NHRC'S REGIONAL MEETING WITH SOUTHERN STATES AT BENGALURU (15TH-16TH SEPTEMBER, 2010)

New Delhi, September 16th, 2010


" Two-day Regional meeting of the National Human Rights Commission with Southern states (Kerala, Karnataka, Andhra Pradesh and Tamil Nadu) was held in Bengaluru on 15-16th September 2010.

" Meeting attended by the Chief Secretary and DGP, Andhra Pradesh; the Addl. Chief Secretary and DG &IGP, Karnataka, the Addl. DGP and Secretary (Public) Tamil Nadu and the DGP and Addl. Chief Secretary, Kerala as well as DMs and SSPs of the concerned districts of the States.

" The proceedings started with the Full Commission meeting, presided over by Member Justice Shri B.C. Patel. Shri Satyabrata Pal and Shri P.C. Sharma were other members, constituting the Bench. Thereafter, the cases were taken up by two Division Benches and three Single Member Benches.

" During the day long sitting of the Commission, total 92 cases from four states were taken up. The Commission recommended monetary relief to the tune of Rupees Nineteen lakhs Eighty Thousand (19,80,000) in nine cases from the four states and disposed of 22 cases.

" The Full Commission Bench considered six cases- Andhra Pradesh (3), Karnataka (2) and Tamil Nadu (1).

" In a case of death in police custody in Karnataka, the Commission, on consideration of the reports received from the authorities and hearing the Officers representing the State, held that the death occurred due to negligence of the police. The Commission awarded an interim relief of Rs.3,00,000/- to the next of kin of the deceased-Srinivas of Kolar.

" In another case of child labour in Bellary mines, based upon the reports of its Investigation Division, the Commission rejected the claim of the State that there is no child labour involved. The Commission drew the attention of the State authorities to their own earlier reports and directed the Addl. Chief Secretary to re-examine the whole issue and ensure that benefits under the Child Labour laws are made available to the victim children. The Commission also took strong exception to the faulty investigation, leading to large-scale acquittals.

" From Andhra Pradesh, the case of bonded labour in stone quarries came up for consideration. The Commission underlined the need for appointment of more prosecutors and special court and the Chief Secretary of the State assured the Commission to pursue the matter.

" The Commission also closed two cases, one each from Andhra Pradesh and Tamil Nadu, on receipt of compliance reports from the State authorities, providing proof of payment as per recommendations of the Commission.

" In the The Commission discussed the issues regarding police action/inaction, non forwarding of the reports, custodial death cases and encounter death cases, compliance cases, bonded labour cases, child labour cases during the inter-action with the Chief Secretaries, DGPs, DMs, SSPs and other senior officers of the four states.

" The Commission directed the State authorities to send timely reports to enable the Commission to dispose of the matters quickly.

" The State authorities were asked to adhere to the guidelines issued by the Commission from time to time on encounter deaths, custodial deaths and other issues.

" The State authorities were requested to focus on prevention of death in police custody and to conduct compulsory medical check-up of all inmates at the time of entry to the jail.

" The Commission emphasized on immediate departmental action against the concerned officers responsible for human rights violations.

" For quick disposal of the cases, it has been proposed to hold video conferencing between the NHRC and State Governments on quarterly basis.

" In future, a copy of the directions of the Commission will also be sent to the Nodal Officer for better coordination.

" On the second day of the meeting, the pending issues of bonded labour, tribals, rights of elderly persons, mental health, juvenile justice were discussed with the Chief Secretaries and concerned officers of the respective States.

" States were directed to send reports regularly to the Commission on bonded labour for quick action in the cases.

" They were also asked to send information regarding the total old age population in the States, the amount given per person under OAPS and the action taken by the Government to take care of health and physical problems of older persons regularly.

" The States have also been urged to send reports on overall conditions in mental hospitals, status of implementation of district mental health programme to the Commission on regular basis and also monitor the status of proposal of mental hospitals and district hospitals pending with the State Government for augmenting facilities.

" The States were also reminded to adhere to the questionnaire/reporting format on juvenile justice system, circulated by the Commission in order to know the progress made in the implementation of Juvenile Justice (care and protection of Children) Amendment Act, 2006, and send timely reports to the Commission.

" During the inter-action with the local NGOs, the Commission urged for more cooperation from the NGOs to strengthen the relationship as it considers the NGOs to be its eyes and ears and expects them to act as the 'bridge' between civil society and the Commission to draw its attention to the violations of human rights.

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