NHRC, India Justice D.Murugesannhri.ohchr.org/EN/ICC/GeneralMeeting/28/Theme 3 The... · Web viewNHRI INDA AND ITS GOVERNNANCE PRESENTED BY HON’BLE JUSTICE SHRI D. MURUGESAN, MEMBER,

Talking Points, ICC 28 & General Meeting11-13 March 2015, Geneva

NHRI INDA AND ITS GOVERNNANCE PRESENTED BY HON’BLE JUSTICE SHRI D. MURUGESAN, MEMBER, NATIONAL HUMAN RIGHTS COMMISSION, INDIA

INTRODUCTION

The point of discussion and interaction is how NHRIs could ensure Good Governance in a State. The States have the obligation to promote NHRIs based on their record in each country upon evaluation of their suitability and ensure their most effective functions to protect and promote human rights. As the NHRIs have the quasi-judicial and quasi-governmental status, they make their position vulnerable to the governmental procedure. The NHRIs obligated to ensure their potential place for powerful role in promoting human rights. They must ensure government policy is consistent with powers and functions conferred on NHRIs. With these little introduction, let may explain how NHRC of India ensures Good Governance.

ESTABLISHMENT

The National Human Rights Commission (NHRC) was established on 12 October 1993 by an Act of Parliament – the Protection of Human Rights Act (PHRA), 1993. The PHRA was amended by Parliament in 2006 to make the NHRC more effective and to give it greater powers. It is a comprehensive enactment to protect Human Rights in India.

COMPOSITION

The Commission, as per Section 3(2) of the PHRA, is composed of:

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a) A Chairperson who has been a Chief Justice of the Supreme Court of India;

b) One Member who is, or has been, a Judge of the Supreme Court of India;

c) One Member who is, or has been the Chief Justice of a High Court; and

d) Two Members, appointed from among persons having knowledge of, or practical experience in, matters relating to human rights.

The PHRA laid down that the majority of the Members must be

judges who have held the highest judicial offices because, unlike many

NHRIs, the NHRC, India has been given the powers of a civil court

under Section 13 of the PHRA, and its Members spend the greater part

of each day considering individual complaints, on which, if they are

satisfied that a breach of human rights has taken place, they are

empowered to recommend redress for the victims and action against

those responsible.

The PHR Act provides for this particular composition for the NHRC, India to ensure that the Commission will be effective in the discharge of its quasi-judicial functions. Governments are less likely to question directives passed after a quasi-judicial process when they know that the NHRC has on it, three Members who have held among the highest judicial offices, including the former Chief Justice of the Supreme Court of India.

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Further, to ensure that in the promotion of human rights, the NHRC would represent the views of the most vulnerable sections of society, Section 3 (3) of the PHRA stipulates that the following shall be deemed to be members of the NHRC:

Chairperson of the National Commission for Minorities; Chairperson of the National Commission for the Scheduled

Castes; Chairperson of the National Commission for the Scheduled

Tribes; and Chairperson of the National Commission for Women.

Together with the Chairperson and Members of the NHRC, India, the Chairpersons of these bodies and the Special Invitee, National Commission for the Protection of Child Rights, constitute its Statutory Full Commission, which meets regularly.

APPOINTMENT & TENURE

Section 4(1) of the PHRA stipulates that the Chairperson and Members of the NHRC shall be appointed by the President of India by warrant based on the recommendations of a Selection Committee consisting of the Prime Minister, Speaker of the House of the People, Home Minister, Government of India, Leader of the Opposition in the House of the People, Leader of the Opposition in the Council of States and Deputy Chairman of the Council of the States.

The Selection Committee thus, comprises elected representatives, both from the ruling and opposition parties, who represent civil society at the highest level, thereby ensuring balance and consensus in the appointment of the Chairperson and Members of the NHRC, India.

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In addition, the PHRA clearly stipulates the term of office of the Chairperson and Members as well as the grounds and procedures for their dismissal, laid down in Section 5 of the PHRA, which are quite stringent.

