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