Directions issued to Gujarat Government on relief and rehabilitation to the quake affected

The Commission has taken suo-motu cognizance of the national calamity arising from the devastating earthquake on 26 January 2001, which hit large areas of Gujarat. In order to participate in the effort to prevent any further violation of the human rights of those affected, and to focus greater attention on the weaker and disadvantaged section of society, the Commission, on 28 May 2001, made a series of directions and recommendations to the Gujarat Government.



The major directions of the NHRC are that the State Government should hasten the progress of rehabilitation work and ensure that, before the monsoon breaks, temporary shelters are provided to all quake-affected people. It should complete enumeration of orphan children, destitute women, elder citizens and draw up an action plan for providing relief and rehabilitation, taking special care of those belonging to the marginalized section of society. The Government has also been directed to ensure that a mechanism is set up by which the case of each orphaned child is monitored on a long-term basis and officials are sensiitized to prevent any kind of exploitation of the children. Any policy providing for adoption should take into consideration the revised Guidelines for Adoption of Indian Children, 1995, as laid down by the Supreme Court, seek advice and assistance of the Central Adoption Resource Agency and be sensitive to the communities’ views on adoption of children.



The Commission has desired that there should be no discrimination against any section of the population while providing relief and rehabilitation assistance. In view of the fact that a large number of people have been injured, the Government should come forward with a plan of long-term relief and rehabilitation for those orthopaedically affected, with special reference to amputees and those suffering from partial/permanent incapacitation.



The State Government has also been asked to empower an officer stationed at Bhuj with sufficient powers to sort out the problems of the affected people at the district level itself, thus ensuring expeditious redressal of grievances and an increase in the credibility of performance.



The Commission is concerned that the Dalits who have migrated to areas near Bhuj from areas north of the District, for better economic opportunities, are being asked to go back. The State Government has been asked to ensure that the return of the Dalits to their villages be entirely voluntary.



The Government has also been directed to review the building by-laws, update them and ensure their proper implementation.



Besides these directions, the Commission has recommended to the State Government to issue family identity cards to ensure that assistance goes to the right people; associate NGOs, prominent citizens, philanthropic organizations in a formalized cooperation in each affected area and in each Taluk of the affected districts. A plan to set up HAM Radio Clubs in schools/colleges in the quake/ cyclone prone areas of the State is to be formulated to have a better communication system in case of a major calamity.



The State has been advised to raise a Special Battalion in the nature of a Rapid Action Force specialized in providing sophisticated relief and rehabilitation assistance. There was also a need for an elaborate Disaster Management Plan for the future to prevent panic or knee-jerk reactions and to ensure coordination in the performance of all.



Drawing the attention of the State Government to reports of unequal relief/rehabilitation efforts in the different affected districts, it has been asked to ensure that rehabilitation assistance and plans are made available in adequate measure to the neglected areas also.



In order to monitor closely the follow-up action being taken by the Gujarat Government to implement its directions and to act upon its recommendations, the Commission has set-up a monitoring group consisting of Shri P.G.J. Nampoothiri, Special Representative of NHRC in Gujarat, Shri Gagan Sethi, Managing Trustee, Jan Vikas Trust, Smt. Annie Prasad, President of Kutch Mahila Sangathan and Professor Anil Gupta of IIM, Ahmedabad. The monitoring group will report periodically to the NHRC on the level of compliance of its directions; any case of discrimination based on caste, community and religion; grievances of the affected population and transparency or lack of it in action and free-flow of information to affected persons and agencies involved in rehabilitation work.



The Commission’s directions come after a detailed survey of the relief and rehabilitation measures by its Secretary General and its Special Representative who visited the affected areas. The Chairperson of the Commission, Justice J.S. Verma, also visited the affected areas on 18 May 2001 to apprise himself first-hand about the relief and rehabilitation measures.



The Commission has received a copy of the judgment dated 17 February 2001 of the Gujarat High Court in the case of Bipinchandra J. Diwan vs. State of Gujarat, and was gratified to note that the High Court has sent a copy of its order to this Commission for “necessary action and intervention if necessary in redressing the complaints of violation of human rights in accordance with the provisions of section 12 (b) of the Protection of Human Rights Act, 1993.” The High Court has also associated the District Judge in each District as an Ombudsman to receive complaints from affected persons and to take these up with the authorities in order to provide quick relief and an immediate activating of the legal aid system.



Copies of the order of the Commission have been sent to the Chief Minister of Gujarat, Chief Secretary, Revenue Secretary, Relief Commissioner, Secretary, Women and Child Development, Health Secretary, Secretary, Social Justice and Empowerment of the Government of Gujarat, Chief Executive of the Gujarat Disaster Management Authority, Central Relief Commissioner & Additional Secretary, Department of Agriculture and co-operation, Government of India and Secretary, Women and Child Development, Government of India.



The Prime Minister of India has also been apprised of the action taken by the Commission. A letter on this subject by the Chairperson, NHRC was sent to him on 28 May 2001.