ORGANISATIONAL STRUCTURE AND STAFF

The NHRC, India has the following divisions:

1) Law Division , headed by a Registrar, which receives and processes the several hundred complaints received each day, and puts them up to the Chairperson and Members for orders in the NHRC’s function as a quasi-judicial body;

2) Investigation Division , headed by a Director General of Police, which investigates complaints, and other issues, on the directives of the Chairperson or Members;

3) Policy Research, Projects and Programme Division , headed by a Joint Secretary, does research on issues of generic importance. It also undertakes specific projects to promote human rights and organizes seminars, workshops and conferences;

4) Training Division , headed by a Joint Secretary, apart from its core task of training, disseminates information to NGOs and civil society;

5) Administration Division , headed by a Joint Secretary, consists of the Establishment Section, Coordination Section, Information and Public Relations, Accounts Section, the General Section, the Hindi Section, Documentation Centre and Library and Central Registry.

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The NHRC has 343 regular staff, who have the pay and allowances of civil servants and who come from various specialist services and professional backgrounds that the NHRC needs for its work, including the judicial services, police, research, training and administration – and appointed in accordance with its recruitment rules.

In addition, the NHRC has over 100 staff members on contract, including legal consultants, research consultants and research associates as well as translators. While this level of staffing is presently adequate for the NHRC’s purposes, it periodically engages reputed and independent consultants in human resource development to assess and to advise it on, the need for more staff.

The NHRC hires staff through direct recruitment, deputation and on contract, based on its own set of rules, regulations and procedures and recruitment rules, which have been published in a Gazette Notification. However, the NHRC follows the policy of the Government of India to reserve a percentage of posts for applicants from the most vulnerable sections of society. Therefore, over 25% of the posts in its Secretariat are reserved for candidates from the Scheduled Castes, Scheduled Tribes, Other Backward Castes, and persons with disabilities, with preference being given to women and minorities.

FUNCTIONS

The mandate of the NHRC, which has been outlined in Chapter III of the Protection of Human Rights Act, 1993, grants to the Commission wide-ranging functions covering civil, political, economic, social as well

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as cultural rights. The prominent functions of the Commission, outlined under Section 12, are as follows:

Inquire, suo motu, or on a petition presented by victims, or persons on their behalf [or on a direction or order of any court], into complaints of:1. violation of human rights or abetment thereof, or2. negligence or dereliction of duties in the prevention of such

violation, by public servants Intervene in any proceedings involving any allegations of

violation of human rights pending before Courts, with the approval of such Courts.

Visit any jail or other institutions under the control of State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, to study the living conditions of the inmates, and make recommendations.

Review the safeguards provided by or under the Constitution or any law for the time being in force, for the protection of human rights, and recommend measures for their effective implementation.

Review factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures.

Study treaties and other international instruments on human rights and make recommendations for their effective implementation.

Undertake and promote research in the field of human rights. Spread human rights literacy among various sections of society,

and promote awareness of the safeguards available for the protection of these rights, through publications, the media, seminars, and other available means.

Encourage the efforts of non-governmental organisations, and institutions working in the field of human rights.

Undertake such other functions as may be considered necessary for the promotion of human rights.

POWERS

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The PHR Act has also bestowed upon the Commission a wide range of powers to enable the Commission to fulfill its functions, outlined above. Sections 12, 13, 14, 17 and 37 of the PHR Act, in particular, confer quasi-judicial powers on the NHRC, India.

Section 13(1), for instance, lays down that the NHRC shall, while inquiring into complaints under the Act, have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular in respect of the following matters, namely :

a) summoning and enforcing the attendance of witnesses and examining them on oath;

b) discovery and production of any document;c) receiving evidence on affidavits;d) requisitioning any public record or copy thereof from any court or

office;e) issuing commissions for the examination of witnesses or

documents.

Section 13(2) lays down that the NHRC shall have the 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 to be legally bound to furnish such information within the meaning of section 176 and section 177 of the Indian Penal Code.

