Role of National Human Rights Commission in India (With special reference to Bhrashtachar Mitao Satyagrah)


Role of National Human Rights Commission in India
(With special reference to Bhrashtachar Mitao Satyagrah)


Abstract:
              Every human being strive to live in a more secured, prosperous and happy life. He cannot live a life in isolation. An individual needs to have self freedom and the basic rights for his overall development. The society, in which his freedom and his rights are secured, is considered as better living place for man’s development and the welfare of the society. But now a day, corruption is a problem in happy human life. It created inequality in the society. In the democracy, civil rights are given to people. Some people in the society take legal action to oppose such type of non constitutional way of corruption. One of these is Baba Ramdeo. He organized ‘Bhratachar Mitao Satyagraha’ against corruption. It was brutally crushed by the government. This act of government is a black stain on the democracy of our nation. In this situation which steps are taken by Human Rights Commission of India? Is this necessary in democratic state for social justice and equality are discussed in this paper.
Introduction:
Human Rights are most essential for the fullest development of an individual. Human rights are the claims of the individuals, are recognized by the society and are to be enforced by the state. Thus these rights must have a social recognition and must be enforceable by the state government. Human rights are inherent in human nature and they are absolutely essential for living as a human being. Human rights are the basis of human life, dignity and worth. Human rights can be defined as the condition by which man can archive self freedom and can make the fullest development of him. Human Rights create particular conditions to help an individual to develop his personality. To live the life of dignity of the personality, to express his thoughts freely, to acquire the freedom to follow any religious dogmas, to make any business what one likes and for the financial and educational development as well as the political participation etc., human rights are more essential for human being.
But now a day, India tops the list for black money in the entire world with almost US$1456 billion in Swiss banks (approximately USD 1.4 trillion) in the form of black money. According to the data provided by the Swiss Banking Association Report (2006), India has more black money than the rest of the world combined. Indian-owned Swiss bank account assets are worth 13 times the country’s national debt.
“The recent scams involving unimaginably big amounts of money, such as the 2G spectrum scam, are well known. It is estimated that more than trillion dollars are stashed away in foreign havens, while 80% of Indians earn less than 2$ per day and every second child is malnourished. It seems as if only the honest people are poor in India and want to get rid of their poverty by education, emigration to cities, and immigration, whereas all the corrupt ones. It seems as if India is a rich country filled with poor people".1
Objectives:
·         To understand importance of Human Rights in democracy
·         To know the problems emerged by corruption in India
·         To aware people about their rights and duties
·         To know the functions of Human Rights Commission in India
Research Methodology:
For this research primary and secondary data is used. Functioning of National Human Rights Commission and action on Suo Moto Cognizance by Supreme Court were studied by the original document of NHRC.
Necessity of Human Rights in Democracy:
Individuals self freedom and human rights are the basic principles of the democracy. In the democratic nation adequate efforts are made to provide its individuals as many as freedom and essential rights as possible. Human rights are essential to live a peaceful life.
          Therefore, the Protection of Human Rights Act 1993 (The Protection of Human Rights Amendment Act, 2006–No. 43 of 2006.) No. 10 of 1994 (8th January, 1994) provide for the constitution of a National Human Rights Commission, State Human Rights Commission in States and Human Rights Courts for better protection of human rights and for matters connected therewith or incidental there to. Be it enacted by Parliament in the forty-fourth year of the Republic of India .2
Report of Human Rights Commission:
Report on human rights in India during 2010, Human Rights Watch stated India had "significant human rights problems”. They identified lack of accountability for security forces and impunity for abusive policing including "police brutality, extra judicial killings, and torture" as major problems.
An independent United Nations expert in 2011 expressed concern that she found human rights workers and their families who "have been killed, tortured, ill-treated, disappeared, threatened, arbitrarily arrested and detained, falsely charged and under surveillance because of their legitimate work in upholding human rights and fundamental freedoms. The reports of the National Human Rights Commission provide a clear picture of the situation prevailing in the country. A total of 85,661 cases disposed of in 2004-2005; 38,448 were dismissed ‘in limit’, while 21,465 were disposed of with directions to the appropriate authorities for remedial measures. 766 complaints related to custodial deaths, 46 cases pertained to encounter deaths and 24,936 other cases were also disposed of after calling for reports from the concerned authorities. In the latter group, 24 cases pertained to alleged disappearances, 1086 cases related to illegal detention/ illegal arrest, and 1213 cases were of alleged false implication. There were, in addition, 16 cases of alleged custodial violence, 84 cases of alleged ‘fake encounters’, 6833 instances of failure to take appropriate action and 6488 complaints related to other alleged police excesses.3
