Human Rights Violations Occur when the Government Machinery fails in their Duties says NHRC Chairperson Justice Arun Mishra

By Ssangeeta Sharma

New Delhi, Dec 17 (LAB) The police carries weapon to protect the human being not to become violators of human rights, NHRC Chairperson, Mr. Justice Arun Mishra said during the two-day open hearing and camp in Gauhati. Mostly the human rights violation occur when the government machinery fails in their duties, Justice Mishra added.

NHRC Recommended a sum of Rs 20.50 lakh as relief to people of different communities for violation of their human rights A jail should be like an Ashram, where the prisoners need to be reformed, so that when they come out from the jail, they should be responsible citizens and should not indulge in criminal activities again, Justice Mishra said.

Justice Mishra emphasised that it is the duty of the State Governments to adopt mechanisms to reform the society. He expressed that he is glad that all the State Governments are alive to the human rights of the people because being a public servant, we can do much more than others, either be it NHRC, SHRC, NGOs, Police or members of civil societies.

The two day camp on public open hearing held on December 15 -16, 2021 by the National Human Rights Commission (NHRC) in Guwahati, Assam where States of Assam, Nagaland, Arunachal Pradesh, Mizoram and Sikkim participated.

The session was inaugurated by the Chairperson, Mr. Justice Arun Mishra. who said that the NHRC has come a long way in its journey for making all efforts to protect and promote human rights in the country for the common masses, especially poor, under-privileged and backward classes.

Addressing the representatives of the participating State Governments, NGOs, HRDs, etc. Justice Mishra said that the NHRC is focusing on the human rights issues for the elderly women, children, trans-genders, mental, health, silicosis etc. The Chairperson stated that we are the best creations of God and we have the sense to think about the protection of human rights of the people which includes Right to Food, Health, Education, better environment and so on. He stated that human rights violation takes place only when the same are not respected.

Being public servants it is our duty to protect the rights of the people and not the court. Commission comes into picture only when there is serious and grave nature of human rights violation or when the government machinery fails in their duties, Justice Mishra said, adding that having various forms of human rights on papers have no sense unless we don’t act for its promotion and protection.

Mr. Bimbadhar Pradhan, Secretary General, NHRC while welcoming the Chairperson and Members of NHRC and other dignitaries present. He informed that the NHRC is extensively using the HRC Net Portal for facilitation of submission of requisite reports sought by the Commission in various cases registered with it.

While highlighting the State specific issues, Mr Pradhan emphasised the need for Action Taken Reports from all the five State Governments on 23 Advisories issued by the Commission as it will help us to assess how the State Government are sensitive towards the protection and promotion of the human rights of its citizens. He informed that this is NHRC’s 42 open hearing/camp sitting and through such camp sitting, the victims of human rights violation are given justice at their door steps in terms of monetary compensation also.

Mr. Jishnu Barua, Chief Secretary, Government of Assam welcomed the the NHRC Chairperson and Members and other dignitaries of the five States which were present in Guwahati. He assured that the advices and directions/recommendations of the NHRC will be abided especially in the field of mental health, right to food and various Advisories issued by the Commission and its speedy implementation. He also stated that during the last few months, the State Government has taken number of important decision with regard to release of pension to disabled persons, widow and elderly persons. Effective steps were also taken in respect of various social security schemes of the Government of India with regard to water, education, health, roads, etc.

The National Human Rights Commission has taken up 40 cases, in Open Hearing. It includes 23 cases of Assam, 13 cases of Manipur, 1 cases of Arunachal Pradesh and 3 cases of Nagaland. The Commission on consideration of reports, and after hearing both the parties has closed five cases where recommendations of compensation have been complied by the States.

The Commission has recommended a compensation of Rs.3,00,000/- to be paid to the NoK in case of death in police custody in district Tinsukia, Assam. The Commission has also recommended an amount of Rs.3,00,000/- in case of an encounter death in district Changlang of Arunachal Pradesh. The Commission has also recommended an amount of Rs.5,00,000/- in case of death in police custody in Imphal (East) district of Manipur. Further, the Commission has recommended an amount of Rs.4.5 lakhs to be paid to the NoK of the deceased in case of death in custody in Mon district of Nagaland. The Commission while dealing with the case of an employee, who became handicapped at work-place and his service was terminated by the employer in Guwahati, Assam, the Commission has directed that alternative arrangements, as per the Disability Act, be made for his reinstatement to the service and further directed for payment of arrears of his wages. The Commission, while dealing with a case of rape of a Tribal women by a GRP personnel of Chachar district of Assam, has asked the State authorities for payment of Rs.5,00,000/- to the victim. The State authorities have submitted that both the delinquent police personnel have been dismissed from service. In rest of the case, including compliance cases, the Commission has asked for compliance report with proof of payment and requested for submission of Action Taken Report in such matters from the State authorities for further consideration of the cases.

A meeting of the Commission with Chief Secretaries, DGs of Police & their representatives, and other Senior Officers of all the five States, was also held in the afternoon on December 16, 2021, where healthy & fruitful deliberations were held for coordinated efforts by all for protection and promotion of human rights of the citizens in a more effective manner.

The Commission also held a discussion with NGOs / HRDs and members of the Civil Society on December 17, 2021. During their interactions they raised various issues of human rights relating to healthcare, women, elderly, children, implementation of welfare and developmental schemes of the Central as well as State governments. They also raised issues of infrastructure of Rehabilitation Homes, drug abuse. The Commission reiterated that the NGOs are actually eyes and ear of the Commission and they are true partners of the Commission in spreading awareness regarding promotion and protection of human rights. The Commission appreciated their work and conveyed best wishes assuring all possible help to them in this endeavour/ LAB, SNG