Section 13 (3) stipulates that the NHRC or any other officer, not below the rank of a Gazetted Officer, specially authorized in this behalf by the Commission, may enter any building or place where the Commission has reason to believe that any document relating to the

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subject matter of the inquiry may be found, and may seize any such document or take extracts or copies there from subject to the provisions of section 100 of the Code of Criminal Procedure, 1973, in so far as it may be applicable.

Section 13(4) and Section 13 (5) of the PHRA ensure that the reports submitted by the concerned authorities are factually correct. Under these provisions, the NHRC is empowered to take legal action for factually incorrect reports.

The NHRC for the purpose of conducting investigation, pertaining to the enquiry utilized services of any officer or investigation agency of the Central Government or any State Government.

Further, under Section 14(2) “for the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilized may, subject to the direction and control of the Commission:

a) summon and enforce the attendance of any person and examine him;

b) require the discovery and production of any documents; andc) requisition any public record or copy thereof from any office.d) power to issue Bailable Warrant for production of the officers for

non-responding to the notice issued by the Commission.

The PHR Act, 1993 was amended in 2006 to make it more effective. The most significant amendment, to Section 18 of the Act, gave the NHRC the power, which it now exercises daily, to recommend to the Central or a State Government or any public authority, during and upon completion of an inquiry, that it:

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i) Make payment of compensation or damages to the complainant or to the victim or the members of his family as the Commission may consider necessary;

ii) Initiate proceedings for prosecution or such other suitable action as the Commission may deem fit against the concerned person(s);

iii) Take such further action as it may think fit.

A second important amendment, now contained in Section 12(c) of the PHRA, gave the Commission and its officers the unqualified right to visit any jail or other institution under the control of a State government. Earlier, the Commission had to inform the State Governments before it visited jails.

ANNUAL AND SPECIAL REPORTS

The NHRC is accountable only to the Parliament of India, before which, under Section 20 of the PHRA, its annual reports must be tabled by the Government, together with a memorandum of the actions that the Government has taken or proposes to take on its recommendations, and the reasons for not accepting any of its recommendations.

Section 20 also empowers the NHRC to submit ‘Special Reports’ on any issue which, in its opinion, is of vital human rights concern and which deserves the special attention of the Members of Parliament. In 2011, for instance, the Commission also submitted a ‘Special Report on Silicosis’ to draw the attention of the nation’s policy makers to the seriousness of the issue. The said Report was laid out in the Parliament of India in August 2014 along with the ‘Memorandum of Action Taken’ report of the Government of India.

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RESEARCH

The Commission has a Policy Research, Projects, and Programmes (PRP&P) Division which undertakes and promotes research and training activities. Some of the prominent research studies/projects undertaken by NHRC, India in collaboration with members of civil society in recent years, include the following:

Human Rights Status of Denotified and Nomadic Communities of Delhi, Gujarat and Maharashtra

Land, Labour and Human Rights Violations in Bundelkhand and Sonbhadra Region of Uttar Pradesh

Core International Human Rights Conventions, Core ILO Conventions, and Treaty Bodies (in-house project)

Bonded Child Labour in Karnataka’s Silk Industry Status of Tendu-leaf Pluckers in Orissa Current trends in Child Labour: A Study of Beedi Indudstry in

Bharatpur-II Block, Muradabad, West Bengal Review of the status of HR education in India Role of Civil Administration in the Protection of Human Rights in

Strife-torn areas of Jammu and Kashmir Dependency on Forests for Livelihood and its Impact on

Environment – A case of the Baiga Tribe of Mandla District, Madhya Pradesh

The Musahar Community: A socio-economic study NHRC-CHRC-IGNOU Linkage Project on Human rights for Persons

with Disabilities Estimating precise costs and providing level playing field to

Persons with Disabilities (PWDs) Operation Oasis: A study related to mentally ill persons in West

Bengal Strengthening Pre-Conception and Pre-Natal Diagnostic

Techniques (Provisions of Sex Selection) Acts Implementation Across Key States

A joint research project on female infanticide in collaboration with the UNFPA

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TRAINING AND HUMAN RIGHTS AWARENESS

In fulfillment of its mandate under Section 12(h) of the PHR Act, the NHRC, India has been organising training programmes for government officials, field functionaries, and representatives of NGOs, Universities etc. to encourage them to make a rights-based approach central to their work and activities. The aim is to sensitise them regarding human rights issues and make them aware of their duties to protect and promote the rights of people of the country.

