Important Intervention

Spate of attacks on political party workers and their killings
(Case No. 52/11/0/2017)
T
he National Human Rights Commission, in the wake of media reports and complaints of spate of attacks on political party workers and their killings in Kerala, has asked the State Government, through its Chief Secretary and Director General of Police, to take effective steps to stop them and submit a detailed report in the matter.
The Commission has observed that the crucial point is whenever such incidents happen, a precious human life is lost. The brutal killings of the party workers are indicative of poor state of law and order situation in the State of Kerala. There is an urgent need to curb the ongoing violence, which amounts to violations of Right to Life of the victims.
The Commission has also observed that the difference of opinion and healthy criticism is an integral part of a multi-party democratic political system but bloodshed in the name of political and ideological differences is neither ethical nor acceptable in a civilized society.
Earlier also, on the 25th January, 2017, the Commission had taken suo-motu cognizance of the violent attacks and called for a report from the Chief Secretary, Government of Kerala along with the specific information on such incidents and relief granted to the victims of violence or their
families.
A detailed report had been received from the Kerala Police Chief stating that the members of any particular party only are not being murdered or attacked in the State of Kerala but in some political issues, members of all parties have been attacked. The Commission also received a report from the Additional Chief Secretary, Government of Kerala vide a communication dated 4th May, 2017.
Upon perusal of these reports, the Commission on the 12th June, 2017, directed the DGP, Kerala to submit a list of cases regarding murders on the political party workers or attacks on them. The report is yet to be received.
In the meantime, with media reports about no improvement in the situation, the Commission on the 3rd August, 2017 decided to take once again suo-motu cognizance of such violent incidents.
Apart from this, the Commission also registered a case on the complaint of Shri Kummanam Rajashekaran, BJP State President, Kerala. He had specifically mentioned incidents of vandalizing the State BJP office at Thiruvananthapuram on the 28th July, 2017 and killing of an RSS worker on the 29th July, 2017. The Commission on the 31st July, 2017 directed for an on the spot enquiry by its own team.






Issue of deportation of illegal Rohingya immigrants
(Case No. 447/90/0/2017)
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he National Human Rights Commission has taken suo motu cognizance of media reports regarding the plans of the Government of India to deport about 40,000 illegal Rohingya immigrants from Myanmar, who are residing in various parts of the country. It has issued a notice to the Union Home Ministry, through its Secretary, calling for a detailed report in the matter.
The Commission has observed that they are no doubt foreign nationals but they are human beings and before taking a big step, the Government of India has to look into every aspect of the situation, keeping the fact into focus that the members of the Rohingya community, who have crossed into the Indian borders and are residing here for long, have a fear of persecution back home. The Commission has held that from the human rights angle, its intervention is appropriate in the matter.
The Commission has also observed that the Supreme Court of India has consistently held that the Fundamental Rights enshrined under Article 21 of the Indian Constitution regarding Right to Life and Personal Liberty, apply to all, irrespective of the fact, whether they are citizens of India or not.
It further noted that India has been home to refugees, for centuries. It has continued to receive a large number of refugees from different countries. India is not a signatory to the 1951 Convention on Refugees and also the 1967 Protocol. But India is a signatory to a number of other United Nations and World Conventions on Human Rights. Till today, the country has evolved a practical balance between human and humanitarian obligations on the one hand and security and national interest on the other.
According to the media reports, the Rohingyas, who fled to India after violence in the Western Rakhine State of Myanmar, have settled in Jammu, Hyderabad, Haryana, Uttar Pradesh, Delhi-NCR and Rajasthan States of the country.
The Government is, reportedly, planning to set up "detention centres" for the refugees and if required, "push them back" over the India-Myanmar border, if Myanmar refuses to accept the refugees back. According to the reported 'Advisory' issued by the Union Home Ministry, the State Governments have been told that the powers to identify and deport the foreign nationals, staying illegally in the country, have been delegated to them and that they should sensitize all law enforcement and intelligence agencies about the risk from the Rohingyas.