Bhrashtachar Mitao Satyagraha:
Against Corruption Baba Ramdev’s Bhrashtachar Mitao Satyagraha was organized at Ramlila Maidan at Delhi. His Bhrashtachar Mitao Satyagraha brutally crushed by the government. Government puts a black stain on the democracy of our nation.5th June will be remembered as a black day when the Government ordered 5000 RAF officers to charge in a peaceful satyagraha, that too while they were sleeping. The government applied section 144 (Emergency like situation) showcasing the peaceful satyagraha as a riot.4
Functions and powers of NHRC:
           The National Human Rights Commission (NHRC) is performing functions of Inquire, Suo Motu or on a petition presented to it by a victim or any person on his behalf [or on a direction or order of any court], into complaint of violation of human rights or abetment thereof or negligence in the prevention of such violation, by a public servant.   
 The Commission is inquiring into complaints under this Act, have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908. The Commission have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry and any person so required shall be deemed.            
Suo-Motu Case Registered: Status of action taken by the NHRC:
As per the Case No. 2634/30/0/2011 -The Commission received a series of complaints and also come across newspaper reports wherein it has been alleged that the police resorted to unconstitutional lathi charge, use of tear gas and use of force etc past midnight hours on 4-5th of June, 2011, to disperse the crowd which had assembled to participate in the fast and anti-corruption campaign by Baba Ramdev at Ramlila Grounds, Delhi. The reports state that Baba Ramdev had called for a pre-announced campaign from 4th June, 2011 onwards to voice the issues of stashing of Black money abroad etc., to the Government.   The consultations with the Government were being carried out.   However, to the utter surprise of all, also telecast by the television channels, the assembly was raided by Delhi police and RAF personnel in the past midnight hours of 4-5thth June, 2011 when the old persons, women, children and others who were on fast and were asleep. The police resorted to lathi charge, tear gasing, manhandling of women, children, old persons etc and forcefully evicted the Ramlila grounds and dispersed the assembly.  It is also reported that many people were injured in the alleged action of the police.   The said act of the police has been denounced by all quarters.  The Commission has been requested to take immediate action against the culprits.
The Commission has issued notice to Secretary, Ministry of Home Affairs, Govt. of India, and Chief Secretary, Govt. of NCT of Delhi and Commissioner of Police, Delhi to submit a detailed report within two weeks  specifically dealing with the following questions:-
1. What were the reasons which prompted the government to make the midnight swoop on the people gathered in Ramlila ground in the intervening night of 4/5. 6. 2011.
2. How many persons were injured in the incident and whether the government proposes to give any compensation to those persons?
3. Whether the media reports of disappearance of many people are correct, and if so, how many people are missing and what steps have been taken to trace them out .Report from the Commissioner of Police has been received but the Chief Secretary has not responded to the Commission’s notice.  A reminder has been issued to the Chief Secretary, Govt. of Delhi to submit report.5
Conclusion:
            Human rights violations are growing. There is also an alarming increase in custodial violence. The most visible and critical area of human rights violations happen to be in the role of police. However, custodian violence that animates the modern state in general and the enforcement agencies like the police in particular.
Over the years, various mass movements have occurred in various parts of the state and purpose of this mass unrest was to create awareness among the people, particularly the illiterates, tribles, economical backward, unemployed etc. However these movements did not succeed much in drawing the people to it. It is high time that efforts to secure human rights become more action-oriented. Human rights at the grass root level should be secured so that human dignity can be granted to the poor and weak.
        Along with these constitutional provisions, certain other socio-economical measures are also required. The single biggest cause behind human rights violations in our country is the slow economical growth and endemic poverty.Efforts to prevent violence, boycotts and other forms of discrimination should be made. Attitude adopted by the government and majority of the population are also of utmost importance. Government should understand that good govern is not about controlling the masses but it is all about generating the feeling among the masses about security and at the same time maintain the level of sustainable development.Imediatly after action taken by the government to crush Baba Ramdev’s Bhrashtachar Mitao Satyagraha. NHRC issued notice to the government, to submit a report within stipulated period. It shows that the NHRC in India is functioning properly to protect Human Rights for the country. We also can not ignore slow functioning of NHRC. It needs to be actively engage in giving social justice and bring about equality in the community and contribute to the success of democracy in our country.
Sources:
2.       http://en.wikipedia.org/wiki/Human_rights_in_India
5.      http://www.nmrc.com




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