The Commission set up a separate Training Division in 2003, whose core task is promoting human rights literacy and awareness among various sections of society. The Training Division of the Commission besides organizing awareness generation programmes on human rights for various stakeholders, also collaborates with Administrative Training Institutions and Police Training Institutions to organize similar programmes to inculcate a rights-based approach among public institutions and functionaries.

The Commission continues to organise its coveted month-long Summer and Winter Internship Programmes for University students from across the country, in addition to providing an opportunity to large numbers of students for short-term internships. Furthermore, several seminars/conferences on human rights issues are being regularly organized. During 2013-14, the Commission organized National Conferences on issues like manual scavenging and sanitation, mental health workshop, silicosis, leprosy, juvenile justice, and prison reforms. The NHRC is particularly concerned about the rights of women, given the increase in the instances of violence against women in recent times. To this end, the Commission has undertaken numerous

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initiatives, including the organization of a National Conference on Rights of Women in February last year with nation-wide participation of State functionaries as well as civil society.

STATE HUMAN RIGHTS COMMISSIONS (SHRCS)

The PHR Act, 1993 also provides for the establishment of State Human Rights Commissions (SHRCs), vide which SHRCs have been set up in 24 States so far. The NHRC, India has also set up a Committee on SHRCs to assess the problems of manpower, resources and infrastructure faced by them. The NHRC has written to the GOI to provide adequate resources to the SHRCs to ensure their effective functioning.

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NHRC, INDIA’s BEST PRACTICES IN THE DISCHARGE OF ITS MANDATE

The following are some of the best practices of the NHRC, India in various areas of its work/mandate/activities:

COMPLAINTS DISPOSAL AND INQUIRY PROCESS

Complaint redressal and investigation are major functions of the Commission. A complaint may be made in Hindi, English or any other language, either by the victim or any other person on behalf of the victim or on a direction or order of any court, and may be submitted in person or through post, telegram, fax, e-mail or on-line. Additionally, urgent complaints can be lodged with the Commission, through a dedicated mobile number. Individuals can also approach the Facilitation Centre of the Commission for obtaining information and can ascertain the status of their complaints through the NHRC’s website.

The NHRC also takes suo motu cognizance of serious matters on the basis of media reports. On receipt of a complaint, a case number is assigned, following which details are entered into the Complaint Management and Information System (CMIS). All complaints are placed before the Commission for disposal and if any complaint requires further investigation, the same is carried out through the Commission’s Investigation Division which is headed by an officer of the rank of Director General of Police. The Commission employs the following mechanisms to decide and dispose of the cases received:

Single Bench : The Chairperson and each of the Members, sit as a single-member bench every day to consider complaints. Each of these five benches is assisted by a Presenting Officer, usually a retired member of the judiciary and an Assistant Registrar, who is a law officer.

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Double Bench : The four Members also form two Division Benches, to consider complaints of a more serious nature, such as, those related to deaths in police action. These Division Benches are assisted by Presenting Officers and officers from the Investigation Division.

Full Commission : The Full Commission meets every Monday to consider other serious complaints, particularly those that affect the rights of large numbers of people, such as reports of starvation or environmental damage, or which have a broad socio-economic impact. The Secretary General, the Director General, the Registrar, and their deputies, attend these meetings.

Full Court : Whenever required, the Commission also meets as a Full Court to hear cases, with lawyers in attendance. The Registrar and his senior colleagues assist the Full Court in the discharge of its functions.

