NHRC’s Annual Report for 1997-98 tabled in Parliament

The Annual Report of the National Human Rights Commission for the year 1997-98 was placed on the table of the Rajya Sabha on 1 March 2000 and of the Lok Sabha on 8 March 2000 by the Central Government, together with the Action Taken Report. This was the fifth Annual Report of the Commission and reiterated the Commission’s conviction that there was an integral relationship between the proper promotion and growth of civil and political rights and the furtherance of economic, social and cultural rights. The Commission called for good governance and a firm commitment to policies of equity and justice. The Report observed, "It greatly diminishes the dignity and worth of vast numbers of the people of India as long as the situation is allowed to persist where the numbers of those affiliated by illiteracy increases each year, to a point where it now exceeds the population of the country at the time of independence, a situation in which over 60 million children between the age group 6 – 14 years do not attend school, but in which many lose their youth – and often their lives - in child labour." The Report added that one-third of the world’s poor were Indian, who lacked clean drinking water, basic sanitation and minimum standards of health care, food and nutrition. It took the view that the persistence of such a situation constituted a failure of governance, which had to be urgently remedied, "for it is on the pillars of good governance – and a firm commitment to policies of equity and justice - that the promotion and protection of human rights, in the final analysis, rests."

The Report noted that there had been a dramatic rise in the number of complaints received by the Commission, which rose from 20,800 in 1996-97 to 36,800 in 1997-98, an increase of nearly 77 per cent. As against 16,823 cases considered by the Commission in 1996-97, it considered 27,289 cases in 1997-98, an increase of 62 per cent. In the same period, the Supreme Court of India remitted to the Commission certain complex issues, having serious human rights implications. These included the grave and persistent problem of bonded labour in the country, the starvation deaths in Orissa and the proper running of mental institutions and protective homes in Agra, Gwalior and Ranchi.

The Commission reiterated its recommendation that the para-military forces and the army should report directly to the Commission any instance of rape/death that might have occurred to a person in their custody. The Memorandum of Action taken, presented by the Government to the Parliament with the Commission’s Annual Report of 1996-97, did not deal with this specific recommendation of the Commission. That is why the Commission reiterated this recommendation which, it felt, would add 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 received reports of custodial violence from all parts of the country. During the year 1996-97, 188 deaths in police custody and 700 deaths in judicial custody were reported to the Commission. In the year 1997-98, however, the figures reported to the Commission were 193 deaths in police custody and 819 deaths in judicial custody. The overall increase in the number of custodial deaths reported in 1997-98 when compared to the year before was not marked. In fact, the number of deaths in police custody showed a decline in a number of States. But the figures in Bihar, Kerala, Orissa, Madhya Pradesh, Punjab, Rajasthan, Tamil Nadu, West Bengal and Delhi showed notable increase, with the increase being marginal in Assam, Karnataka and Pondicherry. In this context, the Commission recommended that early action be taken on the suggestions of the Indian Law Commission to effect a change in the Indian Evidence Act, 1872 to introduce a rebuttable presumption that injuries sustained by a person in police custody may be presumed to have been caused by a police officer. In the light of allegations of brutality in custody, the Commission urged the Government to ratify the 1984 UN Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment.

The Commission stressed the need for essential changes in the character and method of the functioning of the police and made specific proposals to this end. It urged the Government to act upon certain essential recommendations of the Second Police Reforms Commission. Highlighting the need for insulation of the investigative role of the police from extraneous pressures, it called for important structural reforms in the administration and functioning of the police, specifying the precise nature of the changes required. The Commission also made clear-cut recommendations for the better training and modernistation of the force.

To take stock of and address conditions prevailing in the jails in the country and to address complaints of mismanagement and custodial violence, the Commission organised visits to a number of jails. It analysed the causes of death in jail custody, drafted guidelines for better safeguarding the human rights of prisoners and reviewed cases of undertrial prisoners eligible for release in terms of orders of the Supreme Court. It also nominated a group of specially selected persons to the Government of Maharashtra for appointment as Jail Visitors in the State.

The Commission expressed dissatisfaction that the organisational structure that was to be set up under the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 had been delayed, observing that the will to undertake the effective implementation of the Act was not visibly manifest. It strongly urged the Central as well as the State Governments to give the required level of attention to the full and proper implementation of the Act.

Conditions in many of the mental hospitals in the country were far from satisfactory. The human rights of the mentally ill emerged as a growing concern of the Commission. The Commission observed that a mentally ill person had the right to bodily integrity, privacy, appropriate treatment, protection from cruelty and involuntary servitude and a right to community and family life. While the Constitution of India recognised the right to equal status of the mentally ill, many of these rights were denied to the hospitalised mentally ill. With a view to improving conditions of mental hospitals in the country and enhancing awareness of the rights of those with mental disabilities, the Commission entrusted a research project entitled "Quality Assurance of Mental Hospitals" to the National Institute of Mental Health and Neuro Sciences, Bangalore.

The Commission also gave its attention to the grave question of the human rights of those who may affected by HIV/AIDS, following a complaint that it received from an NGO in Andhra Pradesh which reported that more than 500 sex workers from various localities of Mumbai had been forcibly subjected to HIV testing by the police. This had been done without their consent and without providing any counseling to them.

The Commission noted that political parties can play a key role in the protection and promotion of human rights. It emphasised that there was need for exercise of greater restraint and moderation by political parties when dealing with the issues having sensitive human rights connotations. All groups must turn away firmly from incitement to violence in the name of caste, language and religion. It asked political parties to establish a clear code of conduct to govern the behaviour of their cadres in matters affecting the human rights of the people of this country, and to deal severely with any transgressions of such a code.