HUMAN RIGHTS

National Human Rights Commission:

Saliant Extracts from Annual Report, 1995-1996

In the third year of its existence, the Commission increasingly worked on the premises that human rights whether civil and political, economic, social and cultural were, in the words of the 1993 Vienna Declaration and Programme of Action, universal, indivisible, inter- dependent and inter-related and that it was necessary for the Commission to remain keenly aware of this when deciding whether or not to take cognizance of particular complaints or issues. This was all the more necessary in a country where the seeds of unrest or grievance arising from human rights violations often resulted from a complex mix of reasons that were historical, social, economic or cultural and in which particular groups, not least for reasons of caste or community, economic deprivation or gender continued to be especially vulnerable. The Commission was determined to ensure that it functioned in a manner that was sensitive to the concerns of such groups.

For similar reasons, the Commission reached out to non-governmental organizations, human rights activists and others, receiving and acting upon complaints submitted by them, benefitting from their vast network with the people of India, drawing upon their studies and analysis of particular problems and associating them with the educational and other activities of the Commission. And it also turned its attention to reviewing factors, such as violence in all its manifestations whether in the form of terrorism, the criminalisation of society, communal riots, gender related cruelty or in the media that, in the words of Section 12(0) of its Statute "inhibit(ed) the enjoyment of human rights" and that called for "appropriate remedial measures".

Recommendations:

The Commission had in its report for the period ending 31 March 1994, made certain recommendations for amendments to the Protection of Human Rights Act 1993, which were repeated in its report for the year ending 31 March 1995. This matter was pursued. The Commission recommends that this matter may be reconsidered at an early date.

The Commission has repeatedly recommended openness and accountability as attributes essential to good governance, not least when acts of States are themselves called into question, and urged that the measure of our conduct should be the exacting standards set by our Constitution and our treaty commitments, especially those arising from the two International Covenants to which India is a party.

The Commission has advocated that the approach to resolving such problems must also, essentially, be political. Insofar as economic, social and cultural factors add additional dimensions to grievances in such areas, the Commission has recommended that such factors should be fully taken into account.

The Commission has repeatedly recommended that the (security) forces must act in close coordination with the civil administration. It has ben the Commission's experience that violations of human rights are far less likely to occur when the role and the responsibilities of the civil authorities under the law are fully respected not least in respect of cordon and search operation, arrest, interrogation and detention.

The Commission has also been keen to ensure that the right of the victims of terrorism and armed militancy are not neglected and that they are assisted by all. appropriate means. While the most affected State have schemes to provide relief or rehabilitation to such persons, the Commission has, on occasion, found it necessary to recommend additional assistance, or the inclusion of further categories of persons.

The Commission has expressed its disappointinent that its recommendation suggesting that India accede to the 1984 convention against Torture and Other Forms of cruel, Inhuman and Degrading Treatment or Punishment has not yet been acted upon. The Commission strongly recommends that this matter be the subject of early and renewed attention, both by the Central and State Governments.

The Commission is of the view that a recommendation of the Indian Law Commission (ILC) made in its 113th report of 29 July 1985 on a reference by the Supreme Court of India, should be acted upon. In that recommendation, the ILC suggested the insertion of a Section 114(B) 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. Further, this Commission supports the recommendation of the Indian Law Commission that Section 197 of the Code of Criminal Procedure be amended to obviate the necessity of governmental sanction for the prosecution of a police officer where a prima facie case has been established, in an enquiry conducted by a Sessions Judge, of the commission of a custodial offence. This Commission also endorses the view of the view of the National Police Commission. that there should be a mandatory enquiry, by a 'Sessions Judge, in each case of custodial death, rape or grievous hurt. The Commission attaches particular importance... to the implementation of the decision of the Supreme Court in the case of Joginder Singh vs. the State of Uttar Pradesh and others (JT 1994(3)SC 423) wherein it is laid down that an arrested person being held in custody is entitled, if he so requests, to have a friend, relative or any other person who is known to him, or likely to take an interest in his welfare, to be informed that he has been arrested and told of where he has been detained. The Commission believes that there is also need for greater care in the observance of the UN Body of Principles for the Protection of All Persons under Any Form of Detention and Imprisonment and the UN Standard Minimum Rules for the Treatment of Prisoners. It recommends that appropriate instructions be issued by the Central Government.