ADVOCACY, LAW REFORM AND ENCOURAGING RATIFICATION AND IMPLEMENTATION OF INTERNATIONAL STANDARDS

The Protection of Human Rights Act, 1993 (PHRA) mandates the NHRC, India to review all draft legislation and other legal safeguards with a human rights component or potential bearing on human rights, to ensure their conformity with international human rights standards. The following is a list of the draft legislations reviewed by the NHRC, India:

i) Terrorists and Disruptive Activities (Prevention) Act, 1987 (TADA)

ii) Persons with Disabilities Act, 1995 iii) Prevention of Terrorism Bill, 2000iv) The Freedom of Information Bill, 2000v) The Prevention of Terrorism Ordinance, 2001 (POTO)vi) Prevention of Terrorism Act, 2002 (POTA)vii) Protection from Domestic Violence Bill, 2002viii) Anti-terrorism Legislation and the Rule of Law (2004)

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ix) National Rural Employment Guarantee Bill, 2004x) Food Safety and Standards Bill 2005xi) Communal Violence (Prevention, Control and Rehabilitation of

Victims) Bill 2005 xii) Right to Education Bill, 2005xiii) The Prohibition of Child Marriage Act, 2006xiv) Land Acquisition (Amendment) Bill, 2007xv) Rehabilitation and Resettlement Bill, 2007xvi) Copyright (Amendment) Bill, 2010xvii) Prevention of Torture Bill, 2010xviii) National Identification Authority of India Bill, 2010xix) Bill on issues relates to Traffickingxx) Draft Bill on Refugeesxxi) Andhra Pradesh Community Service Offenders Bill, 2011xxii) Citizens’ Right to Grievance Redress Bill, 2011

Some of the more recent and important bills on which it has given its views and suggestions are as under:

The NHRC has made detailed recommendations to replace the Persons with Disabilities Act, 1995 to ensure that the new law incorporates the provisions of the UN Convention on Rights of Persons with Disabilities.

The NHRC had recommended several amendments to the Prevention of Torture Bill, 2009, to ensure that it fully conforms to the UN Convention against Torture.

The Commission forwarded a list of recommendations/suggestions that emanated from the National Consultation on Violence against Women to the Justice Verma Committee, which was constituted by the Government of India for purposes of bringing about amendments to the Criminal Law.

In light of the Justice Verma Committee’s report, the Government of India promulgated the Criminal Law (Amendment) Ordinance, 2013 on 3 February 2013 and later brought out the Criminal Law (Amendment) Act, 2013 by amending the Indian Penal Code, the Code of Criminal Procedure,

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1973, the Indian Evidence Act, 1872 and the Protection of Children from Sexual Offences Act, 2012.

It has also sent its comments on the Prevention of Communal Violence (Access to Justice and Reparations) Bill, 2013 and more recently, its comments on the proposed amendments to the Juvenile Justice (Care and Protection of Children) Act, 2000.

Further, in accordance with Section 12(f) of the PHRA, the NHRC gives its recommendations to concerned Ministries regarding ratification of international human rights instruments and their effective implementation. The following is a list of international human rights instruments signed/ratified/notified by the Government of India (GOI) on the advocacy of the NHRC, India:

The Commission has been advocating for the ratification of the Convention against Torture for the past several years. Pursuant to its efforts, India signed the Convention in 1997. The NHRC has since pursued the matter of the ratification of the treaty with the MHA. Its advocacy for the signing and ratification of the Convention against Torture, led to the drafting of the Prevention of Torture Bill, 2010, on which the NHRC has conveyed its comments to the MHA, and to the Select Committee of the Rajya Sabha (Upper House) of the Indian Parliament.

The persistent efforts of the NHRC contributed to the signing and ratification of both the Optional Protocols to the CRC by the GOI, that is, Optional Protocol to the CRC on the Involvement of Children in Armed Conflict and Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography.

The Commission has written to the Ministry of Labour, GOI to sign and ratify the Convention on Protection of the Rights of All Migrant Workers and Members of Their Families (ICMRW), 1990.

The Commission played an important role in the drafting of the Convention on the Rights of Persons with Disabilities which was adopted by the United Nations General Assembly in December 2006.

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Following the adoption of the Convention on the Rights of Persons with Disabilities, the Commission recommended the ratification of the Convention by the GOI, which ratified the said Convention on 1 October 2007.

