Human Rights Commissions: The India Story
By Milind Arolkar
Mumbai, September 5: The Protection of Human Rights Act, 1993 defines -“Human rights" means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India”. This act is enacted by Indian Parliament in the year 1994. Yet the current status of State Human Rights commissions (HRCs) in India is not totally promising. The State HRCs can be portrayed as- Some States have it, some not; some are partially managing.
The India story of the Human Rights Commissions in states is a pitiful state of affairs. As per the National Human Rights Commission data, out of 28 Indian States, five states have not constituted State Human rights commissions. Notably all those States are the North Eastern states.
Tripura, Nagaland, Mizoram, Arunachal Pradesh and Meghalaya have not responded to the National Human Rights Commission’s call to constitute HRC for various reasons. Amongst North East states, only Assam and Manipur have set up their human rights commissions to address human rights violation.
As per the “Protection of Human Rights Act, 1993”, the SHRC falls directly under the CMO of any State. Its chairperson and other members are selected on the recommendations made by the CM, state home minister, speaker of the state assembly and the opposition leader. But the Governments of Maharashtra, Manipur and Himachal Pradesh have defunct SHRCs.
Defunct Human Rights Commissions
The second largest population state Maharashtra’s Human Rights Commission has been defunct for almost 14 months. In February 2012 Justice V G Munshi, a Member of MSHRC retired. Since then there is no one to look after more than 11000 cases (and increasing day by day) which are pending in the SHRC of Maharashtra. The State government’s lethargy and reluctance to appoint Chairperson and Members is the main cause behind this. Even the Opposition parties are seems to be ignorant about the fact. Overall a collective ignorance is visible in the Progressive State of Maharashtra.
The Office of Chairperson and Members of the Manipur Human Rights Commission are vacant after May 2010. Interestingly the Chairman of the right panel Justice (retired) WA Shishak has not been paid his salaries by the State Government since he assumed office on September 3, 2003. Justice Shishak declined the offer of the post of Chairman of Madhya Pradesh Human Rights Commission as he had only wanted to work for his home State. Unfortunately till now, appointment had been done to fill the posts of Manipur HRC Chairman or member.
In November 2006, the Himachal Pradesh Human Rights Commission, which did not have a chairman since July 2005, completely became a defunct body, when its two members resigned. Current data published by the NHRC shows that the Himachal Pradesh HRC is a defunct body in 2013 also.
HRCs without Captains
The NHRC data also shows that apart from Maharashtra, Manipur and Himachal Pradesh who have inoperative HRCs, the State HRCs of Jammu and Kashmir, Karnataka, Madhya Pradesh, Rajasthan and Tamil Nadu are leaderless. That means those HRCs have no Chairman appointed. This can be called as expose of the lack of sincerity on the part of respective Governments.
‘NO’ HRCs means ‘No’ Human Rights to Citizen
The Human Rights act provides a voice and right to appeal against the Human rights violations in cases of people facing Injustice done by Administration, AIDS victims, Children, sufferings of common Citizens, Disabled People, Environment and pollution issues, bad Governance, Health related issues, problems of Indigenous People, plight of the Labours, Migrants, Minorities, Prisoners/ Under trials/ Inmates, Refugees, Senior Citizens, Weaker Section, Women, Youth. The people who come under those eighteen types can get relief in 123 types of violations.
Download: HUMAN RIGHTS ISSUES AND VIOLATIONS
That’s why; the States which have defunct HRCs or leaderless HRCs should be accused of violating the Human Rights of its citizen. This is only delaying the justice but it is also denying the justice and human rights of the Citizens.
This very apathy by the State Governments about un-expressed Human Rights violations of their citizen is actually denying the right to raise the voice of the oppressed and sufferer class in its society.
Interestingly, many political parties have constituted special cells for Human Rights. Some have 'Legal' cell', some have both. Still no political party in any state has raised the issue of defunct or partial human rights commissions. The blame goes to the political parties in power and in Oppossition both. There is much scope to suppose that the political parties are normally interested to establish mere decorative posts to pacify their 'leaders' who are not fit anywhere or in other words those who fight for their 'human rights' within the party structure.
Similarly the social organisations and activists who project themselves as guardian of human rights have nowhere uttered a word about the fact about HRCs in Indian states.
Unfortunately, the National Human Rights Commission also seems in a mood to let the state situation go as it is.
Misuse of the term ‘Human Rights’ in India
Unfortunately the term ‘Human Rights’ has become a trump card to protect the radical terrorists who have waged a war against India and the elements like Maoists who discard the Indian constitution. The cases appearing before the Human Rights Commissions are ninety percent against the Police machinery who is actually the protector of the Human Rights of the common man. It is observed that many times the very term is used to pressurize the Police machinery and negate the Security forces.
Using the name of the Human Rights, a systematic campaign has been run to create suspicion about literally all counter terrorist operations. Organized efforts are being made to showcase each police encounter against terrorists as a ‘fake’ encounter.
Posing as Human Rights activists several elements are victimizing and blackmailing Police machinery. The separatists are continuously projecting Security agencies in sensitive areas like Jammu and Kashmir and the North East.
HR Activism under scrutiny
Many NGOs and Social activists have got exposed for their divisive plans. In India, Human Rights activists and NGOs came to surface at all occasions when the security forces have convicted anyone for anti-national activity. India was shocked to see Human Rights activists raised their voices to cancel death penalty of 2001 Parliament attack accused Afzal Guru and also created Suspicion about India’s judicial process.
On the other side, the many activists, who have made their career by supporting terrorists as ‘Human Rights crusaders’ and projected themselves as ‘messiah’ of some specific sect, are fighting to grab their lost credibility in society. Many so called Rights activists are facing the wrath of common man for their dubious foreign fund use for anti-India activities and placing lies to prove their claims.
Situation demands
The Governments are reluctant about Human rights and the anti social elements are misusing the term, both are discouraging the common man from knocking the doors of the human rights in any case of violation. It is a need of the hour that the NHRC, the Central and State Governments should pay substantial attention towards Human Rights machinery and Human rights condition in India.
Data based on
http://nhrc.nic.in/humanrights_issues.htm
http://en.newsbharati.com/Encyc/2012/12/22/Concerns-for-Human-Rights-or-anti-India-motives-.aspx