Year-end review 2003 NHRC

Year- end review 2003 NHRC

Human Rights Protection in 2003

New Delhi, 31 December 2003

Right to fair trial, protection of victims and witnesses, right to food, and review of legislations which impact on human rights and thousands of individual complaints of Human Rights violations engaged the attention of the National Human Rights Commission in 2003, the tenth year of its existence. A number of initiatives to protect the rights of the disabled and sensitization programmes for key stake holders on Human Rights related aspects in police work, bonded labour, Child labour, prisons and trafficking are other important highlights of its work in 2003.

During the calendar year 2003, total number of complaints received were 67842 as compared to 67836 of the previous year.

The Commission saw a change of guard with Dr. Justice A.S. Anand taking over as Chairperson from Justice J.S. Verma on 17 February 2003. One of its Members, Shri Virendra Dayal completed his second term on 15 November 2003, while two new Members Justice Shri Y. Bhaskar Rao and Shri R.S. Kalha joined the Commission. Other significant changes were Shri P.S.S. Thomas taking over as the Secretary-General, Shri Santosh Kumar as Director General (Investigation) and Shri Ajit Bharihoke as Registrar (Law) respectively.

Gujarat

The Commission tried to focus public attention on the issues relating to the right to fair trial and protection of victims and witnesses by approaching the Supreme Court of India on 31st July 2003 in the Gujarat Best Bakery Case. The Commission sought the setting aside of the 26 June 2003 verdict of the trial court at Vadodara, which had acquitted all the 21 accused in the case for want of adequate evidence. While filing a Special Leave Petition under Article 136 of the Constitution of India in the apex court, the Commission sought directions for further investigation by an independent agency and retrial of this case plus four other post-Godhra carnage cases namely, Godhra incident, Chamanpura (Gulburg society) incident, Naroda Patiya incident and the Sadarpura case in Mehsana district in a competent court located outside Gujarat.

In another case related to the post-Godhra riots, following the Commission's intervention, senior advocate Shri Harish Salve is providing free legal assistance to Ms. Bilkis Yakub Rasul, a resident of Gujarat, for seeking legal remedy through a petition before the Supreme Court. Ms. Bilkis has alleged that she was gang-raped on 27 July 2002 during the riots after the Godhra carnage. The CBI has now been ordered by the Supreme Court to probe the incident.

Jammu & Kashmir

The Commission took suo motu cognizance of media report that lax security had aided the terrorists in their attack on a langar in Jammu on 20 July 2003, which resulted in the death of 7 Vaishno Devi pilgrims. The Commission is now awaiting a response from the Government of Jammu & Kashmir on the payment of compensation/ex-gratia, if any, made to the next-of-kin of the deceased. The Commission has also taken suo motu cognizance of the killings of 24 Kashmiri Pandits in the terrorist strike on 24 March 2003 in Nadimarg in Jammu & Kashmir. It has called for a factual report from the Secretary, Ministry of Home Affairs and Jammu & Kashmir Government. The Commission proceedings are continuing. The Chairperson toured Jammu & Kashmir in May this year where he reviewed the relief and assistance provided to Kashmiri Pandits in migrants camps set-up there. A number of concrete recommendations have been made to improve the health, sanitation and other conditions at migrant camps. The Commission intervened in the case of terrorist attack on army officials at Kaluchak, Jammu on May 14, last year. It has asked the Ministries of Defence and Home Affairs to take necessary steps for compensation to the next-of-kin of the deceased. It has also called for a report from the Jammu & Kashmir Government on 'Disappearances' in the Valley.

POTA

It also served notices to the Ministry of Home Affairs, Government of India and Jharkhand Government on arrests of juveniles made under POTA. The proceedings are continuing.

Dalits & Adivasis

The Commission on 3 June 2003 directed its investigation team to investigate a case of alleged atrocities on Dalit families in Harsola village of Haryana. As a result of the Commission's intervention in the killings of 5 Dalits in Jhajjar, who had been lynched by a mob on 15th October 2002, the Government of Haryana has paid Rs. 5 lakh as compensation to each of the families of the deceased person and also provided employment to one dependent from each of those families. It has also taken disciplinary action against 11 police personnel and disciplinary proceedings has been initiated in respect of 5 other police officials. The Commission has also sent a notice to the Government of Kerala on alleged police firing on a gathering of Adivasis families in Muthunga forest area on 19 February 2003. As a result of NHRC's intervention, the Government of National Capital Territory of Delhi provided financial assistance for the medical treatment of a tribal girl who was allegedly raped by a truck driver on 7 March 2003.

Encounters & Human Rights in Prisons

The Commission has issued modified guidelines on the procedure to be followed in the cases of encounter deaths to all States on 2nd December 2003.

The plight of undertrial prisoners in the country has long been of concern to the National Human Rights Commission. The Commission has suggested measures to reduce congestion of undertrials in prisons. As of 30 June 2002, a total of 2,25,817 persons out of the jail population of 3,04,893 persons are undertrials. The Chairperson addressed letters to Chief Justices of all High Courts highlighting the plight of undertrial prisoners in the country and put forward a number of suggestions to reduce congestion of undertrials in prisons.

Relief secured as a result of NHRC's intervention in individual cases

The Kerala Government has paid financial compensation of Rs.10 lakh each to the next-of-kin of the deceased Hindu fishermen who had been allegedly killed by a gang of terrorists at Marad Beach, Kozhikode. A compensation of Rs. 5 lakh each has been given to the injured and this was only after the Commission intervened.