The Commission has also advocated to the GOI for the ratification of the Optional Protocol to the Convention on the Rights of Persons with Disabilities.

The NHRC has advocated the ratification of the Convention relating to the Status of Refugees, 1951 and the 1967 Protocol thereto and the enactment of a national law in this regard.

The NHRC has repeatedly urged the Government to sign the 1977 Protocols Additional to the Geneva Conventions of 1949.

OTHER MONITORING MECHANISMS

In addition to the exercise of its mandate as a quasi-judicial body, the Commission has employed various mechanisms to monitor developments within the country that affect human rights and enhance its own capacity to respond to these. These include:

Visits to prisons and other detention and re-habilitation institutions: As part of the mandate under Section 12(c), the Commission’s Members, Special Rapporteurs, and Officers visit prisons and other institutions under the control of the Central and State Governments where persons are detained or lodged for the purpose of treatment, reformation or protection, to assess the living conditions of the inmates and make recommendations for improvement thereon, to concerned authorities.

Special Rapporteurs : The NHRC has also appointed Special Rapporteurs, some of whom are thematic experts, who deal with issues like bonded labour, starvation deaths, mental health, custodial justice, and persons with disabilities, while others cover different geographic areas/regions in India to monitor the situation of human rights on ground, including conditions in

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prisons, mental healthcare institutions and other detention facilities, availability and access to healthcare services etc.

Core and Expert Groups : The NHRC, India has constituted a number of Core and Expert Groups on sectoral issues like health, mental health, right to food, silicosis and the problems of the aging, among others. It has also constituted a Core Group of NGOs to draw on the expertise of NGOs working at the grassroots. The members of these core groups are specialists drawn from civil society, whom the Commission consults on key human rights issues, such as, disability, healthcare, mental health, right to food, protection and welfare of elderly persons and Silicosis and other complex technical matters.

Focal Point on Human Rights Defenders : The Commission, based on one of the recommendations which emanated from the 2009 Workshop on Human Rights Defenders, set up a Focal Point on Human Rights Defenders to deal with all cases relating to violations of the rights of HRDs. The Focal Point can be approached by activists round the clock through a dedicated mobile number in the event of potential or extant threats to their personal life or liberty in the discharge of their work.

28-district Programme : The NHRC undertakes regular visits to the country’s weakest districts, under the Commission’s flagship 28-district programme, wherein it monitors the implementation of the various socio-economic programmes of the Government of India on ground through extensive field visits undertaken by its Members, Officers, and Staff across various States. The Commission sends its observations and recommendations to the state authorities after its field visits, following which Action Taken Reports are sought from the State Governments, are received and further monitored.

Some important programmes in this respect are the Mahatma Gandhi National Rural Employment Guarantee Act relating to the right to employment, Integrated Child Development Scheme regarding child health and nutrition, Sarva Shiksha Abhiyan regarding the right to education, Indira Awaas

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Yojana relating to rural housing, Prime Minister Gram Sadak Yojana for village road connectivity, National Rural Health Mission, Accelerated Rural Water Supply Programme, Total Sanitation Campaign, Mid Day Meal Scheme for school children, and the Rajiv Gandhi Gramin Vidyutikaran Yojana for rural electrification, among several others.

Open Hearings : The Commission has initiated Open Public Hearings to hear and decide cases of atrocities against persons belonging to the Scheduled Castes (SCs). This is in keeping with the recommendations made by the K. B. Saxena Report, commissioned by the NHRC to study the problems faced by persons belonging to Scheduled Castes. The Commission invites complaints from the general public for the hearings through the electronic and print media and on receiving these, calls for reports on the cases from the concerned authorities.

These cases are subsequently heard by the Commission’s Single and Double Benches in the presence of the Chief Secretary of State and other senior state functionaries during the public hearings. In addition, the Commission also takes up cases of human rights abuse of a particularly egregious nature during its interaction with senior officers of the State Government. So far, it has held successful open hearings in Odisha, Gujarat, Tamil Nadu, Rajasthan, Maharashtra, Uttar Pradesh and Madhya Pradesh, wherein cases have been heard, compensation/relief awarded to the aggrieved and suitable instructions issued for taking punitive action against errant public officials.

