NHRC's three day Open Hearing and Camp Sitting in Bihar concludes with recommendations for monetary relief in many cases (23.4.2016)

PRESS RELEASE

New Delhi, 23rd April, 2016

The three day Camp Sitting/Open Hearing of the National Human Rights Commission, inaugurated by its Chairperson Justice Shri H. L. Dattu on 21st April, 2016, concluded today with the meetings with NGOs and senior officers of the State Govt.

In his inaugural address, Justice Shri H. L. Dattu while applauding the efforts made by the State Government, also pointed out deficiencies in certain areas like manual scavenging, rights of women and children, health facilities, hazardous cleaning, implementation of Right to Education Act, etc.

On the 21st April, 2016, during the Open Hearing, 67 cases pertaining to grievances of the persons belonging to Scheduled Castes were taken up by three single member benches of Justice Shri Cyriac Joseph, Justice Shri D. Murugesan and Shri S.C. Sinha, respectively. Out of the 67 cases, 30 cases were finally disposed of. In a number of cases, after the intervention of the Commission, the complainants were provided relief. Some important cases of relief includes, payment of SC scholarship under government schemes, to three SC students after the intervention of the Commission; payment of monetary relief to the tune of Rs.4,42,500/- under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 after the intervention of the Commission, giving relief to the SC villagers, who were casting their vote in the village other than their own and facing problems, by recommending to the government to allow them to vote in their own village, recommending linking of the passage of SC village to the main road as required under the government scheme, recommending the Bihar government to give physical possession of land to an SC person who has not been given the same despite having been allotted land under a Government scheme.

On the 22nd April, 2016, during the Camp Sitting, the Full Commission took up 11 cases. Three cases were closed after payment of compensation of Rs. 4,71,250 to the victims/NOK of the deceased, on the directions/intervention of the Commission. In one case, the Commission has recommended Rs One lakh as compensation to the victim of false implication by the police. In another case of rape of a deaf and dumb woman, on the recommendation of the Commission, the State has created a corpus of rupees one lakh to utilize the same for the benefit of the victim. In a case of quarrel between upper caste and persons belonging to Schedule Castes, in addition to the relief of Rs.6,93,000/- already paid by the Government in case of one death and injury to 52 persons, the Commission pointed out a case of death of one more victim during treatment, which was not in the knowledge of the State Government despite having reported the same to the Commission. The Commission recommended payment of monetary relief to the widow in terms of SC/ST (POA) Rules. In a case, 247 child/bonded labourers were rescued from Delhi in year 2005/2006 and Rs.61,50,000/- was paid by Govt. of Delhi to the Govt. of Bihar for their rehabilitation. Since this amount remained unutilized, the Commission recommended to the State Government to frame a policy as to how this amount can best utilized for the benefit of the child labourers. The Commission also recommended the State Govt. to take immediate steps for payment of relief under the Bonded Labour System (Abolition) Act to the rescued labourers. In a reported case of deaths due to Cancer in Darbhanga district, the Commission was informed that seven Arsenic removal plants have been sanctioned to be set up in the district and that they have initiated a survey to identify arsenic affected areas. The Commission has recommended to associate the Health department in the survey.

In the two Division Benches, the Commission took up ten cases. Three cases were closed after the victims/NoKs of the deceased were paid compensation of Rs.8,25,000/-, in compliance to the directions of the Commission. In one case of Encounter death, the Commission was not satisfied with the report of the CBCID and has recommended the concerned authority to submit a further detailed report.

On the 23rd April, 2016 the Commission had an interaction with the NGO's. They raised issues relating to rehabilitation of bonded labour, lack of impartial of social audit of Govt. schemes, deficiency in ICDS service, Non-implementation of Supreme Court Guidelines regarding reservation of 25 per cent seat for economically back ward children in private schools, inadequate supply of ration under PDS, forceful eviction of street vendors and urban poor, non-payment of MNREGA wages on time. The Chairperson thanked the NGOs and assured them that the issue arising from the meeting shall be taken up in the meeting with the senior officers of the Govt.

In the meeting with the senior officers of the State, Chairperson, NHRC, highlighted several issues including timely submission of reports by the concerned authorities. He also highlighted issue of proper implementation of the Bonded Labour (Abolition) Act, 1976. There was a need to set up Vigilance Committees in districts where they are not set up. There is also a need for sensitization of the officers so that they implement the Act/schemes properly and monitor the rehabilitation of bonded/child labour. The need for guidelines for rehabilitation and payment of funds was also discussed.

It was also clarified by the Commission that non-payment of minimum wages is the first threshold test for bonded labour.

The Commission also discussed the findings of the Commission's teams after their visit to the districts of East Champaran, Jamui, Katihar and Bhojpur for monitoring implementation of Govt. programmes/schemes. They include shortcomings in the implementation of Sarva Shiksha Abhiyan, mid-day meal scheme, non-functioning of sub-centres and faulty x-ray machines, problems relating to Anganwadis. The Commission is obviously concerned about sub-optimality in the institutions and schemes such as education, PDS, MNREGA and HEALTH and will share the spot enquiry reports with the State Govt. to have meaningful intervention to improve their implementation.

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