The Commission has taken the view that the compensation due to the next of kin of those who have died in custody should be the liability not just of the State Government, but of the offending police officials themselves. The Commission would like all postmortem examinations in respect of deaths in police or jail custody to be video-filmed and the cassettes sent to the Commission together with the written reports of the postmortem examinations.

Recommendations contained in the Second Report of the Police Reforms Commission which particular, that the investigative tasks of the police should be placed beyond any kind of intervention by the executive or non-executive. Report also urged a statutory tenure of office for Chiefs of Police in the States that Report recommended the constitution of statutory State Security Commission in each State to help the State Government "to discharge its superintending responsibility in an open manner, under the framework of law"

This Commission hopes and recommends that these key proposals will be re-opened expeditiously for consideration and positive decision.

The Commission is at present finalizing the draft of Prisons Bill to replace the Indian Prisons Act, 1894. It recommends that legislative action be undertaken, at an early date. The Commission has continued to press for specific actions to improve the situation in the jails of the country. In particular special arrangements for women and juveniles and for reducing over crowding.

The Chairperson recommended in a letter to all Chief Ministers that they undertake a review of the system of premature release, so as to avoid inconsistencies in the interpretation of the law.

The Commission believes that when large-scale violence occurs and lives are lost in acts of murder and mayhem, it becomes the duty of the State to bring the guilty to book in order to establish the principle that the law will apply equally to all and that justice shall prevail. The National Human Rights Commission is in favour of (the Sri Krishna Commission) being revived.

(The TADA under-trials) numbered 6060 on 30 June 1995. The Commission urged that the Review Committee in States meet regularly, as directed by the Supreme Court and interacted with those States where the periods of detention were the longest and the numbers of detainees were the largest, urging an increase in the number of trial courts.

The Commission recommends that well-coordinated steps be taken to act upon the Declaration and Programme of Action adopted at the Fourth United Nations Conference on Women, held in Beijing in September 1995 and also to oversee the implementation of the commitments of India under the Convention on the Elimination of All Forms of Discrimination against Women.

The Commission would urge that its views be taken fully into account, in the interests of protecting the rights of millions of Indian children who may otherwise remain trapped in the cycle of child labour and poverty.

The Commission has recommended that the Source Book (on Human Rights) prepared by NCERT be translated into all national languages....

The Commission wrote to all Vice-Chancellors asking them to include human rights in the curriculum at the under-graduate and post-graduate levels and promote research, seminars and publications on human rights.

High priority has been accorded by the Commission to the training and re-training of police personnel.

A three-tier model syllabus has been prepared for Constables, Sub-Inspectors/Inspectors, Deputy Superintendents of Police and other senior officers.

The Commission is also continuing to encourage para-military forces to step-up the training of their cadres in human rights.

All political parties were requested to constitute 'Human Rights Cells' at the central, State and District levels for promoting and protecting human rights and for overseeing the conduct of their members (and) designate a senior leader to liaise with the Commission.

The Commission is pleased to record that, by 31 March 1996, State Human Rights Commissions had come into existence in West Bengal, Himachal Pradesh, Madhya Pradesh and Assam, in that order. The Commission recommends that other States follow suit.

The Commission welcomed the creation of District- level Committees, in which Kerala provided the lead. The Commission recommends that other States and Union Territories should proceed in the same way.

Statement Giving Number of Cases Registered,

Considered by the Commission and Pending as on 31.3.1996

 Cases Taken Cognizance of

WITH BEST COMPLIMENTS

FROM

KALEEM KAWAJA

THE ASSOCIATION OF INDIAN MUSLIMS OF AMERICA

THE ORGANIZATION FOR UNIVERSAL COMMUNAL HARMONY

WASHINGTON DC USA