Camp Commission Sittings : The NHRC has also been holding Camp Commission Sittings across states to ensure speedy disposal of pending cases and interact with officials of the state, NGOs, civil society and the media to understand the key human rights concerns within a state. On the intervention of the Commission during the Camp Commission Sitting in Odisha, the customary ‘bartan’ system in the State was officially recognized as debt bondage and abolished by the Government through a public notification.

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Specialized Cell on Bonded Labour: The NHRC, India has been addressing the issue of bonded and child labour since its inception through various mechanisms, most notably, complaints disposal and spot inquiries. Further, the Supreme Court of India has mandated the Commission to continue monitoring the situation of bonded/child labour across the country.

To further strengthen its efforts in this regard, NHRC set up a Cell to monitor issues of bonded and child labour, and the action taken by public authorities on its various recommendations. The Commission has been undertaking state-wise reviews and conducting workshops to sensitize all stakeholders on the issues of bonded and child labour. The dedicated Cell monitors and follows up on a ten-point charter of activities that the NHRC is implementing, including a Core Group on Bonded Labour, to advise the Commission on strategies to eliminate bonded labour, training and awareness generation on the elimination of bonded labour, workshops in every state known to be particularly affected by the problem, surprise visits by NHRC teams to bonded labour-prone areas, with the assistance of social action groups, meetings with the States/UTs to review the functioning of the Laws that prohibit bonded and child labour, developing an 'Instruction Manual' for the States, detailing a comprehensive check-list for the identification, release and rehabilitation of bonded labourers, issue of release certificates to freed bonded labourers etc

SPECIAL INITIATIVES ON CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Important Instructions/Guidelines of the Commission : The NHRC, India has evolved a stringent reporting system and

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guidelines on issues of custodial deaths and rapes, post-mortem examinations in cases of death in custody, arrests, detention, deaths in alleged fake encounters, mentally ill persons in prisons, medical examination of prisoners, under trial prisoners, among several others, apart from stressing the need for systemic reforms within the police and prison system.

Mental Health : Recognizing the work the NHRC has done to improve the mental health system in the country, the Supreme Court gave it a remit to monitor the mental hospitals at Ranchi, Agra and Gwalior. The NHRC’s Core Group on Mental Health, set up in 2001, looks at ways to improve the functioning of all mental hospitals in India, including the adequacy of their infrastructure and manpower. In addition, its Special Rapporteurs regularly inspect and report on these hospitals, as do its Members.

Silicosis : On its own initiative as well as the mandate provided by the Supreme Court of India, NHRC has continued to monitor deaths of workers due to Silicosis, those suffering from the disease, as well as issues of compensation, prevention, and rehabilitation of those affected, since it first took cognizance of the matter in 1995. In 2011, the Commission also submitted a ‘Special Report on Silicosis’ to draw the attention of the nation’s policy makers to the seriousness of the issue.

Endosulfan : The NHRC, India took suo-moto cognizance the use of the insecticide, endosulfan, which had caused serious violations of human rights of villagers of Kasargod and other areas in Kerala – including right to life, health, clear and clean environment and the women’s right to reproductive health. The Commission, in 2010, directed to the Government of Kerala to grant relief to persons affected by the use of Endosulfan in Kasargod and other areas. The Commission recommended that the Government of India take administrative and legislative action against the use of Endosulfan. The State Government of Kerala had since ordered the implementation of the recommendations of the Commission.

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Clinical trial of drugs : The NHRC took cognizance of the unregulated clinical trials of drugs, which in many instances had led to the death and other health challenges for unsuspecting and poor subjects who had participated in the bioavailability/bioequivalence study. The Commission subsequently constituted an Expert Committee to frame Guidelines on clinical drug trials which have since been sent to the Government of India for consideration and implementation.

