in mental hospitals in the country, the inhuman and degrading practice of manual handling of night soil, the problems of Denotified and Nomadic Tribes and the lack of human rights education in the country. Attention of the Governments has been called for in these areas and far-reaching recommendations have been made by the Commission to help them tackle these problems.
In the period under review, the Commission witnessed a 9.6 per cent increase in the total cases registered in the Commission which it felt reflected, both are heightened awareness of human rights in the country as well as the hope and belief that the Commission would act promptly and impartially to secure the redressal of grievances. In this year, the Commission considered 53,711 cases. 47,061 cases were disposed off. The disposal of cases was 150 per cent more in 1998-99 compared to the previous year. The Commission believes that the disposal of cases could have been even better had there been prompter and fuller responses to the notices of the Commission by the State authorities.