In another case, the Government of Uttar Pradesh paid Rs.5 lakh as interim relief to the next-of-kin of a post-graduate student of S.N. Medical College, Agra who was killed by police on 16 June 2002 as a result of mistaken identity. All the 3 police officials have been sent to judicial custody and permission sought by Uttar Pradesh Government from Ministry of Home Affairs, Government of India for handling over the case to CBI.

The Commission's intervention provided medical relief to jailed Jammu & Kashmir political leader Shri Syed Ali Shah Geelani and for Shri Charanjeet Singh, a mentally ill undertrial at Tihar Jail, Delhi.

Human Rights Education & creation of awareness

The Commission organized an international workshop on Rights of Persons with Disabilities for National Human Rights Institutions from Commonwealth and Asia Pacific region. The meeting inter alia stressed the need to develop an international convention to protect the rights of persons with disability. The Commission also participated in the second meeting of the Ad Hoc Committee on drafting the proposed International Convention on Disability held in New York in June 2003.

It organized a capacity building workshop on Economic, Social, Cultural Rights in partnership with the Indian Institute of Public Administration in New Delhi on 27th November 2003.

The Commission approved a project proposal in March 2003 from the Karnataka Women's Information and Resource Centre (RWIRC), Bangalore for developing source material for human rights education in Indian Universities. The proposal was a follow-up of a Round Table Workshop on Human Rights Education organized by the KWIRC in collaboration with the Commission in October 2002. The project is expected to be completed in March-April 2004.

It also held workshops on: bonded labour and child labour at Bangalore (Karnataka), Chandigarh (Punjab) and in Allahabad (Uttar Pradesh) on sensitization of Jail Superintendents in Pune (Maharahstra and Vishakhapatnam (Andhra Pradesh).

A sensitization programme on prevention of sex tourism and trafficking as well as a 2 day colloquium on Population Policy - Development & Human Rights were held in partnership with other organizations

Training of Police Officers

National Human Rights Commission in collaboration with British Council conducted the Training Course on Human Rights Investigation and Interviewing Skills and Human Rights & Custody Management at Mahatma Gandhi State Institute for Public Administration (MGSIPAP), Punjab, Institutional Area, Chandigarh from 24-28 March 2003.

Review of Laws

The Commission sent its comments on a Draft Model Prison Manual developed by BPR&D under the aegeis of Ministry of Home Affairs.

Besides this, it sent its comments on a draft manual on identification, release and rehabilitation of Bonded Labour referred by Ministry of Labour, Government of India.

The Commission sent its comments on the Draft of the Protection from Domestic Violence Bill, 2002 referred by Department of Women and Child Labour, Government of India. The Commission has also sent its recommendations to the proposed amendment to the Child Marriage Restraint Act, 1929.

Important issues concerning Economic, Social and Cultural Rights

Right to Food

While reviewing the situation of starvation deaths in KBK districts, on 17 January 2003, the Commission interpreted the nature of 'Right to Food' and proclaimed that it is a Fundamental Right.

Manual Scavenging

The Commission's Chairperson, Dr. Justice A.S. Anand has written to Prime Minister Shri A.B. Vajpayee to direct the concerned authorities to take immediate necessary steps to end the practice of manual scavenging by Gandhi Jayanthi Day, 2 October 2003.

Health & Human Rights

The Commission constituted on expert group on emergency medical care, which held its first meeting on 4 September 2003. The main purpose was to study the existing system of emergency medicare and to suggest improvements. The 9 Member Expert Group headed by Sr. P.K. Dave, Director, AIIMS would prepare a blue-print for the reconstructing the emergency medical care and also evolve guidelines regarding ambulances and trauma care.

Trafficking

In addition to activities under the country-wide Action Research Study on Trafficking, the Commission in collaboration with the United Nations Development Fund for Women and the Women's Institute for Social Education, Mumbai organized a one-day sensitization programme on prevention of sex tourism and trafficking on 12 January 2003 at Mumbai.

Bonded Labour

At the instance of the Commission some nomadic families belonging to the Saharia tribe who were employed as bonded labourers in the stone quarries in Gwalior district of Madhya Pradesh. The rehabilitation of some of them were done at Shivpuri, the conditions of the settlement were reviewed by Shri Chaman Lal, Special Rapporteur of NHRC.

Implementation of various Acts

Notices were sent by the Commission to all States and Union Territories on the implementation of Juvenile Justice Act. Responses from 25 States and Union Territories have been received. Reminders have been sent to the States and Union Territories which have not responded so far. Upon receiving information, the Commission proposes to analyse the data and issue appropriate directions.

Other Activities of the Commission

The National Human Rights Commission, Canadian Human Rights Commission and the Indira Gandhi National Open University have decided to take up jointly a project on the rights of disabled. A Memorandum of Understanding to this effect was signed in Delhi on 26 August 2003.

The Commission's in consultation with NGO's and voluntary institutions continued with a meeting with NGO's of the western region held at Pune on 13 June 2003.

The Chairperson, Members, Special Rapporteurs and officials of the Commission paid visits across the length and breadth of the country to get first hand information on the Human Rights in jails, mental hospitals, bonded labour, rehabilitation camps, prominent among which were the Chairperson, Dr. Justice Anand's visit to Jammu & Kashmir, Rajasthan and Maharashtra.


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