ENGAGEMENT WITH NATIONAL BODIES AND INTERNATIONAL/REGIONAL MECHANISMS

The National Commissions for Minorities, Scheduled Castes, Scheduled Tribes, Children and Women are Deemed Members of the NHRC, India with whom it regularly interacts to consider various human rights issues. It also convenes annual meetings of State Human Rights Commissions (SHRCs) to consider issues of mutual concern.

Further, the NHRC, India has undertaken several initiatives to enhance cooperation with other NHRIs. Officers from NHRIs of Rwanda, Australia, and Indonesia have been on attachment for various periods with the Commission for training. The Commission recently inked MoUs with the Afghanistan Independent Human Rights Commission as well as the Mexican NHRI, for providing capacity building/development assistance to these NHRIs.

The officers of NHRC, India and the NHRIs of Maldives, Nepal, Rwanda etc. have visited each other to share their best practices. On the request of the NHRIs of Afghanistan, Bangladesh, Ethiopia, Oman, and Myanmar, the Commission held interactions with them to share knowledge on its complaint handling mechanisms, training and awareness programmes, and other aspects of its functioning. It has also hosted delegations comprising members of civil society, lawyers, and political and social activists from China and Myanmar.

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The NHRC, India is a founding Member of the APF and actively participates in the annual meetings and training programmes organized by the APF. It hosted the 19th Annual Meeting of the APF in September 2014 in New Delhi. It is also a founding member of the ICC and regularly participates in its meetings each year. It was accredited by the ICC with ‘A’ status first, in 1999 and again, in 2006 and 2011.

The NHRC, India has also held interactions with UN Special Rapporteurs on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health, Freedom of Religion and Belief, Human Rights Defenders, Extrajudicial, Summary or Arbitrary Executions, Violence against Women, and Business and Human Rights. It has also held interactions with Diplomats, Members of the European Parliament, students and research scholars from international universities, INGOs, representatives of UNDP and OHCHR, and other visitors to the Commission.

The NHRC has installed its computerized Complaint Management and Information System (CMIS), in collaboration with the UNDP, in the NHRIs of Jordan, Nepal, Rwanda, and Uganda.

To prepare for the parallel country paper for submission to the Human Rights Council for the Second UPR process, the Commission held 5 regional consultations and a National Consultation with NGOs, academics, officials and SHRCs, whose inputs formed the basis of the said paper. In addition, the Joint Secretary (Trg.), NHRC presented an Oral Statement at the Plenary Session of the HRC on the adoption of India’s report on the UPR.

Finally, I submit, that the fact that NHRIs work is to protect and promote human rights suggest that their functions constantly

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consistent with principles of accountability and transparency. The NHRIs risk eroding their reputations for legitimacy if the public’s legitimate expectations go unfulfilled and if their recommendations remain unenforced. Operational transparency and institutional accountability assure victims of human rights violations that NHRIs work to provide justice to victims and preserve the rule of law. NHRIs must ensure this faith in institutional responsibility to preserve the rule of law. In almost many countries the proceedings of NHRIs are only recommendatory without there being the provision for enforcement. The NHRIs face this situation wherein non-compliance of the recommendation of NHRIs in deserving cases. I must suggest that NHRIs must be conferred with the power to ensure its recommendations implemented without which the Good Governance which we speak cannot be achieved in full.

In conclusion it must be stated that Good Governance is measured by country’s growth and development among the poor and weaker sections. I can explain the word Good Governance as understood and said by Mahatama Gandhi, the Father of our Nation in the following words :

“DO THE POLICY HELP TO THE POOREST AND WEAKEST MAN? IF YES, THAT IS GOOD GOVERNANCE. “

NHRIs must ensure Good Governance through their actions, deeds, as serving to all the citizens of its country, more particularly the poor and weaker sections.

Thanks for the Chair.

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Documents

NHRC, India Justice D.Murugesannhri.ohchr.org/EN/ICC/GeneralMeeting/28/Theme 3 The... · Web viewNHRI INDA AND ITS GOVERNNANCE PRESENTED BY HON’BLE JUSTICE SHRI D. MURUGESAN, MEMBER,